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I am in the process of a divorce. My spouse's solicitor has offered to change the divorce petition from unreasonable behaviour to 2 years separation if I agree to pay both the court fees and my spouse's legal fees (i.e. before the solicitor's costs have been incurred). I am not unhappy to make this gesture but wonder how ethical this is? It seems to me that if I pay my spouse's solicitor's fees that I am encouraging further, and potentially unnecessary, legal activity that may not benefit either my spouse or myself What is your view please, and how would you advice me to respond to this request?
For Aston Lawyer..
Yes - separated for over two years
Sorry, I thought the 2 year separation was implicit in my question, and is not really relevant to my question - my question was one of ethics and your advice on how to respond to this request?
Thankyou for your response and your advice - my question was about the ethics of paying, in advance, my spouse's solicitors fees. i.e "I am not unhappy to make this gesture but wonder how ethical this is? It seems to me that if I pay my spouse's solicitor's fees that I am encouraging further, and potentially unnecessary, legal activity that may not benefit either my spouse or myself"?
May I have an ethics view on this please
Your original answer was "Anyway, as regards XXXXX XXXXX it is not unheard of for one party to pay the other's legal costs, so there is no harm in you agreeing to this"
Many thanks - Alex
For Aston Lawyer
Thankyou for your reply - I think we are getting there, and appreciate your views - if I am the opponent (adversary), which is implicit in my question, does this feel ethical that I am being asked to pay for my spouse's solicitors fees, and before that service is provided? - i.e. does the proposal align with the SRA, Solicitors Regulatory Authority, as a reasonable and professional practice - it is just that this feels like a 'sharp practice', and one which does not feel ethically justifiable - it's like the hang man asking the condemned to pay for the rope?
I welcome your thoughts - Alex