By Jones Myers Partner, Nicki Nitchell, a Family Law Mediator and Collaborative Family Lawyer

As an experienced Family Law Mediator and Collaborative Family Lawyer with extensive expertise in litigation, I understand the challenges facing separating couples in finding the right way to divorce for their individual circumstances.

The trepidation of a prolonged, costly, and stressful court divorce is prompting an increasing number of  couples to seek out routes such as mediation and collaborative family law which avoid going to court.

Another option is arbitration where separating couples hire a ‘private judge’ to accelerate the outcome of their financial settlements.

These processes were previously known as Alternative Dispute Resolution – because they provide alternatives to litigating in court. The language has now changed to refer to Dispute Resolution, the hope being that they will become the first choice and court the last resort.  I am not convinced that this is where we are now but what is clear is that these options are often better choices than court as they promote a spirit of collaboration for spouses and parents to achieve the best  future for their family, with the children’s best interests in mind.  

Over the coming weeks I will explain more about these  options and their advantages and disadvantages to help you to decide which is best for your unique situation. Our first article focuses on mediation.    

What is mediation? 

Mediation is a means of resolving family disputes constructively. It enables you to keep  control over  decisions which will  affect the future of you and your family.  In the court process you potentially hand those decisions over to a judge, who does not know you or your family and knows nothing about what is important to you. Mediation is appropriate for most situations including the most financially complex.

Who is involved in mediation?

The private and confidential process takes place in a safe, impartial environment and involves a mediator like me, an independent third party who helps you and your ex to reach an agreement over key areas.  At the outset both of you sign an Agreement to Mediate so negotiations can continue on a ‘without prejudice’ basis.

The number of discussions/sessions varies for each couple depending upon the complexity of the split. As a facilitator, the mediator assists, guides, and helps you to move dialogue forward.  

Many mediators, myself included, are lawyers and can provide extremely useful information about the law to inform your decisions.

Whether or not they are legally qualified, mediators will recommend that you each  retain  your own solicitor who can provide specific legal advice where required during the process.

What does success in mediation look like?

A successful outcome in mediation can mean many things.  Many couples choose the mediation process to get to an agreement which is formalised in a binding Court Order.

Often called a Final Order, this is a legal document which officially terminates your marriage without you having to go to court.  However, mediation has many other advantages, including developing a new way of communicating as separated parents.

Is mediation compulsory?

No. Mediation is a voluntary process. You may have read about a Mediation Information and Assessment Meeting (MIAM) meeting, usually relating to cases involving finances or children, which all divorcing couples are expected to attend before court proceedings are issued.

These meetings are designed to inform  you both about alternative resolution schemes and to establish if the circumstances are suitable for mediation.

What are the advantages and disadvantages?

Mediation can result in a swifter resolution, reducing legal expenses which mount up in prolonged court cases between warring couples. Highly confidential, it is a more impartial and considered approach and can lessen the emotional impact of separation and divorce on children.

What happens if mediation fails?

Due to its voluntary nature, talks can be concluded at any time if headway is not made. However, there are many ways in which the process can be adapted to get over sticky issues and avoid failure. 

There is an increasing trend towards lawyers being present in mediation sessions to provide technical advice and support during the process, in particular where there are difficult dynamics and/or complex legal issues. 

Alternatively, disputed legal points can be determined by bringing in a neutral lawyer to give a view or even an arbitrator to give a binding decision on a particular issue. All of this can be done in the context of mediation.

Jones Myers specialist family lawyers are at the forefront of non-confrontational routes to divorce such as mediation and collaborative family practice.

For queries on mediation, divorce or family law, call 0113 246 0055 (Leeds) 01423 276104 (Harrogate), (York) 01904 202550, Visit www.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet @helpwithdivorce

Jones Myers blog is ranked 5^th among the UK’s Best 25 family law blogs and websites to follow in 2025.

Image by Hutomo Abrianto on Unsplash. This article first appeared in The Divorce Magazine 

The post Mediation, Arbitration, Collaborative Law, Court? : The Best Option For You Part 1 appeared first on Jones Myers.

We applaud the Government’s plans to increase funding to give those most in need access to legal support and help more people to manage their legal issues in the early stages.

The assistance aims to prevent fewer people from becoming a ‘litigant in person’ and representing themselves in court, while also providing specialist legal guidance to those who go on to do so.   

The dramatic increase in litigants in person has resulted from the 2013 demise of Legal Aid. Sadly, there are many cases where estranged parents cannot agree on key areas for their children’s welfare such as finance or living arrangements.

Many litigants in person find it challenging to prepare and read substantial paperwork and to understand procedures, the finer points of law and advocacy techniques.

They also experience anxiety about presenting a case in a technical manner, requiring knowledge and an emotional distance.  

Putting children’s best interests at the heart of relationship breakdown is vital.

Jones Myers is at the forefront of alternatives which guide and support our clients through the following processes which are less confrontational, private, and avoid going to court.

Arbitration – a private court hearing where couples hire an Arbitrator (‘Private Judge’) to speed up the outcome of their financial settlement.

Like a judge, the Arbitrator hears the evidence from the couple, collects relevant facts, and bases their decision on the evidence, considering the views of both parties.

Couples have the same Arbitrator through the process – something which will rarely happen at Court where different Judges are often involved at various stages of the proceedings. The Arbitrator’s Award over who should have what is final and binding.

Collaborative Family Law – a “no court” agreement is signed at the outset in a shared commitment to find an agreed resolution.

The couple appoint their own collaboratively trained lawyers and work with them to find, address, and resolve key issues. Accountants, IFAs, and other relevant experts can also attend the sessions if required to provide expert advice in a neutral way.  

Mediation – where separating couples confidentially discuss the most important issues with a qualified mediator.  They work constructively towards agreed arrangements for the family’s long-term interests.  

Bringing financial and time savings, the process takes the time it needs to resolve the issues, keeping communication channels open. Any agreement is again confidential to both parties.

Our partner, Nicki Mitchell, a highly experienced mediator and collaborative family lawyer is also a child-inclusive mediator who meets with children of separated parents and hear what they want.

Founder, Peter Jones, can arbitrate on financial and property disputes and the breakup of civil partnership or disputes between cohabiting couples whose relationships have ended. 

These alternatives enable divorcing couples to agree solutions which put their children’s future wellbeing and happiness first.

For queries on divorce or family law, call us at Leeds, 0113 246 0055, Harrogate 01423 276104, York on 01904 202550. Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

 Jones Myers blog is ranked 9^th in the UK’s Best 25 family law blogs and websites to follow in 2022.

The post Self-representation can be a minefield: how to put children’s best interests first   appeared first on Jones Myers.

By Jones Myers founder, Peter Jones

A private court hearing where separating couples hire a ‘Private Judge’ to accelerate the outcome of their financial settlements is becoming the way forward for more people undergoing divorce.

Jones Myers is a pioneer of the process called Family Law Arbitration which can avoid a prolonged, expensive and public hearing in court.

I was one of the country’s first ‘Private Judges,’ officially known as Arbitrator, when this option was introduced in 2012 to resolve differences on financial and property matters.

Similar to a judge, the Arbitrator hears the evidence from the parties, collects relevant facts and bases their decision on the evidence, taking into account the views of both parties. They make an Award over who should have what – which is final and binding in both parties.

Family Arbitration is an increasingly preferred option in contrast to Court hearings which can run the risk of a case being adjourned or unfinished due to pressure on court time or a judge becoming unavailable.

There is also the benefit of having the same Arbitrator through the process which will not happen at Court with different Judges being involved in the proceedings.

The process is quicker, confidential, and flexible and there is a substantial cost saving when delays are avoided. Divorcing couples set and agree their own timetable at the outset along with the level of the Arbitrator’s fees which they jointly pay along with any venue hired, and a transcription service if required.

Setting the scope of the dispute can, in many cases, also lead to a cost saving if the parties agree to concentrate on the essential points to be decided.

Similar to the court process, separating couples also incur legal or other costs for engaging lawyers to prepare for the arbitration and represent them. Each party usually pays their own lawyer’s costs.

The Arbitrator also has discretion to order a party to pay a part or all of the legal or other costs of another party in cases resulting from one party’s conduct during the arbitration.

Backed by the government as a process to resolve disputes, Arbitration can still go ahead if couples are involved in court proceedings. Court rules give judges the power to halt court proceedings to give the parties the opportunity to resolve the dispute through arbitration.

There is little doubt that concluding these matters quickly and efficiently brings certainty to the parties and enables them to concentrate on the future having resolved the past.

For information on arbitration or any family law matter call Jones Myers at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550 or visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

The post Why more couples hire a ‘Private Judge’ to expedite their divorce appeared first on Jones Myers.

By Jones Myers founder, Peter Jones

Pensions are often one of the most valuable assets of a marriage and play a vital role in deciding financial claims on divorce.

Financial disclosure – a full statement of your current earnings and assets – aims to protect you both. It also looks to ensure that you each receive a fair settlement which may well include a division of the pension benefit fund. 

Pension sharing – which provides a clean break between parties, as the pension assets are split – has been given more prominence in recent years. It recently hit the headlines when a BBC producer lost her court case to reduce her unemployed ex-husband’s 33% share of her £2 million fortune.  

In this particular case, The Court of Appeal reaffirmed that pension sharing is appropriate when deciding on the allocation of capital. 

Judges took into account the length of the marriage and discounted the former wife’s allegation that her ex-husband had made a ‘significantly negative’ contribution to the family fortune during the marriage.

They also upheld an earlier ruling and said the original £733,650 and pension share he was awarded would meet his ‘needs’. 

The criteria in considering a pension share requires the pension fund to be valued and included in the list of the family’s assets.  

The receiving party needs to decide if it’s better for them to receive a percentage share or, in some circumstances, seek a greater share of the liquid capital as a “set off” when not pursuing a share of the pension.

Some divorces may entail several pension arrangements so it is important you think about which arrangements should be shared. Expert advice from an Independent Financial Adviser is necessary to ensure the correct pension(s) are shared and to what extent. Advisors will also assist with the valuation and projected future incomes.

The pension share may be internal (when the recipient becomes a member of the scheme) or eternal when the share must be invested in an existing or new arrangement of the receiving party. Utmost care should be taken to obtain details of the cost of any transfer.

The court will look at the needs of the parties and take into account what other assets are available for distribution.

Agreed financial settlements avoiding Court can also be decided through alternative processes including Mediation where an impartial third party “the mediator” helps you discuss issues confidentially and find workable agreements.

There is also Collaborative Family Law where a “no court” agreement is signed at the beginning of the process so that there is a shared commitment to finding an agreed resolution

Another option is Arbitration where a Family Law Arbitrator in the role of a ‘judge’ decides the outcome of divorce financial settlements. As one of the first UK Family Law Arbitrators qualified to decide the outcome of financial and property disputes, I am arbitrating on an increasing number of cases which often include pension arrangements.  

With Mediation, Collaborative Family Law and Arbitration, once there is agreement (or an Award) details are submitted to the court for an order which enables a pension share to be implemented.  

Sadly, going to Court is necessary in some cases. The extensive expertise of Jones Myers lawyers can advise you both on the option which may suit you best.

For queries on divorce, pension sharing, finances or any aspect of family law, call us at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550. Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

The post How much of my pension is my ex entitled to on divorce? appeared first on Jones Myers.

The second lockdown and increased restrictions have understandably raised anxiety levels even more for those embroiled in relationship breakdowns.  

We wanted to reassure our existing and potential clients that Jones Myers is continuing to offer face-to-face meetings (in line with government guidance) – in circumstances that cannot be dealt with remotely.

As a niche family law firm we empathise with the stress and trauma associated with such a difficult period. This is why we always do our best to accommodate our clients while ensuring effective social distancing protocols.

Our offices in Leeds, Harrogate and York will remain open throughout the national lockdown – and beyond – should it be extended.      

With courts only open for urgent cases, our remote working capabilities also see us conduct court hearings and confidential consultations so our clients’ cases can be heard and processed effectively and in timely manner.

We understand that support networks are more vital than ever and our long-standing partnerships with professionals give clients access to counsellors, therapists and information on matters such as tax advice.

Key issues we are contacted about include:   

Children Arrangements 

Clients’ concerns centre on co-parenting and child arrangements and maintenance and financial issues – particularly with ongoing job losses. We encourage estranged couples to keep talking, helping them achieve the best solution for their individual situation.  

Seeking to ensure children’s interests always come first; our Children’s Department also assists parents with concerns over the safety of children during the lockdown.

Dividing Assets   

Couples who have split up – or who are about to separate – are unsure over when is the best time to divide their assets on divorce (without going to court). Our specialist lawyers have extensive expertise in this area. 

Avoiding Court    

The prolonged court delays see us assisting even more clients through processes which avoid this route.  

Mediation – an impartial third party “the mediator” helps couples to discuss issues confidentially and find workable agreements more quickly and cost effectively than the court process or in solicitors’ correspondence. In the current climate, online mediation can be available.

Collaborative Law – a “no court” agreement signed at the beginning of the process ensures a shared commitment to finding an agreed resolution. Couples can reach an agreement calmly and in their own time. It can be of particular benefit in higher value or complex children situations.

In family Arbitration couples appoint an arbitrator who makes decisions for them and enables them to resolve disputes in a more flexible and less formal setting. They also have the same Arbitrator through the process which will not happen at Court with Judges.

We are also adept at assisting clients if a court hearing is inevitable.

Our capability, expertise and commitment will provide urgent legal advice and support though the challenging days, weeks and months ahead to those who most need it.    

For advice on divorce or family law related issues, call us at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550. Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet @helpwithdivorce

The post Can I see a family lawyer face-to-face during lockdown? appeared first on Jones Myers.

The stress and trauma of divorce and relationship break ups have been further exacerbated during the prolonged Pandemic where a myriad of job losses are also heightening financial concerns. 

The surge in divorce looks set to continue during the second lockdown where stringent measures in some areas could remain in place for six months.   

Finding the right family lawyer who can advise and support you has understandably taken on an unprecedented importance.

Below are some key criteria to help you choose:

Credentials 

As a niche family law firm, we always recommend working with a lawyer who is a member of Resolution – a body of family lawyers and fellow professionals who follow a code of practice and are committed to dealing with relationship breakdown issues in a constructive and non-confrontational manner.  

Jones Myers founder Peter Jones, a former National chairman of Resolution and Deputy District Judge, chairs Resolution’s specialist accreditation committee.

Peer and Client Recommendations    

The only family law practice in Leeds with our own specialist in-house counsel, we have retained our joint top tier ranging in the Legal 500 and Chambers guides for over two decades. 

Jones Myers is also a finalist in the prestigious Family Law Awards for the outstanding quality of service we deliver to our clients.    

Accessibility and Technological Capability  

Our robust contingency planning and secure technological capability during the pandemic has seen more of our clients referring their family, friends and contacts from much further afield than our immediate geographical area.

Clients within and outside the UK can easily access our specialist services and are reassured by how well we communicate remotely with them – because they know their cases are being progressed effectively.       

Alternative Dispute Resolution  

With the Pandemic contributing to significant hold ups in court proceedingsand delays in arranging dates for hearings, our specialists are assisting even more clients through processes which avoid going to court and resolving the problems much quicker avoiding the delays.

Mediation – where an impartial third party “the mediator” helps couples to discuss issues confidentially and find workable agreements more quickly and cost effectively than the court process or in solicitors’ correspondence. It also limits the emotional damage which follows an acrimonious battle. In the current climate, online mediation can be available.

Collaborative Law – where a “no court” agreement is signed at the beginning of the process so that there is a shared commitment to finding an agreed resolution. It allows couples to come to an agreement calmly and in their own time. It can be of particular benefit in higher value or complex children situations.

In family Arbitration couples appoint an arbitrator who makes decisions for them and enables them to resolve disputes in a more flexible and less formal setting. There is also the benefit of having the same Arbitrator through the process which will not happen at Court with different Judges being involved in the proceedings.

We are also adept at assisting clients if a court hearing is inevitable.

Our capability, expertise and commitment ensure we will continue to provide ongoing urgent legal advice and support though the challenging weeks and months ahead to those who most need it.   

For all family law related issues, call us at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550.

Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

The post My marriage won’t survive a second lockdown – I need good advice appeared first on Jones Myers.

By partner Nicki Mitchell, mediator and collaborative family lawyer

As the UK prepares for an additional six months of challenging lockdown restrictions, Jones Myers commitment and ability to provide ongoing urgent legal advice is being well received by our expanding client base.

Our robust contingency planning and technological capability has been applauded by our clients – so much so that they are referring their family, friends and contacts from much further afield than our immediate geographical area.

Today’s extraordinary climate has brought seismic changes to how we live and how services are delivered. Our clients feel reassured with how we communicate remotely with them in the ‘new normal’ via Zoom and Microsoft Team calls – because they know their cases are being progressed effectively.        

Although the Covid-19 Pandemic has contributed to significant hold ups in court proceedings, our specialists in alternative dispute resolution are assisting even more clients through processes which avoid going to court.

They include Mediation which can help couples resolve their differences and find solutions to move forward positively. An impartial third party “the mediator” helps them discuss issues confidentially and seek out workable agreements.

We are also experts in Collaborative Law where a “no court” agreement is signed at the beginning of the process so that there is a shared commitment to finding an agreed resolution.

A third alternative to experiencing protracted court delays is Arbitration where couples appoint an arbitrator who will make decisions for them. This process enables them to resolve disputes in a more flexible and less formal setting.

With the pandemic prompting a surge in divorce enquires, our strong track record has seen even more clients choose us because they have been personally referred to us by people they know and trust, who already know and trust us.

We are finding that, increasingly, clients are more comfortable dealing with us remotely than appointing  lawyers who may be local but who are an unknown quantity.          

Thanks to our secure technology, clients from all parts of the country and indeed outside the UK can easily access our specialist services.   

As the country prepares for tougher lockdown measures and a widely predicted divorce boom, our expertise is being called upon more than ever to assist families who have already broken up or who are about to separate – and whose concerns include sustaining child maintenance payments if their income ceases.   

For queries on divorce or family law related issues, call us at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550. Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

The post Jones Myers ready to assist clients during further lockdown restrictions appeared first on Jones Myers.

The Citizen’s Advice charity has reported a substantial rise in divorce guidance searches following the lockdown.

This hike re-enforces wider predictions of a surge in divorce with the stringent measures testing even the most robust relationships.

The pressures on couples and families following the Covid-19 Pandemic reflect the increase in enquiries we have experienced from clients asking how they go about divorce proceedings.

The situation has been further exacerbated by significant hold ups in court proceedings which have prompted a Commons enquiry into addressing delays and clearing the backlog of cases.  

If you are looking to separate in the current climate, we advise you consider the following alternatives which avoid a lengthy court process and, if successful, could be resolved within 4-6 months.

Mediation

Mediation can help couples resolve their differences and find solutions which enable them to move forward positively. An impartial third party “the mediator” helps them discuss issues confidentially and find workable agreements. The potential benefits are many: agreements can be reached a great deal more quickly and cost effectively than by using the court process or in solicitors’ correspondence. Ongoing communication also limits the emotional damage which follows in the wake of an acrimonious battle.

Collaborative Law

As with family mediation, Collaborative Law avoids Court proceedings and other adversarial approaches to settlement. A “no court” agreement is signed at the beginning of the process so that there is a shared commitment to finding an agreed resolution. The process can work for any couple, whether there are modest means or in higher value or complex situations. The interests of any children are put at the forefront of discussions.  

Arbitration

In family Arbitration, couples appoint an arbitrator who will make decisions for them. The process enables the couples to resolve disputes in a more flexible and less formal setting.

There is also the benefit of having the same Arbitrator through the process which will not happen at Court with Judges and the knowledge that your Arbitrator is an expert in financial remedy proceedings. Again, this isn’t always the case with a Judge at Court as they may have backgrounds in other areas of law.

Jones Myers family lawyers are highly experienced in the above processes and include partner Nicki Mitchell, a skilled mediator and collaborative family lawyer. Norman Taylor is a collaborative family law expert who also has extensive expertise in this area.

Our firm’s founder Peter Jones was among the country’s first Arbitrators qualified to arbitrate on financial and property disputes and the break-up of civil partnerships or disputes between cohabitating couples whose relationships have ended.

We recommend taking advice from a specialist family lawyer such as Jones Myers as early as possible to ensure you choose the best option for your individual situation.

For queries on divorce or family law, call is at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550. Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

The post My divorce is dragging on due to court delays – what can I do? appeared first on Jones Myers.

The news that actress Halle Berry is to represent herself in court to finalise residence arrangements for her six year old son following her divorce is a reminder of the downside of self representation.       

The demise of Legal Aid in 2013 sparked a dramatic increase in the number of people seeking to represent themselves (known as litigants in person). Many cases involve children whose estranged parents cannot agree on key areas such as finance, or arrangements for where the children should live.

Self representation can be a minefield. It involves preparing and reading substantial paperwork, understanding the correct procedures to follow – and appreciating exactly what issues a judge will consider to be important.  

Many people are anxious about talking to a judge and find it hard getting to grips with the finer points of law and advocacy techniques that qualified family lawyers have developed over many years. 

Cases need presenting in a technical manner, requiring knowledge and an emotional distance that many parents find difficult.

There is likewise a woeful lack of support and assistance in court for those representing themselves.

The culmination of all of this can lead to highly charged court hearings, with tensions and arguments aired in court which is detrimental for everyone involved – especially the children.        

As a niche family law firm we always advise clients that there are alternatives to going to court which are less confrontational, less stressful and completely private. They can bring a swift resolution and save on legal expenses.

Mediation

Mediation is where an impartial third party “the mediator” helps couples to discuss issues confidentially and find workable agreements more quickly and cost effectively than the court process or in solicitors’ correspondence. It limits the emotional damage which follows in the wake of an acrimonious battle. In the current climate, online mediation can be available.

Collaborative Law

Collaborative Law also avoids Court proceedings. A “no court” agreement is signed at the beginning of the process so that there is a shared commitment to finding an agreed resolution. It allows people to come to an agreement calmly and in their own time. Although it can work for any couple, it can be of particular benefit in higher value or complex children situations.

Arbitration

In family Arbitration couples appoint an arbitrator who makes decisions for them and enables them to resolve disputes in a more flexible and less formal setting. There is also the benefit of having the same Arbitrator through the process which will not happen at Court with Judges.

Whichever route is chosen – or if a court hearing is inevitable – it is vital to have the right legal representation from highly experienced family lawyers.

Our dedicated Children Department balances the needs of children and their parents in issues including residence and contact disputes, care proceedings and adoption.

If you have any comments, queries or concerns on self representation, children, divorce or family law related issues, call us at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550. Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce.

The post I’m considering representing myself in court – what are the pitfalls? appeared first on Jones Myers.

When considering separation, you will inevitably come across the term “financial claims” on divorce.

Competent legal advice can help you deal with these claims swiftly and often without involvement of the Court.

The first priority is establishing the value of the matrimonial “pot” – all the assets and debts you each hold – and agreeing their value before dividing them.   

Valuations will potentially be lower now than a few months ago – your solicitor will advise whether to take action now or wait until the economy settles down.

Once you have a clear idea of your pot’s value, you can look at settlement options in these key areas:

Properties – these claims deal with properties such as your family home, second homes, or investment properties. These can be sold, and the equity divided between you, or they can be transferred to one of you. Sales and transfers can be deferred until property prices have settled, and borrowing options are more widely available. The first step is to consider what you will both need, and where you will both live; the starting point is equality of division although assets and pension can be divided unequally to meet need and achieve a fair settlement.  Your solicitor will advise on factors to consider.  It may be that you will need other expert advice eg in relation to tax issues.

Capital – money held in accounts, savings, insurance policies with a surrender value, other investments, and businesses. These assets can be converted and shared, used to clear debts, or transferred between you. As with property claims, the priority is what you both require to meet your needs. In some instances, assets may be ringfenced if acquired prior to the relationship, received by way of an inheritance – or if one of you has obtained them without using family resources. Expert advice may be required both to establish the true value of assets, which may have been affected by the pandemic, and to consider the appropriate way to share them. An experienced solicitor will be able to guide you through the process and flag up where there is a need for advice from other experts.

Pensions – a pension claim balances your respective provisions for retirement. Money can be transferred from one scheme to another to redistribute retirement income or capital funds between you. Alternatively, they can be used to “offset” a capital division – for instance if you need more money now to rehouse, you may choose to take less from a pension than your entitlement. Pensions are invested assets, and again we have seen reductions, some significant, in the value of some types of pensions over recent months. Expert advice will unpick the current value and establish anticipated future values and incomes that they may generate – and how they can be divided fairly.  

Incomes – known as maintenance claims, they deal with monthly payments from one partner to another to help meet needs. Child Maintenance is usually dealt with by the Child Maintenance Service if you cannot reach agreement. In some circumstances, you may also be entitled to spousal maintenance which is usually time limited. Given the reduction to incomes that many families have suffered, spousal maintenance may be more relevant to you now than previously. However an order for maintenance can be varied in future if circumstances change. We have highlighted how these claims are entirely needs based, there is no automatic entitlement.

On understanding your entitlement, the first option is to discuss matters with your partner. You may not want to have a solicitor write to them, but it is sensible to consider having someone to advise you about any decisions you may reach and ensure you have considered all relevant factors and claims.

As explained in our previous blog, there are ways to find agreed financial settlements avoiding Court including Mediation and Collaborative Family Law.  If none of these processes is right for you, you could consider a Private Financial Dispute Resolution (a private negotiation supported by a suitably qualified lawyer in the role of “Judge”) or Arbitration (a private process where a lawyer acting as “Judge” would make a binding decision about your case or some parts of it).  In either case you would be advised and represented by a qualified solicitor or barrister.  The potential advantage over a full Court application is that you choose your “Judge”, have more control over the timing of the process and the cost.  Sadly, going to Court is necessary in some cases.

Each of the routes highlighted can be effectively undertaken remotely during the lockdown to progress your case.

Jones Myers extensive expertise can advise you both on the option which may suit you best.

When considering separation, you will inevitably come across the term “financial claims” on divorce.

Competent legal advice can help you deal with these claims swiftly and often without involvement of the Court.

The first priority is establishing the value of the matrimonial “pot” – all the assets and debts you each hold – and agreeing their value before dividing them.   

Valuations will potentially be lower now than a few months ago – your solicitor will advise whether to take action now or wait until the economy settles down.

Once you have a clear idea of your pot’s value, you can look at settlement options in these key areas:

Properties – these claims deal with properties such as your family home, second homes, or investment properties. These can be sold, and the equity divided between you, or they can be transferred to one of you. Sales and transfers can be deferred until property prices have settled, and borrowing options are more widely available. The first step is to consider what you will both need, and where you will both live; the starting point is equality of division although assets and pension can be divided unequally to meet need and achieve a fair settlement.  Your solicitor will advise on factors to consider.  It may be that you will need other expert advice eg in relation to tax issues.

Capital – money held in accounts, savings, insurance policies with a surrender value, other investments, and businesses. These assets can be converted and shared, used to clear debts, or transferred between you. As with property claims, the priority is what you both require to meet your needs. In some instances, assets may be ringfenced if acquired prior to the relationship, received by way of an inheritance – or if one of you has obtained them without using family resources. Expert advice may be required both to establish the true value of assets, which may have been affected by the pandemic, and to consider the appropriate way to share them. An experienced solicitor will be able to guide you through the process and flag up where there is a need for advice from other experts.

Pensions – a pension claim balances your respective provisions for retirement. Money can be transferred from one scheme to another to redistribute retirement income or capital funds between you. Alternatively, they can be used to “offset” a capital division – for instance if you need more money now to rehouse, you may choose to take less from a pension than your entitlement. Pensions are invested assets, and again we have seen reductions, some significant, in the value of some types of pensions over recent months. Expert advice will unpick the current value and establish anticipated future values and incomes that they may generate – and how they can be divided fairly.  

Incomes – known as maintenance claims, they deal with monthly payments from one partner to another to help meet needs. Child Maintenance is usually dealt with by the Child Maintenance Service if you cannot reach agreement. In some circumstances, you may also be entitled to spousal maintenance which is usually time limited. Given the reduction to incomes that many families have suffered, spousal maintenance may be more relevant to you now than previously. However an order for maintenance can be varied in future if circumstances change. We have highlighted how these claims are entirely needs based, there is no automatic entitlement.

On understanding your entitlement, the first option is to discuss matters with your partner. You may not want to have a solicitor write to them, but it is sensible to consider having someone to advise you about any decisions you may reach and ensure you have considered all relevant factors and claims.

As explained in our previous blog, there are ways to find agreed financial settlements avoiding Court including Mediation and Collaborative Family Law.  If none of these processes is right for you, you could consider a Private Financial Dispute Resolution (a private negotiation supported by a suitably qualified lawyer in the role of “Judge”) or Arbitration (a private process where a lawyer acting as “Judge” would make a binding decision about your case or some parts of it).  In either case you would be advised and represented by a qualified solicitor or barrister.  The potential advantage over a full Court application is that you choose your “Judge”, have more control over the timing of the process and the cost.  Sadly, going to Court is necessary in some cases.

Each of the routes highlighted can be effectively undertaken remotely during the lockdown to progress your case.

Jones Myers extensive expertise can advise you both on the option which may suit you best.

When considering separation, you will inevitably come across the term “financial claims” on divorce.

Competent legal advice can help you deal with these claims swiftly and often without involvement of the Court.

The first priority is establishing the value of the matrimonial “pot” – all the assets and debts you each hold – and agreeing their value before dividing them.   

Valuations will potentially be lower now than a few months ago – your solicitor will advise whether to take action now or wait until the economy settles down.

Once you have a clear idea of your pot’s value, you can look at settlement options in these key areas:

Properties – these claims deal with properties such as your family home, second homes, or investment properties. These can be sold, and the equity divided between you, or they can be transferred to one of you. Sales and transfers can be deferred until property prices have settled, and borrowing options are more widely available. The first step is to consider what you will both need, and where you will both live; the starting point is equality of division although assets and pension can be divided unequally to meet need and achieve a fair settlement.  Your solicitor will advise on factors to consider.  It may be that you will need other expert advice eg in relation to tax issues.

Capital – money held in accounts, savings, insurance policies with a surrender value, other investments, and businesses. These assets can be converted and shared, used to clear debts, or transferred between you. As with property claims, the priority is what you both require to meet your needs. In some instances, assets may be ringfenced if acquired prior to the relationship, received by way of an inheritance – or if one of you has obtained them without using family resources. Expert advice may be required both to establish the true value of assets, which may have been affected by the pandemic, and to consider the appropriate way to share them. An experienced solicitor will be able to guide you through the process and flag up where there is a need for advice from other experts.

Pensions – a pension claim balances your respective provisions for retirement. Money can be transferred from one scheme to another to redistribute retirement income or capital funds between you. Alternatively, they can be used to “offset” a capital division – for instance if you need more money now to rehouse, you may choose to take less from a pension than your entitlement. Pensions are invested assets, and again we have seen reductions, some significant, in the value of some types of pensions over recent months. Expert advice will unpick the current value and establish anticipated future values and incomes that they may generate – and how they can be divided fairly.  

Incomes – known as maintenance claims, they deal with monthly payments from one partner to another to help meet needs. Child Maintenance is usually dealt with by the Child Maintenance Service if you cannot reach agreement. In some circumstances, you may also be entitled to spousal maintenance which is usually time limited. Given the reduction to incomes that many families have suffered, spousal maintenance may be more relevant to you now than previously. However an order for maintenance can be varied in future if circumstances change. We have highlighted how these claims are entirely needs based, there is no automatic entitlement.

On understanding your entitlement, the first option is to discuss matters with your partner. You may not want to have a solicitor write to them, but it is sensible to consider having someone to advise you about any decisions you may reach and ensure you have considered all relevant factors and claims.

As explained in our previous blog, there are ways to find agreed financial settlements avoiding Court including Mediation and Collaborative Family Law.  If none of these processes is right for you, you could consider a Private Financial Dispute Resolution (a private negotiation supported by a suitably qualified lawyer in the role of “Judge”) or Arbitration (a private process where a lawyer acting as “Judge” would make a binding decision about your case or some parts of it).  In either case you would be advised and represented by a qualified solicitor or barrister.  The potential advantage over a full Court application is that you choose your “Judge”, have more control over the timing of the process and the cost.  Sadly, going to Court is necessary in some cases.

Each of the routes highlighted can be effectively undertaken remotely during the lockdown to progress your case.

Jones Myers extensive expertise can advise you both on the option which may suit you best.

For queries on divorce, finances or any aspect of family law, call us at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550. Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

The post Divorce and finances: Four vital areas to consider appeared first on Jones Myers.