Can Both Spouses Use the Same Divorce Lawyer in Ontario?
Understanding the Role of a Divorce Lawyer in Ontario
❖ Duty of Loyalty and Confidentiality
A divorce lawyer cannot represent both spouses in a contested or even potentially adversarial divorce. Doing so would create a conflict of interest, as the lawyer would be unable to fully advocate for one party without compromising their duty to the other. Even in amicable divorces, unexpected disagreements about finances, parenting time, or property can arise, putting the lawyer in a compromised position.
❖ Legal Advice vs. Legal Information
It’s important to distinguish between legal advice and legal information.
- A divorce lawyer provides legal advice tailored to one client’s best interests.
- In contrast, legal information is general guidance that can be given without forming a lawyer–client relationship.
A divorce lawyer can only give legal advice to one spouse. If both spouses seek to “use the same lawyer,” that lawyer may only provide general legal information to the non-client spouse, without advocating for them or protecting their rights.
❖ How This Affects Shared Representation
In most cases, shared legal representation is not permitted. However, couples in Toronto pursuing an uncontested divorce may choose a different route. One spouse may hire a Toronto divorce lawyer to prepare and file the paperwork. The other spouse, while not formally represented, can review and sign the documents—but they are encouraged to seek independent legal advice (ILA) before doing so.
Can One Divorce Lawyer Represent Both Spouses in Toronto?
In most situations, one divorce lawyer cannot represent both spouses in a divorce proceeding in Toronto. This restriction is rooted in the Rules of Professional Conduct established by the Law Society of Ontario, which prohibit lawyers from acting where a conflict of interest may arise.
❖ Why Shared Representation Is Generally Prohibited
A divorce lawyer is ethically obligated to:
- Provide loyal and undivided representation to their client,
- Maintain confidentiality of all communications,
- Avoid any situation where their judgment could be compromised by competing interests.
When two spouses are involved in dissolving their marriage, even in seemingly amicable situations, there is a risk that their interests will diverge—particularly in areas such as property division, spousal support, and parenting arrangements. If a lawyer were to represent both parties, it would be nearly impossible to act in the best interest of each client without breaching their professional obligations.
❖ Limited Exceptions with Full Disclosure
There are very narrow exceptions under Ontario’s ethical guidelines where a lawyer might act for both parties:
- The matter must be non-contentious, such as drafting a joint divorce application or preparing an agreement based on terms already decided by the spouses.
- Both spouses must give informed consent after full disclosure of the risks.
- The lawyer must believe that no conflict of interest exists and that it is possible to represent both parties fairly.
Even in such cases, if any conflict emerges—no matter how minor—the lawyer must immediately cease acting for both spouses and may have to withdraw entirely from the case.
❖ Best Practice: Seek Independent Legal Advice
Because of these limitations, most family law professionals in Toronto recommend that each spouse retains their own divorce lawyer to ensure their rights are fully protected. This is particularly crucial in high-asset divorces, complex parenting disputes, or any situation where one spouse may be at a legal or financial disadvantage.
When Is Joint Representation Possible (and Legal)?
In Ontario, joint representation in a divorce is extremely rare and permitted only under strict conditions. The Law Society of Ontario outlines clear rules in its Rules of Professional Conduct, and any deviation from those rules can jeopardize the lawyer’s licence and compromise the legal validity of the process.
❖ Conditions for Permissible Joint Representation
A divorce lawyer in Toronto may act for both spouses only when all of the following conditions are met:
- No conflict of interest exists or is likely to arise.
The lawyer must reasonably believe that the couple’s interests are completely aligned and will remain so throughout the process. - The matter is entirely uncontested.
Both parties must have already agreed on all key issues—such as division of property, parenting arrangements (if applicable), spousal support, and child support—without negotiation or pressure. - Both spouses provide informed, written consent.
The lawyer must disclose the limitations of joint representation and both parties must acknowledge and accept those limitations in writing.
❖ Limitations on Legal Services in Joint Representation
Even when joint representation is permitted, the lawyer is restricted to providing legal information, not legal advice:
- Legal information includes explanations about divorce procedures, forms, and general family law rules.
- Legal advice requires the lawyer to interpret the law in light of a client’s unique circumstances and advocate for their specific interests—which they can only do for one party, not both.
For example, a lawyer can explain what Ontario law says about spousal support, but they cannot advise each spouse on whether the proposed amount is fair or in their best interest.
❖ High Risk of Breakdown
Joint representation is fragile. If even a minor dispute arises, the lawyer must immediately stop representing both parties. In most cases, this means that each spouse must then hire their own lawyer, adding cost and delays to the process.
The Risks of Using the Same Divorce Lawyer
❖ Conflict of Interest if Disagreements Arise
Even in uncontested divorces, disagreements can surface unexpectedly—whether about child custody, division of assets, or support payments. Once a dispute arises, a lawyer representing both parties is immediately caught in a conflict of interest and can no longer continue. This could derail the divorce process and force both spouses to start over with new legal counsel.
❖ Limited Ability to Receive Tailored Legal Advice
A lawyer representing both spouses cannot provide individualised legal advice. This means:
- They cannot advocate for one party’s best interests.
- They cannot assess whether a settlement is fair to one spouse in particular.
- They must remain strictly neutral, limiting the legal protection available to both parties.
This lack of personal advocacy can place one or both spouses at a disadvantage, especially if there’s a power imbalance or unequal knowledge of financial or legal matters.
❖ Perceived Bias or Unfairness
Even if a lawyer maintains neutrality, one spouse may later claim they were misled, pressured, or that the lawyer favoured the other side. This perception of bias can lead to:
- Court challenges over the enforceability of agreements,
- Delays in finalizing the divorce, or
- Formal complaints to the Law Society of Ontario.
Such disputes can be particularly damaging in family law, where trust and transparency are crucial to fair outcomes.
❖ Mandatory Withdrawal if Conflict Develops
Under the Rules of Professional Conduct, if a conflict arises—even partway through the process—the lawyer must withdraw from representing both spouses. This results in:
- Added legal costs for both parties,
- Delays in proceedings, and
- Potential invalidation of any prior agreements or documents.
What Happens If You Try to Use One Lawyer and a Conflict Arises?
Attempting to use the same divorce lawyer may seem like a simple solution at the outset, but it can quickly become problematic if any conflict of interest arises between the spouses—something that’s common even in seemingly amicable divorces.
❖ Mandatory Withdrawal from Representation
According to the Rules of Professional Conduct in Ontario, if a conflict arises during joint representation, the lawyer is legally obligated to cease acting for both clients. This means the lawyer must withdraw entirely from the case, regardless of how much progress has been made.
❖ Both Spouses May Need to Start Over
Once the lawyer withdraws, both spouses may need to hire new, independent lawyers. This can be particularly disruptive if:
- Important documents have already been drafted,
- A court date is approaching, or
- Complex financial disclosures have been exchanged.
The new lawyers will need time to review everything from the beginning, which can significantly increase legal costs and delay the finalization of the divorce.
❖ Delays and Transition Complications
The shift from joint to individual representation introduces logistical and procedural delays, such as:
- Refiling or revising court documents,
- Adjusting strategies now that each party has their own counsel, and
- Rescheduling court dates or mediation sessions.
Additionally, if the prior lawyer had confidential knowledge of both parties’ positions, they cannot share that information with the new lawyers—making the transition even more complicated.
