Q&As

If a firm of solicitors acts for both applicants under the joint application process in the Divorce, Dissolution and Separation Act 2020, can the same firm then act for one of the parties in relation to financial provision, or will there be a conflict of interest?

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Published on: 29 March 2022
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If a Solicitor acts for both parties in filing a joint Application for Divorce, they would then be prevented from acting for either party in subsequent financial remedy proceedings because of a potential conflict of interest even if an agreement is achieved.

The parties would require independent legal advice before such an agreement could be concluded. It is for this

David Salter
David Salter

Solicitor (non-practising)

David Salter has enjoyed a varied career in family law with over 45 years’ experience. He served as National Head of Family Law at Addleshaw Goddard and, subsequently, as Joint National Head of Family Law at Mills & Reeve, retiring in 2018.

From 1997-1999, David was Chairman of Resolution, also acting as the first Chairman of Resolution’s Accreditation Committee. He subsequently became President of the International Academy of Family Lawyers from 2010 to 2012, having previously served as the Academy's European Chapter President.

He has sat in various part-time judicial posts since 1985 sitting regularly as a deputy High Court judge and Recorder in the Family Court until March 2022. He now conducts private financial dispute resolution appointments.

David was one of the original members of the Family Procedure Rules Committee which framed the 2010 Rules, serving a ten-year term from 2004 to 2014.

He is a prolific author on a variety of family topics with an acknowledged expertise in relation to pensions on divorce. He is a contributor to the Family Court Practice (The Red Book), Butterworths Family Law Service, Rayden and Jackson, the International Family Law Practice and LexisPSL Family. 

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United Kingdom
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Solicitor definition
What does Solicitor mean?

A lawyer who is regulated by the Solicitors Regulation Authority.

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