Spouse Going Lawyer to Lawyer to Eliminate Who Can Represent Me

Your spouse going from lawyer to lawyer is one of the old tricks in the family law game. It is an ugly reality of some family law cases, where one person tries to reduce your chances of having good legal representation. This usually happens in high net worth divorce cases where there is a disparity in financial situations. Your spouse may call all the law firms in your area and have a consultation with a lawyer at those firms. This will force those firms to turn down the opportunity to meet with you due to a conflict of interest.

What Does Spouse Going from Lawyer to Lawyer Mean for your Family Law Case?

Under British Columbia law and in most circumstances, one lawyer is not allowed to give advice or represent both spouses. This is because in family law cases, interests are often the opposite of one another. So providing advice to two people with conflicting positions creates a situation called a conflict of interest.

 So if your spouse has already seen a lawyer and you want that lawyer to represent you, that lawyer will have no choice but to decline to speak with you due to conflict of interest. Lawyers who have acted in conflict of interest in the past have been disciplined by the Law Society of British Columbia. So it is something we all try to avoid like the plague.

What Should I Do to Secure A Good Lawyer for My Family Law Case?

When talks of separation happen or your marital issues take a turn for worse, it is always recommended that you at least have a consultation with your lawyer of choice so that you know what you need to do in case there is a separation.  Acting early in obtaining legal advice often means you avoid conflict of interest situations or your spouse going from lawyer to lawyer to ‘conflict you out’.

So act fast. Just as many couples think of counselling when they have marital problems, try to be mindful of speaking with a lawyer if you think things are going south.

It is always better to prevent issues from happening than find yourself having to remedy a problem that has already occurred.

What Can a Family Lawyer in Vancouver or BC Help me With?

Generally, a family lawyer can help you with:

• Your legal rights before and after cohabitation;
• Your legal rights before or after marriage;
• Drafting cohabitation agreements, marriage agreements or separation agreements;
• Your strategy for separation if separation is pending. This can be an amicable talk with your spouse, whether you need to stay or leave the family home, how to deal or take care of children prior to or after separation, etc;
• Your rights and obligations after separation;
• Settlement and negotiation of your marital issues including support, custody or parenting time with children, division of assets and debts, document disclosure, temporary orders or agreements, etc;
• Advocating on your behalf at family law meditations or arbitrations;
• Advocating for you at a court hearing or your family law trial; and
• And a host of other services catered to your specific situation.

How do I Prepare for My First Meeting with a Lawyer?

 There are some things that you can do to prepare for your first meeting with a lawyer. Here is a quick bullet point list of items you will want to discuss and some ideas to mentally work out before your consultation:

• Get enough sleep the day before
• Take the day off if you feel stressed or anxious
• Get support from friends or family if you need it
• Create a list of what you want to talk about
• Create a list of your questions
• Bring any important documents that your lawyer has requested
• Fill out any consultation forms so that the lawyer can review your case before you walk in for the meeting. This will make the meeting more efficient and time-effective.

Can My Spouse Pay for My Divorce Lawyer in Vancouver or BC?

Yes, in many situations one spouse will not have enough funds to pay for legal advice or a lawyer. Given that independent legal advice is vital to any family law agreement, your ex may offer to pay for your legal fees in obtaining independent legal advice or a lawyer.

Please note however that in almost all situations, you and your ex can not share a family law attorney in Vancouver or BC, which is why seeking legal advice quickly leaves you with options. A divorce lawyer who is representing your spouse can’t serve both people’s interests. Though some choose to represent themselves, it is safest to find a lawyer you trust who will represent your intentions and protect your assets. When you start negotiations with your spouse, you want to have a lawyer whose top priority is you.

Common-Law Separation BC – How to Prove?

Common-law relationships are not always easy to prove, especially when one spouse disputes that you were ever common law. This is because if you were never common law, you will have no rights under the law to spousal support or property in BC.

We did a fantastic blog on how to prove a common-law relationship.

How Can I Legally Separate Without a Lawyer and Do I Need a Lawyer?

You are free to separate from your partner at any time. There is no such thing as a ‘legal separation’ in Canada. Separation is separation. You do not need a legal stamp to formalize it. You do however need court approval to legalize divorce.

Even if not married, legalizing a separation agreement is wise to protect any assets you need to split. A separation agreement is a contract that addresses matters without needing to appear in court. After entering into a separation agreement, you can file the agreement with the courts.

It is possible to file a separation agreement yourself, but you will still be considered married. If you already have a separation agreement, you can apply for a simple desk order divorce through the Courts.

What Happens if My Spouse Has a Lawyer and I Don’t?

 It simply means one spouse has independent legal advice and expertise on his or her side as he or she negotiates a divorce, and the other one does not. It is unfortunate not to have a lawyer on your side to negotiate for you or protect your rights when your ex has that advantage.

One way of getting enough funds to obtain your own lawyer in divorce is to ask for something called an interim advance or an Order under s.89 of the Family Law Act. This means you would apply to the court to sell an asset or obtain funds from your ex to be able to afford a lawyer. More on that, here.

Is Your Spouse Going Lawyer to Lawyer to Limit Your Representation Options? Contact YLaw

 At YLaw, we’ve created a team of lawyers dedicated to helping you achieve your goals. As one of the top Canadian Award-Winning and Trusted Family Law Firms, we work with you, and our team of lawyers to navigate your divorce. If your partner is limiting your choice of representation, know that we have the experience and dedication to help support you. Both separation and divorce can be hard to navigate but know our team is here to guide you safely and swiftly through the legal necessities.

Contact our office for more information about our team by calling 604-974-9529 or get in touch.