Divorce can be a complex and emotionally charged process, with many couples – particularly those with children – seeking ways to make it as smooth and efficient as possible.
One increasingly popular option is using the same solicitor for both parties. But is this a good idea? And what are the potential pitfalls?
One couple, one lawyer
Using the same divorce solicitor is a process that’s often referred to as “one couple, one lawyer”. And there are plenty of reasons it can seem like an attractive proposition.
- It can potentially reduce legal fees significantly, as you’re only paying one solicitor.
- Having a single point of contact can also streamline communication and make the process less stressful.
- You might expect a more unified legal strategy, ensuring consistency and potentially speeding up the process.
Potential pitfalls
However, before you jump in, it’s crucial to understand the possible downsides. The biggest concern is the potential for a conflict of interest.
A solicitor has a professional responsibility to act in the best interests of their client. When representing both parties in a divorce, this can become incredibly difficult – if not impossible. For example, if you and your spouse disagree on the division of assets or child custody arrangements, how can one solicitor effectively advocate for both of you when your interests are directly opposed?
Limited advocacy and unequal representation
While a solicitor can offer general legal advice and help you navigate the divorce process, they can’t provide the same robust advocacy as they would if they were representing only one of you. They cannot fight for your individual needs and priorities in the same way, which could leave one or both of you feeling disadvantaged.
There’s also the risk of unequal representation. Even with the best intentions, one party may feel their voice isn’t being heard as clearly or that their needs aren’t being given equal consideration. This can lead to resentment and further complicate the situation.
Ethical considerations for solicitors
It’s important to understand the ethical considerations at play. Divorce solicitors in the UK are bound by strict professional conduct rules. They must be transparent about their role and limitations when acting for both parties. They must ensure both you and your spouse understand the potential conflicts and give your informed consent to proceed. If at any point a significant conflict arises, they may have to cease acting for both of you, delaying the process.
Making the right decision for you
If you’re considering using the same solicitor, have an open and honest conversation with your spouse about your expectations and concerns. Discuss your individual needs and priorities and consider whether this approach aligns with those. If you have any doubts, it’s always advisable to seek independent legal advice from separate solicitors.
