Lawyers and Divorce by Mutual Consent

Abogado llevando un divorcio de mutuo acuerdo
What role do Lawyers have in a mutually agreed divorce process when we take both parties at the same time?

In mutually agreed divorce proceedings we find ourselves with a couple who wants to dissolve the bond that unites them, with all the effects and consequences that this produces. To carry out this procedure, the figure of a lawyer is necessary. One lawyer or two?

In practice, it may be the case that there are two lawyers, one representing each party, or a lawyer representing both parties at the same time. This last case is more frequent than we think. What are the reasons? Faster, easier and cheaper.

In these cases, lawyers play a completely neutral role. We do not position ourselves in favor of the interests of either party, but rather we look after both parties. We always show them the pros and cons of each decision or each point that we are going to discuss.

Likewise, any contact we have with one of the parties, we are immediately obliged to inform the other. That is why, in the event that we have to outline the bases of the effects of the divorce, all the meetings that take place in the office must be held in the presence of both.

For all these reasons, when we at Martinez Caballero Abogados find ourselves handling a divorce by mutual agreement—in which we represent both parties at the same time—we handle these types of cases with the utmost rigor and neutrality. These are very sensitive processes for the parties involved, and we attorneys play a fundamental role.

Anna Nicolàs Torán

Attorney in the Family Law Department at Martinez Caballero Abogados

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