QLD Will Friend's Wife Have the Advantage in a Divorce?

[Forabuddy]

Hi.

A friend of ours dropped a bombshell on us the other week while we were out. He told us he wants a divorce. But what he is worried about is that his wife works for a law firm, in admin or something I think he said. He is worried that she will have the upper hand and have a big party of lawyers on her side from her firm. Then one other said that she can't use her own firm and must look outside of her firm for repasentaion.

Is this true? Would she have any advantage at all? I believe she still has to play by the rules like everyone else and is only intitaled to half, etc

Thank you

 

[Lance]

Hi,

Unless there is some sort of conflict that may give your friends wife an advantage I don't believe there is anything stopping her being represented by someone at her firm. It doesn't give her any real advantage except cheap legal representation. If the lawyer representing her also knows your friend he may be able to raise a conflict but again I don't know how that would benefit his wife.

As far as the split of assets and liability its a matter of how long is a piece of string. A lot of different factors will be used to determine the split. I would suggest your friend speaks with a lawyer to best protect his interests.

 

[Wendy eve]

What does it mean if the application is undefended?

 

[Forabuddy]

Hi,
Unless there is some sort of conflict that may give your friends wife an advantage I don't believe there is anything stopping her being represented by someone at her firm. It doesn't give her any real advantage except cheap legal representation. If the lawyer representing her also knows your friend he may be able to raise a conflict but again I don't know how that would benefit his wife. As far as the split of assets and liability its a matter of how long is a piece of string. A lot of different factors will be used to determine the split. I would suggest your friend speaks with a lawyer to best protect his interests.

Thank you for your reply. I'm not sure if he knows anyone she works with. They have been together for 5 years. One thing I did find strange was when they bought a house together a year ago, she had it all written up and got him to sign some paper work...he didn't check to see what it was, turns out he signed something that puts the house in her name only! What kind of wife does that??

 

[Rod]

he didn't check to see what it was,

While love is supposed to be blind, it doesn't mean not reading what you are signing!

He needs a lawyer to read what he signed to work out what is now likely to happen in a property split. Just having a house in one party's name doesn't mean much at court. Other factors will be more important and that is what a lawyer will look at.

 

[Lennon]

Unless the firm she works for has previously represented him, there is no reason why they couldn't represent her.

Having said that, in my experience it would be very unusual for a law firm to represent one of its junior employees. All sorts of issues could arise in relation to the employment relationship and so forth if they did. And it would be rare as hens' teeth that they would act for an employee for free (or even for a significantly reduced rate).

 

[Blessing]

What does it mean if the application is undefended?

it means that the respondent did not file a response to the application.