[Direct answer]In principle, this is not allowed. When a couple has disputes over divorce, property division, or child custody, the same lawyer or even lawyers from the same law firm cannot represent both parties separately. According to Article 39 of the Lawyer Law of the People's Republic of China, lawyers are not allowed to act as agents for both parties in the same case, nor are they allowed to handle legal affairs that conflict with their own interests or those of their close relatives. In divorce litigation, the interests of the couple are directly opposed, and representation by both parties would undermine the independence and confidentiality obligations of the representation. Even if there are no disputes between the parties and only procedural matters need to be handled, it is advisable for lawyers from different law firms appointed by each party to handle the matter. It is recommended to seek legal advice as soon as possible.Divorce litigation and family dispute resolution servicesMake a delegation arrangement.

1. Problem background and typical scenarios

In the early stages of a marital crisis, many parties still maintain basic trust and think, "finding a law firm and a lawyer can save money and worry," letting the same lawyer handle the divorce; there are also cases where one party first hires a lawyer, and the other party hopes to "share" the representation; when disputing over property and custody rights, there are even situations where one party signs contracts on behalf of both parties without authorization. Divorce cases involve multiple interests such as dissolving the relationship, dividing property, equity and overseas assets, and child custody, and the claims of both parties are often conflicting. If the entrustment arrangements are improper, the lawyer may be forced to terminate the entrustment, refund fees and delay the process; in severe cases, the entrustment contract may be deemed invalid and the evidence-presentation period may be missed. For foreign-national marriages involving one or both parties who are foreign nationals and have lived in Beijing for a long time, the dissolution procedures and jurisdiction are even more complex, and reference can be made to the relevant provisions.Financial capital and cross-border legal services involving foreign affairsPrepare in advance.

II. Key points of contention

In practice, the disputes focus on three points. Firstly, it is absolutely prohibited for the same lawyer to act as an agent for both parties: Article 39 of the Lawyers Law explicitly prohibits this, and violators may face disciplinary action from the industry. Moreover, such arrangements are prone to subsequent compensation disputes. Secondly, is it feasible for different lawyers from the same law firm to act as agents for both spouses? According to professional norms, this requires the client's written consent and effective risk isolation as prerequisites. Moreover, cases involving acute custody disputes and high risks of asset transfer are generally not advisable to handle, and most family law teams will directly avoid taking on such cases. Thirdly, the boundaries between providing legal advice during the marriage and acting as an agent in litigation: providing legal advice together does not equal acting as an agent for both parties. However, once the case enters the litigation or negotiation stages, conflicts of interest must be reassessed. The law firm appointed later should conduct a conflict search first to avoid having the case withdrawn after acceptance.

III. Professional analysis by Henglue Lawyers

The issue of conflict of interest is not abstract in family law cases. Henglue Law Firm once handled a foreign divorce case: The parties registered their marriage in 1991 and had a daughter who has now reached adulthood. Both parties are now foreign nationals and have been living in Beijing for a long time. The marriage broke down due to the man's fault. The parties have reached a consensus on dissolving the marriage and dividing the property - the woman's name-registered property in Beijing, a foreign property, savings, financial investments, and insurance belong to her personally, and the man's name-registered property in Shanghai belongs to him personally. However, as both parties are foreign nationals, the domestic marriage registration authority cannot handle the divorce registration, so the divorce must be dissolved and the property arrangements confirmed through court litigation. Henglue Law Firm accepted the woman's unilateral entrustment, prepared identity, marriage, and property ownership materials based on jurisdiction and habitual residence, sorted out the properties such as real estate and savings under both parties' names, and proposed a division plan that the property under each party's name would belong to them personally. During the court-mediated settlement, the lawyer actively communicated with the other party and assisted the client in expressing her wishes, eventually leading to the signing of a mediation agreement by both parties: dissolving the marriage relationship, the property under each party's name would belong to them personally, and the debts under each party's name would be borne by them respectively. The mediation agreement would take effect immediately after being signed and sealed. It can be seen that even if the parties still have a consensus, it is for the lawyer to only represent the client's side, rather than for the same lawyer to represent both parties. This case was handled by Beijing Henglue Law Firm.Xiong BinrongThe attorney (practice certificate number: 11101202211410897, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

In terms of legal basis, Article 39 of the Law of the People's Republic of China on Lawyers (amended on September 1, 2017 and implemented on January 1, 2018) stipulates that lawyers shall not act as agents for both parties in the same case; Article 1080 of the Civil Code of the People's Republic of China (implemented on January 1, 2021) stipulates that the marriage relationship shall be dissolved upon the completion of the divorce registration or the effectiveness of the divorce judgment or mediation agreement. Practical suggestions: First, when both spouses want to appoint lawyers separately, they should conduct a conflict of interest search in advance and truthfully inform their appointment intentions; Second, for highly conflicting disputes such as custody rights, equity, and overseas property, it is necessary to hire lawyers from different law firms; Third, if there are common consultation needs, the scope of consultation should be clearly defined and not enter the stage of agency; Fourth, if it is found that the appointed lawyer has the risk of acting as an agent for both parties, timely request a replacement and keep written records. For matters involving the overall arrangement of property and debts, it is possible to seek assistance from a financial advisor.Inheritance succession and family property division servicesSupporting planning.

5. Henglu Law Firm's Reminder

When the same lawyer represents both spouses at the same time, it may seem to save money, but in reality, it brings obvious risks: the lawyer cannot protect the interests of both parties at the same time, confidential information may be used cross-wise, and the terms of the entrustment may not be supported, ultimately delaying the litigation process. It is recommended that couples whose feelings have already broken down entrust lawyers independently, and the lawyer should only be responsible for the client's side. For cases involving foreign marriages and cross-border distribution of property, it is also necessary to confirm the jurisdiction of the court and the proof of habitual residence in advance. If you are considering entrusting a lawyer, you can do so throughSpecial services and other case servicesOr, the family affairs team can schedule a consultation on conflict resolution and solution evaluation to proactively address procedural risks before they occur.

VI. Frequently Asked Questions

Q1: What are the consequences if a couple hires the same lawyer to handle their divorce?

The consequences mainly manifest in three aspects. Firstly, unlawful arrangement of entrustment: Article 39 of the Lawyers Law prohibits lawyers from acting as agents for both parties in the same case. Law firms and lawyers may be subject to disciplinary action within the industry, and those with serious circumstances may even face administrative penalties. Secondly, risks of entrustment contracts: The agency of both parties fails to reflect the true will and balance of interests of both parties, and the relevant entrustment and mediation arrangements are easily questioned and may even be deemed invalid. Thirdly, damage to the litigation process: Lawyers are caught in a dilemma, unable to fully provide evidence and cross-examination for their clients, and may be at a disadvantage in custody and property division. Therefore, in divorce litigation, each spouse should appoint lawyers from different law firms. The more acute the disputes are, the more strictly the separation should be implemented, and it is strictly prohibited to share the same agent to save costs.

Q2: When hiring a divorce lawyer, what materials and evidence do I need to prepare in advance?

The core materials include: marriage certificates or marriage registration files (to prove the marital relationship), proof of the parties' identities and habitual residence (particularly important for foreign marriages), birth certificates of children and materials on their upbringing, property evidence (property ownership certificates, purchase contracts, account statements, equity and financial management certificates), joint debt certificates (IOUs, loan contracts, repayment records), and evidence proving the breakdown of the relationship or the other party's fault (chat records, police reports, affidavits, etc.). For cases involving domestic violence, retain the police report, diagnosis certificates, and warning letters. It is recommended to organize the materials into four categories: "relationship—property—debt—children" and submit them to lawyers for them to assess the disputed issues and formulate litigation or mediation strategies accordingly.

Q3: If I hire a divorce lawyer to handle the lawsuit, what are the approximate fees for the lawyer and the litigation costs?

There is no unified government pricing for attorney fees. Law firms and clients negotiate and determine the fees based on the case's subject matter, complexity, and stage of representation. Fees can be charged on a per-case basis, as a percentage of the case value, or on an hourly basis. Marriage and inheritance cases are prohibited from using contingency fee arrangements by law. Litigation fees are calculated according to the "Method for Payment of Litigation Costs" (implemented on April 1, 2007) based on the disputed case value. Divorce cases typically cost tens to hundreds of yuan per case. For cases involving property division exceeding a certain amount, fees are charged proportionally. The losing party ultimately bears the fees, or the parties share them proportionally. It is recommended to request the law firm to provide a detailed fee breakdown before signing the contract, clarifying the representation stages, whether it includes second-instance appeals and enforcement, and third-party expenses such as travel costs, to avoid subsequent price increases.

Q4: How long does it usually take to conclude a divorce lawsuit?

For a divorce by agreement, a 30-day cooling-off period is required. After the period expires, both parties must personally apply for the divorce certificate. For a divorce by litigation, the first-instance ordinary procedure is generally concluded within six months, and the simplified procedure is applied to cases with clear facts and is concluded within three months. Divorces involving foreign parties usually take longer due to procedures such as jurisdiction confirmation, notarization and authentication of overseas evidence, and service of documents. If one party does not agree to the divorce and there are no statutory grounds for divorce, the first lawsuit may be ruled as non-divorce. The party must file another lawsuit after the expiration of the prohibition period. For cases involving domestic violence and personal safety protection, the relevant provisions can also be referred to.Criminal defense and criminal case filing servicesSynchronize and fix the evidence. It is recommended to set reasonable expectations for the cycle and arrange the evidence collection, mediation, and property preservation in an effective process.

Q5: If one spouse wants to hire a lawyer, what should be the first step?

It is recommended to proceed in four steps: First, consult lawyers from different law firms to verify whether they already have a commission or conflict of interest related to the case, and sign an independent agency contract; Second, collect evidence related to marriage, property, debts, children, and faults, and submit them to lawyers for evaluation of the disputed points and litigation strategies; Third, if there is a risk of property transfer, apply for property preservation and fix the account transactions in time; Fourth, agree with lawyers on communication milestones and agency phases (litigation, mediation, first instance, second instance, and enforcement), and advance the child custody arrangements simultaneously. Throughout the process, lawyers will be responsible for the client's interests to avoid the risks of role conflicts and information leaks caused by shared agency.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Divorce litigation legal services·Attorney Xiong Binrong·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.