Can You Use The Same Lawyer In A Divorce In Singapore?

by 21 October 2024Knowledge & Insights

Navigating the divorce process in Singapore requires careful attention to legal representation to protect your rights and interests. A divorce lawyer is crucial in providing legal advice, negotiating settlements, and ensuring a fair outcome through mediation or Court proceedings.

Divorce is never an easy process, even when both parties agree on the terms. Some couples, to reduce costs and avoid conflict, might wonder if they can share one divorce attorney.

However, the answer is clear: No, you cannot use one divorce lawyer to represent both parties.

Conflict Of Interest In Divorce Cases

In legal terms, a conflict of interest arises when a single lawyer is asked to represent opposing parties in a case. In divorce, each spouse is considered an opposing party, even in an uncontested divorce. This makes it impossible for one divorce lawyer to fairly and ethically represent both sides.

When a divorce lawyer represents one spouse, they are legally bound to act in that person’s best interest. If the same attorney were to try and represent both spouses, they would inevitably face a conflict of interest.

This could lead to biassed representation, where one spouse’s interests are favoured over the other’s, intentionally or unintentionally. This can result in an unfair advantage for one party, affecting crucial decisions on asset division, child custody, or alimony.

For example, consider a situation where one spouse earns significantly more than the other. If both parties share the same lawyer, the lower-earning spouse might not receive the legal advocacy they need to secure a fair settlement.

Similarly, in disputes over child custody, a shared lawyer might struggle to remain neutral, potentially disadvantageous to one parent.

Mediation Using A Neutral Lawyer-Mediator

While it is impossible for one divorce attorney to represent both spouses, there is an alternative: mediation with a neutral lawyer-mediator.

A lawyer-mediator acts as a neutral third party, guiding the divorcing couple through the process of negotiating and finalising their divorce terms without legally representing either side.

Mediation can be particularly useful for couples who are amicably ending their marriage and have already agreed on most of the terms.

In this process, the mediator helps both parties understand the relevant laws and assists with the necessary paperwork. Still, they do not offer legal advice or act as a representative for either spouse.

This neutrality allows the mediator to facilitate fair discussions on issues such as child custody, division of matrimonial assets, and spousal maintenance.

However, it is important to note the limitations of using a lawyer-mediator. Since the mediator does not represent either spouse, they cannot provide legal advice or draft binding agreements if disputes arise.

For couples with complex assets or significant disagreements, seeking legal advice from separate divorce lawyers may be necessary to protect their individual interests.

One Spouse Self-Represent

In some divorce cases, one spouse may choose to represent themselves while the other hires a divorce lawyer.

This approach is generally taken when both parties agree on all the terms of the divorce, making the process straightforward. However, while this option might seem cost-effective and simple, it comes with significant risks and potential challenges.

When one spouse decides to represent themselves, they take on the responsibility of navigating the divorce process without legal counsel.

The other spouse, who has hired a divorce lawyer, benefits from professional guidance on matters such as paperwork, legal strategy, and Court proceedings. The lawyer’s role is to act in the best interest of their client, ensuring that their rights and needs are fully protected.

For example, when a couple has no children and few assets to divide, the spouse with legal representation can have their lawyer prepare all the necessary paperwork.

The self-representing spouse would then review and sign these documents. This process can work smoothly when both parties are in full agreement on all terms.

Risks Of Self-Representation

Self-representation in a divorce can lead to an imbalance in legal expertise, which may result in unfair settlements. The spouse with legal representation has access to professional advice, while the self-representing spouse may lack the knowledge to understand the legal implications of certain decisions.

This disparity can create situations in which the self-representing spouse agrees to terms that are not in their best interest simply because they do not fully understand their rights under family law.

Additionally, the lawyer representing the other spouse is bound by ethical rules, meaning they cannot offer any legal advice to the self-representing spouse. Their duty is solely to their client, leaving the other spouse to navigate the complexities of the divorce process alone.

If disagreements arise during the divorce proceedings, the situation can become even more complicated. The lawyer may be reluctant to negotiate directly with the self-representing spouse due to concerns about malpractice or appearing biassed.

In such cases, the self-representing spouse might find themselves at a significant disadvantage, leading to the possibility of needing to hire a divorce lawyer partway through the process, which could increase both the cost and duration of the divorce.

When Self-Representation Might Be Viable

Despite the risks, there are certain scenarios where self-representation could be a viable option. If the divorce is straightforward, with no children involved, minimal assets to divide, and complete agreement on all terms, self-representation may work.

However, it is crucial to be aware of the potential challenges. Even in seemingly simple cases, conflicts can arise, leading to delays and additional costs.

If the divorce proceedings become contentious, the judge may order mediation, or the case may end up in a trial, both of which require thorough legal preparation and knowledge.

 

When Can You And Your Spouse Use The Same Divorce Lawyer?

In Singapore, using the same divorce lawyer is a rare occurrence, primarily due to the potential conflict of interest. However, there is a specific scenario where sharing a lawyer might be permissible: a simplified uncontested divorce.

This type of divorce is suitable when both parties have reached a full agreement on all key issues, making the process more straightforward.

Simplified Uncontested Divorce

A simplified uncontested divorce occurs when both you and your spouse agree on all aspects of the divorce without the need for prolonged negotiations or Court battles.

This includes critical matters like child custody, the division of matrimonial assets, and any other financial arrangements. Since there are no disputes to resolve, the need for independent legal advice or separate representation may be less pressing.

In such cases, sharing the same divorce lawyer might be an option. The same lawyer can draft and file the necessary documents, such as the Draft Consent Order, which outlines all the agreed-upon terms of the divorce.

This document must be signed and submitted to the Family Justice Courts, signifying both parties’ consent to the terms.
It’s important to note that even in a simplified uncontested divorce, the lawyer representing both parties will not be providing legal counsel to either party in the traditional sense.

Instead, the lawyer’s role is limited to facilitating the legal process and ensuring that all paperwork is correctly completed and filed. If any disagreements arise or one party feels uncertain about the terms, seeking independent legal advice from another lawyer is strongly advised.

Considerations Before Sharing a Lawyer:

While sharing a lawyer can be beneficial in certain circumstances, it’s worth noting that this option is only suitable for couples who are in full agreement and confident in their decisions.
If there is any doubt or complexity in the divorce, or if either party feels their best interests may not be fully protected, it is crucial to seek legal advice from an independent solicitor. This ensures that both parties are fully aware of their rights and obligations under family law, avoiding any potential complications later on.

Contested Divorce

When a couple cannot reach an agreement on key aspects of their divorce, such as the division of assets, child custody, or spousal support, the case becomes a contested divorce. In these situations, both parties are in disagreement, and the divorce proceedings take on an adversarial nature.

In a contested divorce, each spouse needs to have their own lawyer to represent their individual interests. The reason for this is simple: the opposing nature of the case makes it impossible for a divorce lawyer to fairly and ethically represent both parties at the same time.

In Singapore, family law strictly prohibits a divorce lawyer from acting for both parties in a contested divorce, as this would create a clear conflict of interest.

During a contested divorce, the stakes are often high. Issues like child custody, the division of property, and spousal support can have long-lasting implications for both parties. Sharing a divorce lawyer in such cases would be impractical and legally and ethically questionable.

The role of a family lawyer is to advocate for their client’s best interests, offering legal advice and ensuring that their client’s rights are protected throughout the proceedings. If a single lawyer attempted to represent both spouses, it would be impossible to avoid bias.

This could lead to one party receiving an unfair outcome. The lawyer might unconsciously—or consciously—favour one party over the other, resulting in a decision that does not reflect the true interests of both spouses.

 

Pros And Cons Of Sharing The Same Divorce Lawyer

When considering whether to share a divorce lawyer with your spouse, it’s essential to weigh the benefits and drawbacks carefully. While sharing a divorce lawyer can be cost-effective and efficient in certain cases, significant risks could impact the outcome of your divorce.

Pros

  • Cost Savings: One of the most compelling reasons for sharing a divorce lawyer is the potential for cost savings. Divorce lawyers typically charge between $1,200 and $3,500 for a simple, uncontested divorce.
    By opting for just one lawyer, both you and your spouse can split these legal fees, making the process more affordable. This can be particularly beneficial for couples who are looking to minimise expenses during an already stressful time.
  • Simplified Process: Sharing a single lawyer can also simplify the divorce process. In cases of an uncontested divorce, where both parties are in agreement on custody and the division of assets, having one lawyer handle the paperwork can streamline communication and reduce the likelihood of misunderstandings.
  • Faster Resolution: With fewer lawyers involved, the divorce process can move more quickly. One lawyer handling both sides means less back-and-forth between different legal counsels, which can often delay proceedings.
    For separating couples eager to finalise their amicable separation, this could lead to a faster resolution and allow them to move on with their lives sooner.

Cons

  • Risk to One Party’s Interests: The main disadvantage of shared representation is the potential compromise of one party’s interests. When both spouses rely on the same lawyer, there is a risk that the lawyer may not be able to fully advocate for both parties equally.
    This could lead to an unfair outcome, particularly if one spouse is less familiar with the legal process or feels pressured to agree to terms that aren’t in their best interests.
  • Lack of Tailored Legal Advice: A family lawyer representing both parties cannot offer personalised legal advice tailored to each spouse’s needs.
    Instead, they must remain neutral, which can leave gaps in understanding and preparation. For example, one spouse might not receive proper guidance on issues like parental rights or financial disclosure, potentially leading to long-term consequences.
  • Potential for Future Disputes: Even if both spouses agree to share a divorce lawyer, conflicts can still arise later in the process. If one spouse feels they have been unfairly represented or that their interests weren’t fully considered, it could lead to disputes down the line.
    This is especially true in cases where the divorce starts as uncontested but evolves into a contested divorce due to disagreements. In such situations, the original lawyer would not be able to continue representing both parties and new legal representation would be required.

 

Conclusion About Can You Use The Same Lawyer In A Divorce

Deciding whether to share a divorce lawyer with your spouse is a critical choice that requires careful consideration of the risks, benefits, and legal implications. While sharing one lawyer may offer cost savings and a simpler process, especially in uncontested divorces, it comes with significant risks.

The potential for conflicts of interest, a lack of tailored legal advice, and the possibility of disputes arising later can all jeopardise the fairness and outcome of the divorce.

In Singapore, where family law is stringent, sharing one divorce lawyer is generally only advisable in straightforward, uncontested divorces where both parties are in complete agreement.

However, if there are any complexities or disputes, it is strongly recommended that each spouse engage their own lawyer to ensure their rights and interests are fully protected.

Ultimately, ensuring fair legal representation is paramount in any divorce. Compromising on this aspect can lead to long-term consequences that may be difficult to rectify.

If you are navigating a divorce in Singapore, it’s crucial to seek expert legal advice. At Tembusu Law, our team of dedicated family lawyers in Singapore provides comprehensive legal services to help you manage even the most challenging family law disputes.

We are committed to guiding you through every stage of the divorce process in the family justice system. Whether you’re dealing with child custody issues, the division of matrimonial assets, or other complex matters, we’re here to help you fight for your fair share.

Contact our team of experienced divorce lawyers in Singapore for a free consultation today. If you want peace of mind knowing that your legal matters are in the hands of one of Singapore’s leading law firms, reach out to us now.

 

Frequently Asked Questions About Can You Use The Same Lawyer In A Divorce

Who Pays The Legal Bill When Sharing A Divorce Lawyer?

When sharing a divorce lawyer, the legal bill is typically split between both parties. Each spouse usually contributes to the fees based on an agreement reached before hiring the lawyer. It’s essential to have a clear understanding and written agreement on how the costs will be divided to avoid any disputes later on.

Can A Divorce Lawyer Represent Both Parties If They Have Different Interests?

No, a divorce lawyer cannot represent both parties if they have different interests due to potential conflicts of interest. The lawyer’s role is to advocate for the best interests of one client, and representing both parties could compromise their ability to provide impartial advice.

In cases with conflicting interests, each party must have its own legal representation to ensure fair and unbiased representation.

Is It Possible To Switch From Shared To Separate Lawyers During A Divorce?

Yes, it is possible to switch from shared to separate lawyers during a divorce if circumstances change. This might happen if disputes arise or if one party feels their interests are not being adequately represented.

Switching lawyers requires notifying the current lawyer and potentially incurring additional costs for finding new legal representation.

What Should I Consider Before Deciding To Share A Lawyer With My Spouse?

Before deciding to share a lawyer with your spouse, consider whether both parties fully agree on all terms of the divorce. Ensure that the divorce is uncontested and straightforward, as shared representation is only feasible in such cases.

Also, evaluate whether both parties are comfortable with the arrangement and understand that the lawyer will not provide individual legal advice or advocate for conflicting interests.

About the author

About the author

Tembusu Law

Jonathan is the Founder and Managing Director of Tembusu Law. He is also the founder of LawGuide Singapore, a prominent legaltech startup which successfully created and launched Singapore’s first legal chatbot in 2017.

LET'S TALK

We'll always make time for you. Tell us what's on your mind and we'll find a way to help.