Barrister ABS ‘divorce surgery’ is first to enable separating couples to use same lawyer
updated on 21 May 2018
A new alternative business structure (ABS) created by two family law barristers is believed to be the first service to allow divorcing couples to use the same lawyer.
The Divorce Surgery was launched last week by two barristers at 4 Paper Buildings, Samantha Woodham and Harry Gates, with the help of a non-lawyer investor which is the reason for the service being licensed as an ABS.
The new service aims to fill a gap in the market. As Legal Futures reports, solicitors are not permitted to advise both sides in a divorce, whereas mediators cannot provide legal advice. As barristers, Woodham and Gates are able to advise both sides, as long as they do not go on to represent either party in a subsequent legal matter. The aim is to cater for separating couples who do not want the process to be adversarial.
Speaking about her new venture, Woodham commented: “Divorce is often the biggest surrender of assets anyone will make, so most people want to know what is likely to happen. My concern is that the options for people at the moment are trying to figure out what to do themselves in a legal advice vacuum, going to mediators who cannot give legal advice or going to their own solicitors – which makes the process adversarial from day one.
“Solicitors discourage clients from sharing advice, so the couple will not be communicating about future outcomes and it is very difficult for lawyers to predict the outcome when they have only heard one side of the story. Our adversarial system is forcing families into a process that can make things worse. Seeing us means they will be armed with the information they need at the earliest possible stage in a civilised, dignified way. They can then, if they want, go to their own solicitor or mediator, or do it themselves, from a stronger, more informed position.”
