LAWYERS AND DIVORCE BY MUTUAL AGREEMENT

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 at Martinez & Caballero Abogados we find that we have to process a mutually agreed divorce, in which we represent both parties at the same time, we manage this type of case with the utmost rigor and neutrality. These are very delicate processes for the parties and lawyers play a fundamental role.

Anna Nicolàs Torán

Lawyer Family Law Department of Martinez & Caballero Abogados