By Nicki Mitchell, Mediator and Collaborative Family Lawyer

No-Fault Divorce – which dispenses with the ‘blame game’ – makes it easier for couples to manage their separation and work together to avoid lengthy, costly, and stressful court disputes.

The ground-breaking changes in the law, which enables divorces to be completed in just six months, will help separating couples to focus on vital issues such as finances, children, and property.

New time scales include a 20 week ‘reflection period’ between lodging an application and applying for a Conditional Order stating when a marriage will end.  

During the 20-week period, mediation can be instrumental in helping couples to negotiate an agreed settlement of the financial issues arising from their separation. This can then be simply provided to the court for approval without any hearings.

We cannot overestimate the importance of addressing the financial consequences of separation, including pensions, insurance benefits, and potential tax implications, and obtaining a court order which confirms how those issues are to be dealt with, before applying for a Final Order which legally ends the marriage.

However, a Final Order of divorce does not, on its own, bring an end to the financial claims which spouses have against each other.

Confidential mediation sessions enable couples to work constructively towards agreed arrangements aligned with the family’s long-term interests.

This measured approach, which keeps communication channels open, can also be key to sorting out the welfare of, and arrangements for, children – whose interests should always come first. Adopting a constructive and united approach can likewise lessen the emotional impact of the split on the children.

It is important that legal advice is taken to support the mediation process – the mediator will guide couples as to when this is needed.

Our highly skilled team of specialist family lawyers includes myself, a family law mediator since 2015, a qualified child-inclusive mediator and a qualified mediator.

Peter Jones, who founded our award-winning, niche family firm, is also qualified to arbitrate on financial and property disputes along with the breakup of civil partnership or disputes between cohabiting couples whose relationships have ended.

Under No-Fault Divorce, individuals can apply for a Court Order to start the divorce process and, for the first time ever, couples can also submit a joint application on mutual terms.

Irrespective of the divorce process, an early conversation with a family lawyer can help to make informed decisions about the future. Our specialist family lawyers often speak with our clients before they make any firm decision to separate and can allay many of their fears. 

For queries on mediation, No-Fault Divorce, or any aspect of family law, call our Leeds office 0113 246 0055, our Harrogate office 01423 276104, or our York office on 01904 202550. Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

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This month brings monumental changes in divorce law with the long-awaited introduction of No-Fault Divorce on April 6.

To mark the milestone, Jones Myers Founder, Peter Jones, has featured on BBC Radio Leeds to highlight what the changes mean for couples seeking a divorce.

Our Partner Nicki Mitchell, who heads our York office, has also been interviewed by BBC Radio York to explain the implications.

Here is a summary of how the developments will affect divorcing couples.

Under the previous laws, unless couples had lived apart for two orfive years, one partner had to apportion some form of blame for the marriage breakdown. This could be adultery, desertion, or unreasonable behaviour.

In our extensive experience, we have witnessed how dishing out blame can create conflict and make it difficult to reach a mutually acceptable agreement.

No-Fault Divorce removes the need for separating couples to prove fault or to live apart for at least two years before being granted a divorce. It also means a divorce application cannot be defended or contested.

The seismic change was triggered in part by the high-profile and acrimonious case of Tini Owens, a ‘desperately unhappy’ wife who took her case to the court of appeal after a family court ruling refused her a divorce petition. Her husband vehemently denied her claims of his unreasonable behaviour and wanted to remain married.

Had he not contested the divorce and her allegations, she would most likely have been granted a divorce. Instead, she was forced to live in the marital house for a further two years.

The new time scales under No-Fault Divorce require a period of a minimum of20 weeks between lodging an application with the court and applying for a Conditional Order.  

This gives couples time to carefully consider if they are making the right decision. If, after 20 weeks, they still want to go ahead, they need to inform the court and after a further 6 weeksapply for a Final Order.

No-Fault Divorce also enables couples to submit a joint application on mutual terms.

The absence of blame will make negotiations for the welfare and arrangements for children, whose interests should always come first, more collaborative.

It is also expected to make dividing assets easier because couples in this situation are more likely to be more open minded to discuss financial issues without the resentment that sometimes exists when blame is involved.

The financial issues arising from the separation will need to be negotiated and the agreed settlement approved by the court. If agreement is not possible, then a separate process will have to be started.

It is vital anyone issuing an application themselves ensures that areas such as pensions, insurance benefits and their potential tax implications are dealt with before applying for a Final Order.

We urge taking expert legal advice as it may be necessary to delay applying for a Final Order to protect the financial aspects.

For queries on No-Fault Divorce 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

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By Jones Myers Partner, Nicki Mitchell  

On April 6, a three-decade long campaign to modernise divorce laws will finally come to fruition.

No-Fault Divorce – spearheaded by family justice group Resolution – and backed by members including our award-winning family law firm Jones Myers – finally ends the bitter ‘blame game.’

The process eliminates the need for separating couples to prove some form of fault or to live apart for at least two years before being granted a divorce.

For the first time ever, couples can submit a joint application on mutual terms. These are the steps to take if you are in this situation.

Step 1

As joint Applicants you can both apply for a Divorce Order if your marriage has broken down irretrievably. You must also confirm that you have discussed the possibility of a reconciliation.

Firstly, you will need to agree between yourselves who will be the first Applicant as they will start the process by completing the application. The other spouse will then have the opportunity to complete, review and provide any additional details. Both of you will need to sign a statement of truth confirming the facts in the document are true before filing the application.

Step 2

You lodge a statement with the completed application for a Divorce Order, which confirms that the marriage has broken down irretrievably. You can agree between yourselves how to pay the court fee of £593 for your joint application.

Step 3

The court starts the process, and you go through a 20 week ‘reflection period’ to carefully consider if you are making the right decision before you can apply for a Conditional Order (currently known as a Decree Nisi). This is a court order stating the date when a marriage will terminate unless there is a good reason to refuse to grant a divorce.

Step 4

If, after 20 weeks, you still want to continue the divorce application, you inform the court and apply for a Conditional Order.

Step 5

Six weeks after applying for the Conditional Order, the court can issue a Final Order (currently known as a Decree Absolute) – the legal document that terminates the marriage.

If, during the process you are unable to work together to progress the joint application, either of you can apply for a Divorce Order as an individual Applicant.

A cautionary recommendation is to ensure the financial issues are agreed before a Final Order is granted so that pensions and insurance benefits can be protected.

No-Fault Divorce aims to make it easier for couples to manage their separation and work together to avoid lengthy, costly, and stressful court disputes. An experienced family law firm such as Jones Myers can help you both with compiling the necessary documents or you can apply jointly online.

For queries on No-Fault Divorce, the current divorce process, or any aspect of family law, visit this link, 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

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By Jones Myers founder, Peter Jones 

The countdown is underway to April 6 when the introduction of No-Fault Divorce brings the most far-reaching changes to divorce laws in the last five decades.

Jones Myers has campaigned vociferously for the introduction of these revolutionary measures which will end the bitter ‘blame game’.  In the first of a series of articles, we address some key questions:

What is the thinking behind No-Fault Divorce?

No-Fault Divorce aims to make it easier for couples to manage their separation and work together to avoid lengthy, costly, and stressful court disputes.

How different is it from the current system?

Under existing laws, unless couples have lived apart for two or five years, one partner must refer to some form of blame – either adultery, desertion, or unreasonable behaviour – for the marriage breakdown.

No-Fault Divorce removes the need for separating couples to prove fault or to live apart for at least two years before being granted a divorce.

Could we apply separately for a divorce?

Yes, you can individually seek a divorce or submit a joint application on mutual terms.

If my ex filed for divorce, can I contest it?

As the element of fault/blame will be removed, a divorce application cannot be defended.

Will it be quicker to get a divorce?

Yes. Depending upon the circumstances, it can currently take between four months to a year to terminate a marriage and reach a financial settlement.

The new time scales require a period of a minimum of20 weeks between lodging an application with the court and applying for a Conditional Order (currently known as a Decree Nisi).

This gives couples time to carefully consider if they are making the right decision. If, after 20 weeks, they still want to go ahead, they need to inform the court and after a further 6 weeksapply for a Final Order (currently known as a Decree Absolute).

Will divorce become less expensive?

Yes, as contesting petitions can rachet up costs. Presuming that the court fee of £593 does not increase, the simplified and online process will be less expensive.

What are the benefits?

Removing blame is expected to create a better forum for negotiations relating to children’s arrangements and finance.

Although one or both ex partners may still mentally attribute blame to their former spouse for the breakup, excluding the reference tofault in the divorce application will hopefully create a more inclusive and collaborative atmosphere to discuss and reach a solution.

Will it make dividing assets easier?

Hopefully yes, as again the element of blame will be excluded when the court deals with finances – unless the conduct of either, or both applicants, is exceptional.

It is anticipated that separating couples will be more open minded to discuss financial issues without the resentment that sometimes exists when blame is articulated.

However, it is important to understand that the divorce process only leads to a dissolution of the marriage.

The financial issues arising from the separation will need to be negotiated and the agreed settlement approved by the court. If agreement is not possible, then a separate process will be to be started.

It is essential to take expert advice with regards to the finances as it may be necessary to delay applying for a Final Order to protect pension and insurance benefits.

For queries on No-Fault Divorce, the current divorce process, 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

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By Jones Myers Solicitor, Lilly Grant

News that divorcing couples can obtain a no-fault divorce from 6 April 2022 marks the most dramatic and far-reaching change in divorce laws in 50 years.

No-fault divorce finally ends the bitter ‘blame game’, making it easier for people to manage their separation and work together to avoid lengthy and stressful court disputes.

Under current legislation, to petition for divorce the petitioner must satisfy one of the following five facts to establish that the marriage has irretrievably broken down.

1. Unreasonable behaviour
2. Adultery
3. Two years separation with the consent of the other party;
4. Five years separation without consent; and
5. Desertion.

This means that unless couples have lived apart for two or five years, one partner has to take some form of blame, either adultery or unreasonable behaviour.

No fault divorce will provide a less acrimonious divorce process, enabling one or both parties to issue a petition for divorce simply with a statement confirming that the marriage has irretrievably broken down. 

A 20 week period for reflection follows – after which a conditional order is made.  Once a further 6 weeks expires a Final Order can be granted.

While Children and Financial Arrangements will still be resolved separately, it is anticipated that the removal of ‘allegations’ will promote a better atmosphere for discussion and agreement. 

Jones Myers always stresses the importance of putting children’s interests first. We have experienced at first-hand how prolonged divorce proceedings can cause conflict and lingering resentment and have long-term repercussions on their health and education.

Jones Myers, together with Resolution, which champions non-confrontational approaches in family law, has been at the forefront of lobbying MPs locally and at the Palace of Westminster for these major changes. We are understandably delighted with this rewarding outcome.   

Designed to reflect society’s attitudes, the legislation was originally set to come into force in autumn 2021. The delay to 6 April 2022 is to enable the court IT system to be up and running with the new process.

For queries on divorce 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

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Jones Myers role in a nationwide campaign to reduce conflict in divorce and relationship breakdown has resulted in a virtual meeting with our founder Peter Jones and Andrew Jones MP.

The session took place during this year’s ‘Good Divorce Week’ which put the spotlight on promoting a non-confrontational approach to divorce – and minimising the damage it can cause to children.

The ongoing campaign is spearheaded by Resolution, an organisation of family lawyers and fellow professionals. Resolution members like Jones Myers follow a Code of Practice and champion a ‘good’ divorce which is in the best interests of children, parents and wider families.   

Peter Jones, a former national chair of Resolution, said: “Managing separation and divorce is extremely difficult for everyone involved. Emotions are high and, even if two people both agree to separate, the changes can be so stressful that conflict and confrontation can seem inevitable.

“I explained to Andrew how this doesn’t need to be the case and how Resolution’s Code of Practice helps to ensure that the painful separation process along with sorting out finances and arrangements for children can be achieved in a way that minimises conflict and promotes amicable agreements.”

Andrew Jones, MP for Harrogate and Knaresborough, agreed that resolving relationship breakdown issues in a constructive manner is vital for the future well-being of children and families.      

He said: “After speaking with Peter I am keen to learn more about Resolution and how its Code of Practice can play a key role in supporting my constituents who are undergoing divorce and separation with empathetic and objective advice.” 

Added Peter: “There is no silver bullet approach to divorce as every family and relationship is different. However, professional advice delivered early can help couples to understand their options and decide which approach would be most suitable.

“Family justice professionals who are members of Resolution can explain all the options open to separating couples. They include alternatives to court, where appropriate, such as mediation and arbitration which can be less costly and dealt with more swiftly.   

“We thank Andrew for making the time to hear about Resolution’s Code which gives separating couples the confidence and knowledge to make the best decisions for them and their family. It also helps pave the way for a future which puts children’s well-being and happiness first.”

To find out more, call Jones Myers 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

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By Peter Jones, founder

I am optimistic that long overdue reforms to introduce no fault divorce and end the bitter ‘blame game’ will help the well being of children who are caught up in their parents’ separation.  

Our firm – which has campaigned vociferously for no fault divorce and lobbied MPs – breathed a collective sigh of relief when the bill ended its Parliamentary journey and received Royal Assent. 

Spearheaded by Resolution, which champions non-confrontational approaches in family law, no fault divorce aims to make it easier for people to manage their separation and work together to avoid lengthy and stressful court disputes.

Up to now, unless couples have lived apart for two or five years, one partner has to take some form of blame, either adultery or unreasonable behaviour.

In our extensive experience this prolongs divorce proceedings and can cause conflict and lingering resentment which often impacts on children. Such antagonism can continue after parents have split up and more so if one of them is living with a new partner.

Sadly, children who are trapped in the crossfire can often retreat into an artificial world to escape the stresses and strains. Their behaviour can also be affected as children become attention-seeking and demanding.

The knock on effects of this can lead to long-term repercussions such as their education suffering and health problems which can bring lasting damage and affect their future prospects.

Thankfully the new law removes the need to prove adultery, unreasonable behaviour or to live apart for five years before a divorce can be granted.

While the irretrievable breakdown of a marriage as the sole ground for divorce will remain, providing evidence of a ‘fact’ around behaviour or separation will be replaced with a requirement to submit a statement that the marriage has broken down.

No fault divorce also requires that there must be at least 20 weeks between lodging a petition to a conditional order being made.

Coming into effect in the autumn of next year, it paves the way for couples to give their children’s emotional and financial security the priority they deserve – both now and in the future.  

For queries on divorce or any aspect of children or 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

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Many of us who have lost loved ones understandably experience sadness, loss and loneliness over the festive period.

These emotions can be further heightened for those undergoing divorce or separation – particularly if this is their first Christmas and New Year since their relationship ended.   

In the countdown to 2020, we’ve highlighted some of our advice and tips from 2019 to help our wide-ranging readers make plans and move forward.

We outlined the circumstances when you can get divorced without telling your spouse – along with issues which can be resolved – and why the emotional impact of divorce can be the most costly.

When couples divorce or terminate a civil partnership, a key factor is dividing any pension rights. We explained why they should treat carefully when it comes to divorce, retirement and pension share orders.  

The extensive role of grandparents as carers and role models in divorce and separation featured prominently. We stressed the importance of not taking them for granted and provided steps on how they can avoid being left in the cold this festive season when it comes to spending time with their beloved grandchildren.     

Our tips also have also included how parenting plans can be extremely helpful and why the long awaited and impending no-fault divorce law will be in children’s best interests.  

As 2020 approaches, there has never been a better time to draw a line in the sand on the past and set in place some simple resolutions for your new beginnings, hopes and aspirations. We hope it goes well and send you our best wishes.  

To find out more about any aspect of family law, call our Leeds office on 0113 246 0055, our Harrogate office on 01423 276104, or our York office on 01904 202550. You can also visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

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By Norman Taylor, collaborative family law specialist

With legal costs reportedly rocketing to £1.5million in Lisa Armstrong and Ant McPartlin’s bitter divorce, it appears the couple will finally meet with their respective lawyers to thrash out a division of assets.  

This very public, acrimonious and high-profile case – which will undoubtedly have taken its toll on the couple and those closest to them – could have taken a more private and dignified route.   

In our extensive experience, most couples terminating their marriage prefer to avoid a costly and stressful courtroom battle over dividing their assets. They also want to ensure their children’s best interests by planning and sharing their future development and well-being.

Collaborative Family Law week which starts on September 30, is a timely reminder of how the collaborative process puts you in control, enabling you and your ex to work together with your respective lawyers to achieve the right agreement for the whole family. 
 
You and your former partner/spouse each instruct a collaboratively trained lawyer and agree in writing to work together to resolve issues surrounding your separation.
 
A series of four way meetings with you and your lawyers progress at the pace you jointly set, discussing the needs and interests of everyone directly involved for the best outcome.  

To find out if collaboration is the best way forward for you, answer the questions below:

1. Do you want a divorce process which is fair for you, your ex and your children?
2. Is it important that this option enables you and your ex to remain on good terms and communicate regularly?
3. Do you want a process that factors in the ‘human element’ in face-to-face discussions that is often missed or misinterpreted in written communications?
4. Is it important that you can address issues with dignity and in a safe and secure environment?
5. Are you seeking a path that helps you all as a family to accept the past and be positive about the future?
6. Do you want to remain in control of your individual destinies, making choices you both want rather than having decisions imposed by third parties who do not know you?

If you embark on this process we recommend appointing a specialist collaboratively trained lawyer such as myself or Jones Myers partner, Nicki Mitchell at our York office, who are members of Resolution, a national organisation of family lawyers committed to non-confrontational divorce and separation.

‎ For queries about the collaborative process or divorce related issues call our Leeds office 0113 246 0055, our Harrogate office 01423 276104, or our York office on 01904 202550. Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

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Our partner, Nicki Mitchell, who heads Jones Myers’ York office, has recently featured in the Yorkshire Post’s Legal Matters Q and A section. Her insights on issues – which include the importance of preserving privacy in divorce – are featured below.

What’s the biggest development you’ve seen in the legal world during your career?

When I qualified 25 years ago the law was a very different place. The world was full of general practitioners doing everything from defending speeding motorists to conveyancing.  Solicitors treated family cases as something to be “won” in the same way as damages for a road traffic accident.

Thankfully, things have changed with the introduction of mediation and collaboration which can help avoid a protracted, expensive and stressful court process. As a skilled mediator who became the first collaborative family lawyer in York in 2005, I’ve seen at first-hand how clients have benefited from going down this route and preserving their privacy. Good specialist family lawyers recognise that separating couples can move on with their lives without fighting in court.

What law would you like to see changed?

Our current divorce laws are completely outdated and I am delighted that no fault divorce is finally making its way through parliament. Some say it will make divorce easier but it is never easy. Forcing couples to justify why they can’t live together does not, in my experience, save marriages – it just increases conflict.

As a firm Jones Myers has been an ardent supporter of Resolution’s long-standing campaign to introduce no fault divorce – having witnessed how friction from acrimonious break ups impacts negatively on children. Changing the system to remove animosity and frustration will enable couples to focus on vital factors such as creating financial security and ensuring the future happiness and wellbeing for their children is preserved in a harmonious, as opposed to a harmful, environment.   

What is the most exciting work you’ve ever done?

It isn’t about an individual case. The most important decision anyone makes when a relationship breaks down is how they deal with the consequences. I spend time with clients explaining the options. Although no one process is right for everyone, communication is key.  I get real satisfaction working as a mediator and collaborative lawyer, helping couples to work through one of the most difficult times in their lives. Separation doesn’t just affect couples. It has a real impact on the lives of their children, wider family, friends and colleagues. Anything I can do to minimise the damage, whilst giving sound advice is what the job is all about.

Who in the legal world do you most admire?

The obvious choice is Baroness Hale who hails from Yorkshire and whose string of achievements and ‘firsts’ is inspirational. However, there are local lawyers whom I admire for their sensible approach and commitment to supporting separating couples whilst minimising the financial and emotional cost.

What advice would you give someone starting out in the profession?

It’s not about you!  What we do and how we do is highly responsible and affects the lives of those we work for. The best family lawyers I have worked with have been compassionate and sensitive to clients’ needs, but firm when necessary in handling their affairs. They are also dedicated, driven, and passionate about clients and their cases, good listeners, sensitive and understanding as well as being personable, trustworthy, open minded – and  non-judgmental.

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

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