Getting separation advice…separately

Like me, you may have found a few hours escapism at the end of the damp, locked down, Scottish summer by admiring the amazing houses and views on the Netflix show Selling Sunset – although the inter-office relationships were not always quite so inspiring! Unlike me, you probably didn’t find yourself watching each episode with a dropping jaw at the never-ending stream of conflicts of interest that seemed to arise in the office on a daily basis.

This is something which we are often asked about as Family solicitors. It’s always positive when clients manage to agree amicably between themselves how they wish to deal with their separation, but this often leads to the question “can’t you just act for both of us”? The same question is often asked when we are drafting pre-nuptial agreements and both parties are agreed about the nature and extent of the terms.

The answer is, that we, as a firm, can’t, even if both parties are represented by different solicitors or offices. It is a fundamental requirement that all clients have the opportunity to have independent legal advice, and we would be breaching Law Society of Scotland rules if we were to give advice to both parties. This is for good reason – our duty to our clients is to give advice best placed to protect their interests, and there may be circumstances when the advice to each client would be in direct conflict with each other.

Please trust that if you find yourself in a situation where you need advice from one of our experienced family law solicitors then we are tailoring that advice to ensure your interests are best protected, and you are in the best possible position in negotiations.

As always, getting good advice is essential. The Drummond Miller family law team is extremely experienced in dealing with all aspects of family law including separation, divorce, and child-related matters. If you would like any further information or advice, please get in touch with our experienced solicitors in Edinburgh, Dalkeith, Musselburgh or Bathgate. Whilst our offices are currently closed to clients, we are able to speak to you via telephone or video call.