Latest News

Readers Beware

{November 2010}

In a recent case in the Court of Appeal of Lykiardopulo v Lykiardopulo the Court of Appeal has reaffirmed previous decisions which open the Court in divorce proceedings to reporters and the media generally.

Whilst the national media have concentrated on celebrities and the very rich divorces; the provincial media are equally interested in local news.

In this judgement the Court has emphasised that the parties’ individual and personal interests in remaining anonymous will be of little interest to Judges.  The circumstances which are more compelling in granting anonymity will be in respect of protecting any children.

No longer would it be possible for parties, at a final hearing of their divorce, to be in a position to avoid media attention.  Jones Myers has for sometime been at the forefront of mediation and collaborative law solutions.  Both these areas and our negotiation skills often bring about a settlement and agreement without the need for a final Court hearing.  It therefore follows “no Court hearing: no media”.

For any information regarding publicity, or the lack of, it speak in confidence to Peter Jones.

 

Hide and Seek with Assets

{October 2010}

A fundamental requirement in all financial proceedings in divorce is to ensure there is “full and frank” disclosure of assets and income. This is an obligation, which continues throughout the process.

Not surprisingly some spouses do not enter into the spirit of this idea with the expected and appropriate enthusiasm. In the past spouses who were suspicious of their partner have rooted around in dustbins, cabinet and bed side drawers to find hidden bank statements or other financial documents.

The old rules governing “self help” evidence came to be known as the Hildebrand Rules, these issues having been considered in a well known reported case of the same name. With careful introduction and timing of the evidence and ensuring no crime was committed in obtaining the documents the evidence was invariably accepted by the courts.

Now the rules have been turned upside down with a new and perhaps unhelpful decision in the recent case of Imerman.

No longer is it permitted for spouses to invade the confidentiality of the partner’s private affairs. To do so not only incurs the wrath of the court but also may lead to the exclusion of the solicitors who have read any of the documents.

A fraudster’s charter you might think. Only time will tell. Until then great care needs to be taken so as not to fall foul of the procedure and possibly the criminal law. It could prove (some might say unfairly) very costly in more ways than one.

Before embarking on an excursion of self help, speak to our team for guidance.

Radmacher

{September 2010}

The long awaited Court decision on pre-nuptial agreements.

The nations came together in the Supreme Court in London with a German multi millionairess appealing against a decision in favour of her French husband.
The parties had entered into a pre-nuptial agreement in Germany the net result of which was to provide that neither of them would benefit from the capital or income of the other on the termination of the marriage.

The Court sought to achieve fairness.  It considered the background to the agreement.  The parties had signed in Germany and a German legal system would have approved it.  There was no undue influence and both parties had been aware of the implications of the agreement.

In essence what the Court has decided is that effect should be given to the terms of a pre-nuptial agreement when both parties have freely entered into it and they understand the implications; that is unless there is a good reason against doing so.  The ultimate test is whether upholding the agreement will lead to a fair result.

This decision will apply as much to post-nuptial agreements as to pre-nuptial agreements.

Where does that leave everyone?  No longer is there quite the uncertainty that previously existed.  The Court is now more likely to accept pre-nuptial agreements.  Most people will not need a pre-nuptial agreement and most people would not like to enter into one!  However, where there is an imbalance of individual or family wealth it would now be wise to take this precaution in the confident expectation that it will be upheld by the Court if the marriage does come to an end.

Any remaining uncertainty should shortly be removed as the Law Commission is considering this area of the law and is expected to report in 2012.  That report may well lead to fresh legislation in this area.

Jones Myers have been advising and drafting pre-nuptial agreements for many years and have considerable experience in the appropriate and necessary requirements.  The expectation is there will be a steady increase in demand during the next few years as, no doubt, the law will become more certain.

D5

{July 2010}

Jones Myers LLP are delighted to announce they are founder members of D5. This is a new Association of Specialist Family Law Practices located in Leeds, London, Birmingham, Reading, Nottingham and Lincoln.

All the firms remain independent but benefit from providing a nationwide service for clients with Court Hearings in any area of England. The Association also provides  a training program for all Members ensuring everyone remains expertly trained and also develop their individual skills in all areas of family law.   They are all committed to delivering the best possible advice and service.

All the firms have embraced the newer strategies for resolving family difficulties.  In particular Mediation and Collaborative Law which enables clients to remain involved and to be a part of the decision making process.  It is effective and cost efficient.

The firms include some of the most experienced and highly regarded Family Lawyers committed to resolving the most complex issues with a non confrontational approach.

 

Family Law Matters

{May 2010}

Collaborative Family Law

This is a new, and highly successful, approach to resolving issues arising from separation. At the start of the process, clients and their family lawyers agree to resolve their issues and reach a settlement without going to court. Instead, the parties agree to work through family and financial difficulties together.

Each party appoints their own collaboratively trained lawyer at the outset. Here at Jones Myers we have two collaboratively trained lawyers, Richard Peaker and Fiona Kendall - both are committed and experts to this approach.

Clients, and their advisors, then embark on a series of meetings together. The purpose is to identify, address and resolve outstanding issues with the aim of mapping out a fair agreement. If required, other professionals may be invited to attend these meetings to provide assistance such as accountants or independent financial advisors.

Clients who have resolved issues with their partners using the collaborative process have found the benefits immense. People feel more control over their future and benefit from improved levels of communication with their partners. Agreements are reached quicker and more creatively than those imposed by the court process.

For more information concerning the collaborative family law process please contact Richard Peaker or Fiona Kendall or look at the West and North Yorkshire POD website at www.collabfamilylawyorks.co.uk.