# Do we need two separate solicitors for an amicable divorce?



## wavejumper (2 Nov 2010)

Myself and my partner have contacted a local solicitor in order to initiate separation and ultimately divorce.  The separation is amicable and we have already agreed on all terms.  There are no children involved, just the house which we have agreed on.

We thought, seeing as we were agreed on all accounts, that we could just save ourselves the money and go to the same solicitor to draw up the separation agreement needed to initiate the divorce. 

The solicitor though insisted we use separate firms, even if in perfect agreement, as there is a risk of one of the parties raising objections after the divorce that they had not clearly understood what they had been asked to agree on, because the solicitor might have taken sides.


This seems a bit ludicrous to me; this solicitor went as far as reccommending a firm 'down the road' for my partner to consult with.

Is this really common practice or is this just a way to either introduce some disagreements between my partner and myself, or worse, just a tacit agreement between two firms to split clients and thus moneis?

Any suggestion would be much appreciated.


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## Berni (2 Nov 2010)

He is right, he can't act in the best interest of both sides, so you will need a second solicitor. If you are in agreement on the details of the separation, then the extra cost would be minimal.


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## mf1 (2 Nov 2010)

Or you could just save yourself a shed load of money and just do it yourselves! Problem solved - no solicitors involved. 

Oh no, wait  - you want their expertise, you want their professional indemnity insurance in case it all goes tots up and you want someone to blame. 

As a practising family lawyer, I would run very fast away from two clients who wanted to be represented by the same solicitor in order to save costs rather than being properly represented individually in order to properly protect their interests.  


mf


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## wavejumper (2 Nov 2010)

Thanks Berni.

Mf1, condescending posturing is not what I was asking for.


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## mf1 (2 Nov 2010)

"or is this just a way to either introduce some disagreements between my partner and myself, or worse, just a tacit agreement between two firms to split clients and thus moneis?"

You asked. 

mf


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## Maggs065 (2 Nov 2010)

mf1 said:


> As a practising family lawyer, I would run very fast away from two clients who wanted to be represented by the same solicitor in order to save costs rather than being properly represented individually in order to properly protect their interests.
> mf


 
There aren't too many solicitors around who would run away from business at the moment methinks!


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## mf1 (2 Nov 2010)

Maggs065 said:


> There aren't too many solicitors around who would run away from business at the moment methinks!



Believe me - the scenario is an absolute non runner. It is professional suicide. You may as well put your hand in boiling oil. 

mf


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## T McGibney (2 Nov 2010)

Maggs065 said:


> There aren't too many solicitors around who would run away from business at the moment methinks!






wavejumper said:


> or worse, just a tacit agreement between two firms to split clients and thus moneis?



I don't think there are too many either that would contrive to reduce their own fee income just to give their competitors a helping hand


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## paddyc (2 Nov 2010)

There was something on TV a couiple of weeks ago about DIY divorce, as you have both already agreed on it you might want to consider it. Google it and see what you get, think the programme said costs were in the region of a few hundred euros.


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## Marietta (2 Nov 2010)

paddyc said:


> There was something on TV a couiple of weeks ago about DIY divorce, as you have both already agreed on it you might want to consider it. Google it and see what you get, think the programme said costs were in the region of a few hundred euros.


 

Is this it?   http://www.diydivorceireland.ie/

Somehow I think it will cost more than a few hundred euro.


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## j26 (2 Nov 2010)

You will need separate representation (unless you go the diy route). A solicitor can't take both sides of the case as it would be a pure conflict of interests to do so.


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## alaskaonline (2 Nov 2010)

I agree with pre-posters: it's a conflict of interest if one solicitor represents the two of you. Do some online research and you'll find the same statements on professional websites. Therefore this particular solicitor isn't mad to send one of you to the competition, he's just aware of the fact that he alone can't act in the best interest for the two of you!

mf1 maybe was a bit blunt but I think he/she was just straight to the point. Get that 2nd solicitor on board!


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## Thirsty (2 Nov 2010)

You can do it all yourselves - you just purchase the necessary forms/documents from the Gov. stationery office, it used to be around E7.50.  Complete them and lodge them at the Court.  There are some books around also on this very topic.

You'll find the court clerks very helpful in regards to the documentation needed, but of course they can't give any legal advice.


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## Eithneangela (2 Nov 2010)

My divorce cost me nothing - ex-hubby and I agreed on everything (we have children and had property).  As he wanted the divorce, he got it using his solicitor - I just had to sign a form which stated that I had no claim on anything (especially pension in the future) and that we were agreed on everything in terms of the final split.  Methinks a lot of solicitors responded to the original OP


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## wavejumper (2 Nov 2010)

thanks for all the replies.  I'll see how using one solicitor flies with my partner otherwise I think we'll go and get us two of them, no shortgage of 'em it would appear   Thank you again.


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## Vanilla (2 Nov 2010)

Judging from the OPs post they are not separated long enough to get a divorce, they now want a separation and someone to deal with the property adjustment. Which involves conveyancing and that means a solicitor must be involved. And where one party is signing off an interest in property in favour of another party, they must get independent legal advice before they can do so. This is so that:

1. They get the benefit of independent legal advice about their situation and
2. To protect the party who is receiving the property from them ever coming back in the future trying to claim back an interest in the property on the basis that they did not get that independent advice.


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## wavejumper (2 Nov 2010)

thanks Vanilla, that's pretty much the situation and I agree with your view.

While we are at it, while we are indeed not separated long my partner would very much appreciate to get a quick divorce, my understanding is that it takes 4 years of separation before the divorce is granted in this country.

Am I correct in thinkining that if we present outselves as a couple which has lived for the most of the last 4 years as living separately under the same roof this would speed up proceedings?


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## Vanilla (2 Nov 2010)

You should never base a divorce on a lie! I hope I'm picking you up wrongly.


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## wavejumper (2 Nov 2010)

No, you got that right Vanilla, my partner would appreciate a quicker way to get re-married not in the too distant future,  make of that what you will. I'd still like to know if presenting our case this way is likely to get things sorted quicker.


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## fizzelina (2 Nov 2010)

wavejumper said:


> No, you got that right Vanilla, my partner would appreciate a quicker way to get re-married not in the too distant future, make of that what you will. I'd still like to know if presenting our case this way is likely to get things sorted quicker.


 
Fair play to you wavejumper for being so facilitative and nice about that. But to claim something that is untrue could put you in a situation of perjury?


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## wavejumper (2 Nov 2010)

I have not agreed on it yet, I am merely asking for advice/opinions as I am not particularly fond of lying nor am I in any big hurry to re-marry but I do understand my partner concern.


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## mf1 (2 Nov 2010)

Telling lies, and facilitating lies, has a nasty habit of coming back to bite people on the bottom. 

And we wonder why one solicitor would have a difficulty representing both parties? 

Case proved. 

mf


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## Thirsty (3 Nov 2010)

If you have been living separate lives, albeit at the same address then this can be taken into account as part of the 4 years rule.  However, you should be able to prove this claim by documentary evidence if necessary (bank accounts, financial arrangements, living arrangements etc.,).

mf1 is quite correct though, being untruthful is almost guaranteed to come back & haunt you at some point.


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## wavejumper (4 Nov 2010)

Thank you for all the answers.


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## dereko1969 (4 Nov 2010)

Eithneangela said:


> My divorce cost me nothing - ex-hubby and I agreed on everything (we have children and had property). As he wanted the divorce, he got it using his solicitor - I just had to sign a form which stated that I had no claim on anything (especially pension in the future) and that we were agreed on everything in terms of the final split. Methinks a lot of solicitors responded to the original OP


 
To be honest with you I think you were very foolish not to have gotten independent legal advice. Whilst you may not have any claims on anything in the future are you sure you have no obligations either?


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