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

In 2026 more couples who are divorcing and separating are expected to choose non-confrontational ways to legally end their relationship and put their children’s best interests first.   

Among the options available to couples who want to deal with the consequences of their separation in a spirit of cooperation is collaborative family practice, where couples commit to avoid the court route and work together with specially trained lawyers to make their own decisions about the future.    

How does it work – and who is involved?

You and your ex each appoint your own collaboratively trained lawyer and have a series of meetings where you all work together to identify, address and resolve financial, parenting and other key issues. Like mediation, the process is entirely confidential.    

Collaborative family lawyers  provide support and legal advice throughout the sessions. Accountants, independent financial advisers, pensions advisers and/or childcare specialists can also attend and provide guidance on a neutral basis. You have as many or as few meetings as are necessary to resolve the issues between you. 

At the outset you, your collaborative lawyers and any other specialists involved sign a Participation Agreement that commits all of you to strive to reach resolutions without going to court.

The Agreement  prevents your collaborative lawyers from representing you in court if the collaborative process breaks down, ensuring everyone is wholly bought into making the process work.   

What are the advantages and disadvantages?

Like mediation, collaborative family  practice puts you and your ex in the driving seat so you can progress the sessions at your own pace, working around your respective work and family commitments.

Faster, less stressful and more cost effective than going to court, it ensures that everyone involved is committed to achieving a solution. In times where transparency is encouraged in the family courts and journalists can attend hearings, collaborative practice guarantees your family’s privacy.

What happens if a successful outcome is reached?

Once an agreement is reached, your lawyers will formalise it, obtaining a formally binding Court Order without you having to go to court.

What if talks break down? 

At any time during the sessions either of you can terminate the process through a Formal Notice of Withdrawal. Again, as in mediation, failure can be avoided with the right support, including where necessary, an early neutral evaluation or arbitration on disputed legal issues.

How does this process differ from mediation?

In mediation, family mediators are neutral – they cannot give advice to either of you as their role is  to facilitate discussions leading to your own decisions being made.

Collaborative family lawyers, however, can advise those they represent at the same time as conducting the negotiations. As highlighted above, they also sign an agreement to avoid court, providing a positive investment in the process for the whole team.  

Our specialist family lawyers help our clients to prepare for non-confrontational routes to divorce, working with them to achieve their desired outcomes.  

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

Jones Myers blog is ranked 4^th in the UK’s Best 20 family law blogs and websites to follow in 2026.

Image courtesy of Eric Ward, Unsplash

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By Jones Myers Partner Nicki Mitchell – Mediator and Collaborative Family Lawyer

We have previously shared insights on staying on the right financial track during divorce, particularly if you have not had to deal with managing practicalities such as tax, standing orders, direct debits during your marriage.    

Our tips included vital areas such as Financial Disclosure, how concealing assets can incur stiff penalties – and why pensions are vital to include in financial settlements.

In this article we look at key areas when planning your finances post-divorce.      

Obtain a formal Financial Order

Once a financial settlement is agreed, it is almost always best for the terms agreed to be made final and binding in a Court Order. This legally binding document details the main assets owned by divorcing couples and sets out the financial arrangements agreed between them. The terms of an order are binding and can be enforced through the courts if there are any problems putting those terms into effect.

It is important to understand that the divorce process itself does not dismiss financial claims which can be pursued many years after the divorce has been finalised, provided the person bringing the application has not remarried. It is vital to have this conversation when separating.  

Avoid exceeding your budget 

I am not a financial adviser, but these are some pointers which might be useful to think about:

1. Create a ‘to do’ list of all things financial (bills etc) and one for enjoyable things like breaks
2. Consider having two bank accounts – one for day-to-day expenses and associated expenses, direct debits, standing orders and credit card payment. The second for savings for exceptional expenses – non-essential clothing, holidays, house repairs.
3. Set out the absolute and exact payments needed every month for your house and family 
4. Know when your maintenance payments arrive and budget accordingly. Ensure standing orders don’t go out before monthly payments are due in
5. Apply to your Council for council tax discount which applies if you are on your own or have younger children  
6. Expand your support network if you’re on your own or have children
7. Take professional advice on preparing/budgeting for your retirement
8. Make a will. If you have a pension or life assurance, ensure it includes your chosen beneficiaries and is updated. Review it every few years.
9. Stay healthy in body and mind

Spousal Maintenance and Child Maintenance

Spousal maintenance will usually be paid for a period of time to enable you to adjust to financial independence or when your financial needs are reduced, for example if you are unable to work through illness.

Spousal maintenance will stop if you remarry or enter into a civil partnership or if either of you dies. It could also be affected if you meet a new partner and move in together

Plan for when child maintenance terminates. Child maintenance is payable for children under sixteen and youngsters under twenty who are still in full time education.

Consider Financial Planning

Obtaining financial advice during settlement negotiations can be helpful. Many financial advisers use cashflow modelling, which examines how different settlement options might pan out in the future. In processes such as collaborative practice or mediation, it is quite common to bring a financial adviser into the process as a neutral to help the discussions. Further financial advice can then be taken on an individual basis when settlement terms are clear.

Jones Myers works with tried and tested financial advisers who we can recommend to our valued clients. Financial advice pre-divorce and post-divorce can help you to stay on the right financial track as you embark on the next phase of their lives.

This article was originally commissioned for, and published in, The Divorce Magazine.

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

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

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By Jones Myers Partner, Nicki Mitchell, and Gary O’Brien, Ardent Financial Planning

Following a relationship breakdown, separating couples face multiple challenges which can seem  extremely daunting.

When walking into a solicitor’s office, or appearing for the first time on a screen,  heads are full of anxiety about numerous issues, often jumbled together. 

It is the role of highly experienced family lawyers like Jones Myers to disentangle those anxieties, work out what we can do anything about – and give clients a plan to get through it.

There are three key challenges facing separating couples:   

• Managing the emotional aspects around the changes in their key relationships;
• Disentangling their finances;
• Understanding and working within the legalities of divorce and financial arrangements.

Our role as trusted family lawyers and financial planning professionals is to help clients understand and manage the potential long-term financial and emotional consequences of any decisions they make.

Jones Myers’ locations include York where we launched a vibrant collaborative community of professionals in 2005.

Over the last two decades this long-standing collaboration has enabled us to support  families to achieve long term resolution of financial and emotional issues arising from separation more effectively than litigation (going to court) or endless solicitors’ correspondence.

We collaborate by drawing on the skillsets of professionals  including lawyers, Independent Financial Advisors (IFAs), mediators and coaches who are best suited to provide support for the three key challenges.  

In developing our ‘best practice’ to provide the best possible support for  our clients we have taken inspiration and learning from professionals elsewhere in England and Melbourne in Australia.

This collaborative process is effective and straightforward. When we receive an enquiry, we ask the prospective client if they would be prepared to work with their soon to be ex as part of a team to reach an agreed settlement that provides the right bespoke support and works for them both going forward.    

We explore with our clients the potential impact of short-term decisions on the long-term future of themselves, their children and their wider family, help to identify what matters most to them and help them to focus on  future stability and peace and avoid positions and “quick wins”.  

We find that the  interaction between a family lawyer and an IFA is particularly advantageous for our clients.   

Working impartially in the couple’s joint interests, an IFA focuses on the financial realities such as how cashflow plans enable clients to understand the long-term outcomes of different settlement options and the impact of their decisions on their future long-term peace and security.

The neutral, transparent, and co-operative nature of the collaborative process promotes a spirit of cooperation,  reduces suspicion – and brings long lasting benefits. 

We have seen time and again how, after attending an initial meeting feeling bewildered, our clients leave with a sense of confidence that they can start to look to the future.

A consultant surgeon, who took part in our first collaborative team case said: “It has been a pleasure working with a group of people who all take their professions as seriously as I take mine.”

Since 2005, these words have been echoed by dozens of separating couples who, thanks to this process, have seen their way through the fog of anxiety and embraced the next chapter of their lives.    

The full version of this article, commissioned by family law group, Resolution, can be found in this link

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

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

About Nicki Mitchell

With over three decades of experience in family law, Nicki specialises in the financial aspects of relationship breakdown – and particularly complex cases involving family businesses, multiple properties, and complicated pension arrangements. 

A skilled Mediator, Child Inclusive Mediator and Collaborative Family Lawyer, Nicki champions Alternative Dispute Resolution processes which avoid a lengthy court process and can lead much more quickly and cost effectively to a successful resolution.

Her exceptional track record also includes advising clients on the more traditional methods of resolving issues surrounding family breakdowns. Nicki.mitchell@jonesmyers.co.uk 

About Gary Ardent 

Gary is one of the founding directors of Ardent Financial Planning, helping to set the firm up in 2006. He is a Chartered Financial Planner with over 35 years of experience in financial services. His professional passion is to help people to organise their finances and their future. His time at work is split between guiding clients towards their chosen future lifestyle, whilst helping to run the business. For more information, visit https://ardentuk.com/

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Jones Myers has appointed Sarah Barr-Young, a family lawyer with extensive expertise, to head the firm’s Financial Remedies Department in Harrogate.

Highly experienced in complex, high net worth financial disputes, Sarah’s reputation in business property portfolios, pensions on divorce and resolving disputes out of court through negotiation is widely recognised.

A named Legal 500 ‘Key’ Lawyer and Chambers ‘Notable Practitioner’, Sarah is valued by clients as a knowledgeable, ‘no nonsense’ strategist who is patient and empathetic.

Sarah is delighted to be back in Harrogate where she was born and attended junior school. She said:  “I am a long-standing admirer of Jones Myers’ standing for delivering excellence in client care and legal services of the highest calibre and regard this opportunity as a real honour.

“It is also a privilege to be taking over from Neil Dring, a highly dedicated and compassionate family lawyer. I had the pleasure of previously working with Neil who sadly passed away earlier this year following an illness.”

Richard Peaker, Jones Myers Managing Partner, said: “Sarah’s first-class reputation in divorce and financial remedies is widely renowned and respected and she is a great asset to our award-winning team.

“We wish Sarah continued success in her career as a key member of our committed lawyers who are recognised as leaders in their field.”         

Sarah’s appointment comes in a formative year for Jones Myers, which has also doubled the size of the York city centre team with a series of new appointments.

With headquarters in Leeds, the firm, which has its own in-house counsel, has retained its top tier rankings in the Legal 500 and Chambers UK guides for over three decades.

Jones Myers is also ranked in the top five per cent of UK law practices which deliver family law services by Review Solicitors, an independent legal review site. Outperforming its peers nationwide, clients award the practice a consistent ‘Excellent’ rating. 

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

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

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Jones Myers has paid tribute to Neil Dring, a senior family law specialist who has recently passed away following an illness.

A very experienced and talented family lawyer who worked in the field for most of his career, Neil joined Jones Myers in 2022 heading the Divorce and Financial Remedies team in the firm’s town centre Harrogate office.

Highly respected across Harrogate and the Yorkshire region, Neil’s reputation and expertise was well known and recognized in the divorce and separation cases that he dealt with, especially those involving complex high net worth financial disputes, advocacy, property transfer and pension cases.

Richard Peaker, Jones Myers Managing Partner, said: “We are deeply saddened by the news of Neil’s death and send our heartfelt condolences to his family and friends. Neil was an extraordinary family lawyer whose unwavering dedication and compassion touched countless lives. Neil’s passing is a great loss to the legal community and to all who had the privilege of knowing him.

“We were delighted when Neil, a hugely committed and highly skilled family lawyer, joined our firm. His valuable contribution to, and passion for, family law and most importantly securing the best outcomes for his clients, was outstanding and he will be sorely missed by all of us.”

After studying at Nottingham University, Neil qualified in 1984 and embarked on roles specialising in family law in South and North Yorkshire. Those who inspired him included his late father-in-law and his own father. He was also amused and entertained by fictitious ‘Rumpole of The Bailey’ barrister, Horace Rumpole created by author John Mortimer.

A champion of resolving relationship breakdown by non-confrontational means, Neil’s dedication to family law and his local community involved him in events which included representing Jones Myers at the Harrogate Chamber of Commerce.

Martin Mann, Chief Executive of Harrogate District Chamber of Commerce, said: “All of us within the Chamber and the wider business community in Harrogate will remember a kind, charming and generous man with a real passion for his work and zest for life. Neil lit up a room with his warmth and inimitable wit, and he will be sorely missed by those who knew him,”

An ardent supporter of the firm’s longstanding charity partner, Henshaws which supports 4,000 service users with sight loss and wide-ranging disabilities, Neil undertook volunteering work in the gardens at Henshaws Arts & Crafts Centre, giving up his time and offering his support.

He was also a regular contributor of podcasts giving listeners insights and information on divorce and financial related issues on Your Harrogate radio station.

Kate Banerjee, Jones Myers Partner, added: “Neil will be remembered not only for his expertise in family law coupled with his deep sense of empathy, but also for the fact that he helped countless individuals navigate some of life’s most challenging moments.”

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By Jones Myers Partner, Nicki Mitchell – mediator, child inclusive mediator and collaborative family lawyer

The New Year is key for many people planning how best to manage their money in 2025, especially after all the expense of the festive season.

Many spouses – particularly those who are going through separation and divorce – will want to know their rights regarding Spousal Maintenance – a payment made by one party to the other as part of the financial settlement on their divorce or separation.

Usually, it is paid every month and can last for either a defined period or, in increasingly rare cases, until one of the former spouses dies.

Spousal Maintenance is different from Child Maintenance, which is statutory. It is not an automatic entitlement and only applies to divorcing couples. I share some key insights below.

How is the amount and duration agreed?

There is no set formula for working out Spousal Maintenance payments. How much is paid and for how long can be settled through mutual agreement between a spouse and their ex during divorce proceedings.

Information is exchanged about each spouse’s income and their monthly outgoings. If one spouse has insufficient income to meet their needs and the other can afford to make up or contribute to that shortfall then Spousal Maintenance may be appropriate.

Interim Spousal Maintenance can be agreed or ordered in the initial stages of separation to ensure that the spouse who is weaker financially can manage their basic monthly outgoings.

Does getting Spousal Maintenance involve going to Court?

If the couple are unable to come to a mutual agreement, the Court can decide whether Spousal Maintenance should be paid.

In every case the Court must consider the possibility of a Clean Break Order – which severs all financial ties between the couple.

If a Clean Break Order is not appropriate immediately, the court will order what the Judge considers to be a reasonable level of Spousal Maintenance – and for how long this must be paid.

The court will have before it detailed information about the income available and each party’s income needs. Spousal Maintenance is usually only ordered for a fixed period of time, long enough to enable an adjustment to independence.

How can couples reach a solution without going to court?

More couples are turning to non-confrontational options, which allow them to retain control of decisions which affect them, put their children’s best interests first and avoid costly and destructive court battles.

They include negotiation, mediation or collaborative practice where couples and their lawyers commit to find a positive solution without going to court and sign a binding agreement to that effect. Our specialist lawyers at Jones Myers have extensive experience in advising couples in these areas.

In what circumstances is Spousal Maintenance terminated?

When Spousal Maintenance ends will be set out in the court order. Typically this will be when the spouse receiving the payments has had time to adjust to independence or when their financial needs are reduced. For example, when the children finish school or university, or they leave home.

Spousal Maintenance will cease when one of the spouses dies or if the recipient of the maintenance gets married again or enters into a civil partnership.

What happens if the circumstances change?

If the circumstances of the spouses alter significantly after a Spousal Maintenance Order has been made, they can agree to change the payments ordered and send an agreed order to the Court which supersedes the original order. If agreement is not possible then either of them can apply to the Court to vary the terms of the order.

The Court will consider factors such as changes in income, employment status or financial needs to assess if a variation is appropriate.
Experienced family lawyers like Jones Myers have extensive experience in helping our clients to understand their legal position and options regarding Spousal Maintenance.

We can also assist in negotiating agreements to reach a fair and mutually acceptable solution. If an agreement cannot be reached through negotiation, we can represent clients in court proceedings to seek a Spousal Maintenance Order or to vary an existing order.

For queries on Spousal Maintenance or any aspect of family law, call us 0113 246 0055 (Leeds) 01423 276104 (Harrogate), 01904 202550 (York). Visit www.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet @helpwithdivorce

Jones Myers blog is ranked 8th in the UK’s Best 25 family law blogs and websites to follow in 2025.

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Jones Myers flies high in Chambers rankings

Jones Myers’ reputation as a leader in its field sees the firm retain another top tier legal guide listing – with more of its specialist family lawyers ranked for their expertise.  

Chambers 2025 legal guide has awarded the muti-award winning family law firm a Band 1 ranking for the whole of Yorkshire.

The latest edition applauds Jones Myers’ expertise in dealing with financial remedy proceedings along with cases involving shareholder issues, property portfolios and complex pension schemes.

It also highlights the practice’s ability to handle complicated children cases, including matters concerning abuse, abduction and exploitation.

Managing Partner, Richard Peaker, who advises on high-value matrimonial finance disputes and advises landowners and high-earning professionals on divorce and cohabitation matters, retains his Band 1 ranking.

Based on client interviews and testimonials, the guide says: “Richard is extremely experienced and I regard him absolutely as a go-to matrimonial finance specialist in the region.”

Partner Kate Banerjee, head of the Children’s Team and recognised as “the go-to children specialist in Yorkshire” also remains in Band 1.

Hailed as “a phenomenal lawyer and someone I recommend,” the guide describes Kate as  “an exceptionally good quality solicitor” who“always goes the extra mile for the client.” 

Retaining her listing in the Family and Matrimonial category, Partner Nicki Mitchell is also ranked for her expertise in Alternative Dispute Resolution (ADR) – non confrontational options for divorcing and separating couples which avoid going to court.   

A collaborative lawyer, accredited family mediator and child inclusive mediator who heads the firm’s York office, Nicki’s expertise includes matrimonial finance disputes and private children matters. 

Highlighting her strong reputation in York as, clients laud how “Nicki has her clients’ best interests at heart,” is “very sensible and very good in her approach” and is “pragmatic, sensible and comes to a positive solution.”

Jones Myers Partner, Elizabeth Bell – described as a “very talented” and “high-quality lawyer”whose“conduct, management and handling of clients is superb“ – is ranked for the first time.

Advising clients on matrimonial finance matters, including complex elements such as pensions, trusts and domestic abuse allegations, clients stress how “Elizabeth is highly committed to delivering the best possible outcomes for clients. She is passionate about achieving a fair outcome and is very experienced.”

Said Managing Partner, Richard Peaker: “We are immensely delighted with, and proud of, Chambers glowing accolades which reflect our lawyers’ unique breadth and depth of expertise.

It is tremendous that even more of our specialists are acknowledged as leaders in their field in the 2025 edition. We give our heartfelt thanks to our dedicated teams for upholding our reputation for continuously delivering excellence in client care.”

The listing follows Jones Myers’ top tier Legal 500 2025 ranking which re-enforces the practice’s ‘first class reputation for private client money and children work’ and lauds its ‘perfect blend of vast experience and strength in depth.’

With headquarters in Leeds and offices in Harrogate and York, Jones Myers has retained its ‘best in class’ standing in legal guides for almost three decades.

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

Jones Myers blog is ranked among the UK’s Best 25 family law blogs and websites to follow in 2024.

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By Jones Myers Partner, Nicki Mitchell

A Financial Consent Order, which divides financial assets between separating couples, is vital in protecting them from future financial claims.

Once approved by a court, a consent order becomes legally binding and its terms are enforceable in exactly the same way as an order made by a Judge after a contested court hearing.  The positive is that agreed orders are much less likely to need to be enforced than those imposed by a Judge.

If your order is being ignored, we always advise, wherever possible, to contact your ex to understand why they haven’t done what the order requires before initiating legal action.

There might be genuine reasons for their failure to comply and communicating with them may resolve the problem. This is something which a court will expect you to do in any event before any enforcement application is made.

If this approach doesn’t work or your ex fails to respond, you may want to seek legal advice with a view to taking legal action.

The penalties for breaching a Financial Consent Order include the risk being in contempt of court and possible severe penalties such as a fine, imprisonment – or both. The legal avenues to address a refusal to comply with a Financial Consent Order include:

Enforcing orders for sale of property

The courts possess stringent powers to ensure orders for sale of property are put into effect.  Where your ex is failing to do what is required to market a property, the court can make an order giving you the power to progress the sale without their input.  The Judge can even sign key documents on behalf of your ex if they refuse to do so.

Charging Order

If there is an unpaid lump sum and your ex owns property, the court can make a charging order. This is registered against the property. If the debt remains unpaid, you can make an application to enforce the charging order by a sale of the property.

Attachment of Earnings Order

This court order compels your ex-spouse’s employer to make regular deductions from their wages and send them to the court until the money owed is paid.  Attachment of earnings can be a useful means of enforcing maintenance orders.

Third-party Debt Order

A court can order that money be taken from your ex’s bank account or from other monies owed to them.

Warrant of Control

A court order where the court instructs bailiffs to collect the money owed by seizing your specified assets and selling them to pay the debt.

At Jones Myers we help our clients navigate the enforcement process. Alternatively, if their circumstances change and they cannot fulfil the obligations outlined in their Financial Consent Order, we can guide and support them to seek a variation of the order.

For queries on Financial Consent Orders or any aspect of family law, call 0113 246 0055 (Leeds), 01423 276104 (Harrogate), or 01904 202550 (York). Visit www.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

Jones Myers blog is ranked among the UK’s Best 25 family law blogs and websites to follow in 2024.

Image courtesy of Wara-cro-mt, Pixabay

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