What is Direct Access Family Law?
Solicitors and Barristers are both lawyers, they are different branches of the same profession. It is very much like the difference between your GP and a consultant. Your GP will always be the first port of call, they will gather all the information and deal with any preliminary issues and then, if need be, refer you on to a specialist.
Barristers are trained advocates and also specialists in their chosen field. Traditionally barristers would have come in to the case at a later stage, after the solicitor has gathered all the information, undertaken initial enquiries and discussion with the other party and issued court proceedings if necessary.
The Public Access Scheme, also known as Direct Access, was introduced in 2004 to allow members of the public to go directly to a barrister without having to see a solicitor first so avoiding having to pay two lawyers. However, not all barristers are Direct Access barristers. To be a Direct Access barrister the barrister would have to have had additional authorisation by The Bar Council on top of being “called to the Bar”. The Direct Access scheme provides you with the ability in instruct a Direct Access barrister at the outset giving you the flexibility to manage your case exactly as you wish.
One of the biggest concerns people have when dealing with the legal issues of relationship breakdown is the cost. Getting the right advice is crucial in ensuring that costs are kept to a minimum. The right lawyer will guide you through the process and ensure that money is spent wisely and only on dealing with issues that are absolutely necessary and have a chance of success.
Most people know someone who has been through a divorce or heard a horror story about how the courts deal with it but the fact is that there are no right answers and no real ‘winners’. Each case is different but there are some key concepts and factors to be taken into account that are essentially the same no matter what your circumstances and reasons for the relationship breakdown.
Having some general advice about your situation at the outset can be invaluable in demystifying the divorce process and in helping you to identify the issues in your case that are relevant. We provide you with a written advice informing you of the legal position, how a court would approach the matter, outlining your options, or lack of options, the strengths and weaknesses in your case and the next steps should you wish to take matters further.
This can enable you to have direct discussions with your spouse or partner to consider possible scenarios that might work in your case and make it much more likely you can reach agreement without the court having to intervene.
We can provide advice about your situation at the outset, or at any stage, in order for you to be able to consider your options and protect your position together with detailed information about the process and possible outcomes.
This way you have a document to be able to digest at your own pace and refer back to it during discussions with your spouse or partner or while mediation sessions are ongoing. We offer this for a fixed fee so you know exactly how much you will be paying at the outset.
If you think court may be unavoidable then maybe a Direct Access barrister could be the was forward.
