How Can We Do What Solicitors & Mediators Can’t? (& Why Do We Do It?)
Options are great. When it comes to restructuring your family unit after divorce or separation, and dividing up your finances, it is so important to choose the route that feels right for you.
But sometimes options can be confusing. Particularly when there are numerous professionals, with different labels and conflicting processes to contend with.
Much of what we offer at our Introductory Sessions, alongside analysing the issues in each couple’s particular situation, is explaining what is available out there and how we differ. So we thought it might be helpful to summarise it in a short blog.
What is it, exactly, that The Divorce Surgery offers which no one else does?
We enable separating couples to share one lawyer. That lawyer, a barrister, will advise both parties, impartially, as to what a Family Judge would consider to be a fair outcome in their circumstances.
This service is called One Couple One Lawyer. It is offered in many other European countries but we are the first people to bring it to England and Wales.
Why can’t solicitors and mediators offer One Couple One Lawyer?
Solicitors can only advise one spouse or the other, they cannot advise a separating or divorcing couple together. The reason for that is they are prevented from doing so by their professional conflict rules.
Barristers, on the other hand, have different conflict rules and are able to advise a couple together. The Divorce Surgery, and all the barristers we work with, are regulated by the Bar Standards Board.
Mediators can see couples together, and help them negotiate, but cannot give legal advice. So in many ways we offer the opposite of mediation – we see you together but give you specific legal advice as to what we believe is the fair solution, and why.
Why do we offer One Couple One Lawyer?
Before Harry and I started The Divorce Surgery, we both worked as family law barristers in private practice at 4 Paper Buildings, the largest family law chambers in the country. We were each representing either husbands or wives in traditional two-sided litigation. To be blunt, we had busy private practices with no need to do anything differently.
So why did we? The answer is that when you work day in and day out with separating couples you see how inefficient, divisive and expensive the two-sided adversarial model has become. When, 6 years ago, I discovered that One Couple One Lawyer was a service that not only existed in other countries but that we could bring it here, I knew I had to do it. Harry felt the same.
We wanted couples to have the option of a completely different experience. One that focusses on where they need to get to from day one- a fair outcome for them both and their family. Reshaping a family unit and dividing up finances involves important decisions, and deserves proper expertise. But the process of getting legal advice should not create conflict, or drive you further apart.
Our One Couple One Lawyer process starts couples off adopting the frame of mind they’ll need for the long term- working collaboratively to reach a fair outcome for everyone.
That’s why we’re so proud to do what we do.
If you have more questions about this topic or any other legal issues arising on divorce or separation, please do get in touch as we are always happy to help. You can call us on 0203 488 4475 or email us at contact@thedivorcesurgery.co.
Author Name: Editor
Published content by The Divorce Surgery Editorial Team.
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