We get asked this question a lot. It’s not surprising, there are a lot of misconceptions about how family lawyers work. Representing both parties in a divorce case is just one of them. Divorcing couples often find it difficult to understand why a family lawyer can’t act for both parties in a divorce. Here’s why…
It’s not allowed because there is a conflict of interest. Even if a husband and wife have reached an agreement and everything is amicable, representing both parties is just not possible.
If we were to act for both parties in a divorce, a situation may arise when advising or drafting the order where we have to advise that the agreement is not in their best interests. In this scenario, if Holland Family Law is acting for both parties, who would we advise? We cannot advise both parties.
Case Going to Court
It’s possible that a divorce case could end up in court, where acting for both parties would clearly be problematic. How could one of our family lawyers cross examine both parties and then sum up to a judge and ask that they find in favour of each party?
Then there’s the issue of fairness. One of the parties might be unsure of whether they’re getting a fair deal. The only way they can know is if they’re represented by a different family lawyer.
The system is simply not set up for Holland Family Law to act for both parties in a divorce case. Even if it were, there would be still be challenges. While both parties may agree on everything prior to instructing a family lawyer, divorce is rarely straightforward, and things can change during proceedings.
In this instance, Holland Family Law would be in an impossible situation if an agreement broke down.
How Does Holland Family Law Work?
If the aim is to avoid going to court, Holland Family Law works with individuals in accordance with Resolution’s code of practice. We work on cases in a constructive way in order to avoid conflict and confrontation arising during the divorce process.
As members of Resolution we act in the best interests of individuals to help resolve cases amicably. Our aim is to keep divorce cases out of the courts to avoid adding any further emotional trauma and to keep legal costs down.
We treat every individual we represent with respect and without judgement to ensure that they are at ease and trust us to act in their best interests.