Is a Divorce Lawyer Necessary?

Whether peaceful or unpleasant, divorce can be a difficult part of life. With tensions and emotions running high, the process is often complicated. When children are involved, these complications escalate - and understandably so. A common question that arises when couples consider divorce is whether a lawyer is really necessary. This is especially common among couples who feel that they agree on everything, and believe there are no negotiations to be done.
The truth is, hiring a divorce lawyer is essential, even for those who have discussed how they want things to play out with their ex-partners. For your divorce proceedings to occur with as little stress as possible, finding a divorce lawyer Surrey residents trust can make all the difference. Legal representatives are there to ensure that you’re not taken by surprise some day in the future, and that your proceedings are carried out the way they should be. While it is great for spouses to be in agreement regarding the terms of their divorce, an attorney will be an important part of covering all bases, and making sure that nothing is forgotten.

Issues you may have overlooked

Your Home

Many spouses believe that negotiating the marital home is simple. You sell the house, and split the profits halfway, right? But what happens to the taxes and the insurance when you put the house on the market? And if there are major repairs to be done, who takes care of that? These, and many other considerations, can be navigated with the help of a divorce lawyer Surrey and beyond.


It may be that each person has decided to settle their own debts, but you’ll also need to think about joint debt. There is also the possibility of one spouse filing for bankruptcy after the divorce has occurred, in which case there is still the chance of creditors holding the other spouse liable. In some instances, one spouse is not aware of all the debt that their partner has accrued over the years, so you may not always have the full picture.

Marital Settlement Agreement

Obtaining a divorce also requires specific legal documents. Having a family lawyer Surrey is beneficial, as they will be able to ensure that these are properly drafted. They’ll also help you fully understand the agreement, get to the right court, and present the correct paperwork to the judge.

Can we use the same lawyer?

Even with the most peaceful divorce, both parties are looked upon as opposing sides in the courtroom. No matter how much you agree on things, having one lawyer simply won’t work. A family lawyer Surrey cannot represent both of you, as this is considered a conflict of interest. Even if it were allowed, it would be highly inadvisable, because if there were ever a serious conflict, it would put both you and your attorney in a rather tricky situation. Since they are meant to protect the interests of their clients, it would be impossible to represent either of you fairly. This is the exact reason the court cannot accept it.

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