The divorce lawyer is under obligation to act as counsel during the divorce process as prescribed by law. Furthermore, he/she has the fundamental duty to advise the client in connection with all important issues associated with the divorce. Thus, the divorce lawyer not only files the divorce petition but also advises and acts in the interests of the client with respect to the statutory equalisation of pensions, maintenance (maintenance during separation, spousal maintenance and child maintenance), the equalisation of accrued gains, custody, access rights and real estate during the divorce.
Hiring a divorce lawyer also enables the separation and divorce, which are a cause of physical and mental strain for the separated marital partners, to proceed in a business-like manner.
Some couples who want a divorce consider hiring just one lawyer to act for both parties in order to save money. It is true that, in the event of a divorce based on mutual agreement, it is sufficient if just one marital partner has a lawyer acting on their behalf, this lawyer files the divorce petition and the other marital partner agrees to it. However, this ignores the fact that a divorce lawyer only ever acts in the interests of their own client. The marital partner without a lawyer acting on their behalf thus does not have anyone looking after their interests during the divorce proceedings, and the divorce lawyer of the other marital partner is only permitted by law to advise their own client.
As the financial future of each marital partner is decided in the divorce proceedings, it is highly inadvisable to go through a divorce without retaining one’s own divorce lawyer. Money is usually saved at the cost of the partner who does not have a lawyer acting on their behalf.