It’s not unusual for a couple who are separating amicably to arrive at an agreement for the division of property and then call to us to ‘draft it up’. They’ve sorted it out they tell us, there’s nothing else that needs to be done and frankly, they just want the cheapest pathway through the family law maze.
What a great idea, you think. Well… actually, it’s not always.
As lawyers, we are bound by a tight web of professional conduct rules and obligations that dictate how we do our job. One of those rules is client confidentiality (everyone knows that one). But did you know we can’t act for both partners in a family law matter? To do so would be a conflict of interest.
It’s logical when you think about it. How can I do what’s in your best interest, if I’m also acting in your ex-partner’s best interest? Those best interests usually conflict. Hence, we cannot help you if we’re hurting you at the same time. (We’re not dentists.)
However, all is not lost. What we can do is act for one of you. The other person can be self-represented and we can liaise with them directly, or they can seek legal advice elsewhere. Perhaps the agreement you’ve arrived at is a fair and equitable one at law, perhaps not. That’s where we come in. Help us help you by getting the right advice early on in your family law matter.
Call for a no-obligation discussion any time.
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