FAQ
Important: The FAQs below were written and published before the introduction of the SRA Handbook on 6 October 2011, and may refer to regulatory material that is no longer in effect. Although they may still be relevant, these FAQs have not yet been reviewed in light of the wide-ranging regulatory changes implemented on 6 October. They will be reviewed and updated (or archived) in due course.
I am acting for the wife in a matrimonial matter and the husband is unrepresented, my client has agreed with the husband for the sale of the matrimonial home and wants me to act in the sale. Can I act for both husband and wife on the sale?
Yes, provided you limit the retainer.
While there would be a conflict in acting for both husband and wife in the matrimonial proceedings, there is a substantial common interest in selling the house. Rule 3.02(1)(a) of the Code allows you to act provided you have both parties’ informed consent and can comply with all parts of that rule.
The retainer should be limited to the conveyancing only and not advising on the merits of the sale. It is important that the husband understands this. Both parties will need to agree as to how the sale proceeds are to be divided. However, even with such agreement, bear in mind that if one of the parties subsequently changes instructions, you will not be able to make any payment out of the net proceeds without their joint instructions.