Can My Spouse and I Use the Same Lawyer to Save on Legal Fees in Ontario?
When a couple is going through a separation or divorce, or drafting a cohabitation or marriage agreement, it’s completely natural to want to minimize stress, time, and of course, legal fees. So it’s no surprise we often get this question:
"Can’t my spouse and I just use the same lawyer?"
It's a fair question. You’re trying to keep things amicable and efficient. But here’s the straight-up answer:
No, in most cases, you can’t, and shouldn’t, use the same lawyer.
Let’s unpack why.
Why You (Usually) Can’t Share a Lawyer in Family Law
In Ontario (and pretty much anywhere in Canada), lawyers have a duty to avoid conflicts of interest. That means they can’t represent both people in a dispute or negotiation when their interests might differ. In family law, interests almost always differ.
Even in a friendly separation, you and your spouse may have different views on parenting time, property division, or support payments. One lawyer can’t give legal advice that protects both sides when their goals don’t fully align.
It would be like asking a referee to coach both teams at the same time.
What If We're On the Same Page?
Even if everything is amicable and you’ve agreed in principle on the key points, you each need independent legal advice (ILA) to make any agreement binding.
Why? Because the law wants to make sure:
You both understand the legal consequences of what you’re signing;
You aren’t being pressured into it;
The deal is fair and enforceable.
So, even if one lawyer drafts your agreement, your spouse still needs their own lawyer to review it and confirm they understand and accept it. That’s the only way to protect both of you and make sure the agreement stands up if challenged later.
Are There Any Exceptions?
There are a couple of scenarios where a lawyer may work with both parties in a limited, non-adversarial role, but with very clear boundaries:
Collaborative Family Law: This is a process where each spouse has their own specially trained collaborative lawyer, and everyone agrees not to go to court. Lawyers work together (with neutral professionals) to help you reach a resolution.
Mediation (with legal support): A mediator, who is often a lawyer, can help facilitate discussion and settlement. But a mediator doesn’t give legal advice to either party. You each still need ILA from two separate lawyers before finalizing any deal.
In short: even when you’re working together, each of you still needs someone in your corner.
What If We Just Want to Split the Cost?
We get that hiring two lawyers feels more expensive. But here’s the thing: not doing it right the first time can cost you far more down the road in legal fees, emotional stress, and court battles.
The good news? A good family lawyer can help streamline the process, keep costs down, and refer your spouse to trusted professionals who offer unbundled or cost-effective advice.
Think of it as an investment in peace of mind.
Final Takeaway
Can you share a lawyer? No, not in the traditional sense.
Should you both get legal advice? Absolutely.
It’s not about creating conflict, it’s about making sure both parties are treated fairly and the deal you strike now holds up years from now.
At Passageway Law, we work with individuals and families navigating separation, cohabitation, and everything in between — with honesty, practicality, and zero judgment. If you and your spouse are committed to working things out amicably, we’re here to help guide you through the process (and keep things calm, clear, and cost-effective).
Disclaimer: This blog is for information purposes only and does not constitute legal advice. If you’re going through a separation or planning to enter into an agreement with your partner, speak to a family lawyer about your specific situation.