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Can one lawyer represent both of us?

Can One Lawyer Represent Both Of Us
Published: 9th October 2006 - Category: Separation and Divorce - Author: Lynne Bastow

Friendly divorce?

Couples separating without acrimony, who have grown apart and no longer love each other and simply wish to go their separate ways, often ask whether one solicitor can represent them both.

The answer is always no, no matter how friendly you are.

One lawyer cannot represent both parties in a divorce because this could result in a conflict of interest. Divorce is a form of litigation and the English Legal System is adversarial. A lawyer will advise you what is in your best interests, which, given the nature of the dispute, is unlikely to be in your spouse’s best interests.

It is not necessary, although it is advisable for you both to have a solicitor. One party could instruct a solicitor and the other could represent themselves. However, the solicitor drawing up the papers will be acting on behalf of one party only and this is worth remembering if you are the unrepresented party.

Separation, divorce and financial best interests

It is also worth remembering that some people don’t act in their own financial best interests. Instructing a solicitor does not compel you to take his/her advice, although it does seem a pointless exercise to instruct and then not act upon it. Some people simply wish to know their legal rights and then are quite prepared to act against them. For example, men who have left their wives for other women; men whose wives are the main breadwinners and who are too proud to claim their share; men who don’t want their children to be affected financially by the divorce; woman who are scared of their husbands; women who would rather go without than take “his money”.

Lynne Bastow Divorce Solicitor

Meet Lynne Bastow

With over 16 years experience, Lynne can provide excellent and valuable advice and has a friendly, positive approach towards all her clients, ensuring you get the best service possible.

Read Lynne's Books

If you need more information on divorce, Lynne has published two informative guides on divorce, which you can purchase from Amazon.

The Little Book of Divorce

The Little Book of Divorce

Buy on Amazon
The Little Book of Divorce Dilemmas

The Little Book of Divorce Dilemmas

Buy on Amazon

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