Yet another request from a prospective client last week to draw up a separation agreement.  She said she and her husband had agreed on everything and they just needed a solicitor to draft a separation agreement.

I explained that I could not advise both of them – there was an intrinsic conflict of interest.

It turned out that there had not been any financial disclosure, which is a prerequisite for a separation agreement.  Each party needed independent legal advice – which could not be given until there was full financial disclosure.

Actually, it sounded as if they did not need a separation agreement at all.  They were already getting divorced.  What they needed was a financial court order by consent.