Amicable settlements: Can we both see the same lawyer?

We are frequently asked by potential new clients whether they can bring their ex-partner with them, to see us for initial advice with respect to finalising their agreement for property settlement and/or parenting matters.  Read this blog post to find out more. 

Example: My husband and I have separated. It is a very amicable split.  We have reached an agreement and want to divide everything 50/50.  Can we come to see you together and you can tell us what we need to do to finalise this in the Family Court? 

 

Even though you and your ex-partner have an amicable relationship and have already reached an agreement, we are not able to represent or advise both of you as this would be a conflict of interest, and unethical.

 

Lawyers are bound by strict ethical obligations.  For lawyers acting in WA these ethical obligations are set out in the Legal Profession Conduct Rules 2010 (WA).  

 

Lawyers owe a duty of loyalty to their clients to act in their client's best interests.  In family law matters, we are unable to act in your best interests if we are also representing and advising your ex-partner, because your interests are directly adverse to each other.  It would not be ethical and would be in breach of the Legal Profession Conduct Rules. 

 

If you and your ex-partner have reached an agreement and wish to finalise your agreement, we recommend that you each obtain independent legal advice as to your rights, entitlements and obligations.  However, it is not a requirement that both parties obtain independent legal advice.  

 

If you and your ex-partner have reached an agreement, and wish to finalise your property settlement and/or parenting agreement, please contact Applecross Family Lawyers on (08) 9364 9915 or 0474 458 340 and we will advise you as to the next step forward and how we can assist you in the most cost effective way possible. 

Write a comment

Comments: 0