One solicitor in a divorce?

[Kitiara]

Hi All,

Just wanted a bit of advice for a friend of mine who is wanting to starting divorce proceedings....

She and her husband seperated in November 2010, and she moved out of the marital home (this was property bought soley in his name and she was never added to the mortgage - not sure why!) She has said she doesn't want any monies regarding the house and there are no financial affairs to sort out, no children from the marriage so should all be straight forward.

My question is ... is it possible to use one solicitor to cut down costs? My friend and her ex have discussed and agreed that she is not going to pursue half of the house, and he has agreed to pay ALL costs incurred (including her solicitors fees) As there are no children to make provision for, and no monies to be distributed could they use one solicitor just for the legal side of things i.e. anything that needs signing etc? The only downside if this is possible is that my friend now lives 170 miles from her ex, so does anyone have any idea of how many visits to a solicitor may be necessary?

Thanks,

Kit

[Hurricane Puffrose]

Re: One solicitor in a divorce?

if you are happy to do an amicible divorce, and its literally just signing papers, then i cant for the life of me see why not!

[Kitiara]

Re: One solicitor in a divorce?

Thats what I thought, but my friend is not sure if it's possible - conflict of interest and all that, so said I would ask the lovely people of LB for some advice.

[Sapphire]

Re: One solicitor in a divorce?

Tell her to contact her local court, they will give her the papers and its all pretty straightforward as long as both sides are happy.

[Celestine]

Re: One solicitor in a divorce?

No, as far as I know, you can't use the same solicitors.

Although, she should google DIY divorces, there are a few companies offering services to 'no dispute' separating couples.

This should simplify everything.

Does she realise that she needs to come up with a reason for the divorce and who is going to be 'at fault'.

They can't do separation as it hasn't been long enough......

Good luck to your friend. x

[Kitiara]

Re: One solicitor in a divorce?

Thanks Celestine ... I have just called her and told her to google the DIY divorce thing, she's now panicking that some of these DIY things may not be legal - a bit like "buying a degree" online type of thing.

They have agreed to the reason for the divorce (or D.I.V.O.R.C.E. as she will insist on calling it grrr!!), her ex took to living upstairs for 7 months, not even coming down to eat, all meals were taken in the bedroom, he only left the room for work, this was supposedly as he was always fighting with my friends 22 year old son (not his son), but when said son left home, he continued to live upstairs for a further 4 months, (he may still be there for all we know, she left him at this point) He actually was the reason both of my friends kids left home, they couldnt stand their stepdad and he was verbally abusive to them and to my friend, he did get physical at times too, I have seen the holes in the kitchen and bathroom doors to prove this, although he was never violent to my friend - I think it did come close a few times though. I do agree that "unreasonable behaviour" sounds about right on the grounds for the divorce which is what my friend is citing.

[Celestine]

Re: One solicitor in a divorce?

The DIY Divorce things are perfectly legal. I'm pretty sure Martin Lewis's Money Saving Expert has some reviews on the good v the bad! Like anything, she MUST research!!

[Hurricane Puffrose]

Re: One solicitor in a 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. Alawyer 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.



http://www.direct.gov.uk/en/Governme...orce/DG_193732