Section 4.7 Independent Counsel

• Library: Family Law Deskbook and 2014 Supp

a. (§4.7) Independent Counsel

There is no statutory law or caselaw requiring that each party be represented by separate counsel. But
it would be a breach of professional responsibility for the practitioner to advise both prospective spouses to the agreement. Good practice dictates that counsel only represent one party and that the other party have separate, independent counsel. When approached by a client concerning these agreements, the best approach is to advise them of the need for independent legal counsel for the other party. The existence of counsel for...