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

The fear of starting all over again and all the financial worry that can bring with it can understandably have a profound effect on many people going through divorce or separation.

This anxiety can be particularly acute for those who have not had to deal with financial practicalities such as tax, standing orders and direct debits during their relationship.  

Below are some insights to help you stay on the right financial track.

Be Open and Honest

Not sharing financial information during a relationship can contribute to problems during divorce proceedings. 

One spouse may have no idea where the budget line is – or even where it should be drawn – and may have unrealistic expectations of what they are entitled to, or what is a realistic and affordable. 

One spouse may have hidden savings or income from the other or scrutinised the other’s spending without being transparent about their own. On divorce, there is nowhere to hide. It is fundamental that both spouses fully and frankly disclose everything they have to each other as a starting point for an informed negotiation.

The Importance of Financial Disclosure   

In every divorce, separating couples must provide to the other full details of their assets, income, pension and liabilities. This is known as financial disclosure.

Financial disclosure ensures that both spouses can make fully informed decisions about what they consider to be a fair settlement. A failure to disclose anything material to the settlement can in some cases lead to an agreement being set aside. Lawyers and judges know every trick in the book and will ask questions if they suspect that money has been concealed. They may even employ forensic accountants to track down missing assets.

Don’t be tempted to hide money in offshore banks. These still have to be disclosed.  If you do not provide everything that is necessary to understand the financial position, family courts have the power to question your accountant, your financial advisor and even your bank manager.

Setting up a new business shortly before separation may well be seen as suspicious or even a deliberate attempt to hide assets. Taking steps designed to put money beyond the reach of your spouse could lead to injunctions being made against you, freezing assets, or ordering the return of monies from third parties.  In the long run, actions such as these are highly unlikely to succeed and will almost certainly damage your credibility in the eyes of the court.

The Penalties of Concealing Assets

If it later comes to light that you have withheld material financial information during the financial disclosure process, your spouse might be able to ask the court to set aside the Financial Consent Order and relook at what would be a fair order – taking into account all the assets, including those not previously disclosed.

The court can also make an order that you pay your ex’s legal costs. In the worst-case scenario, deliberately withholding financial information in breach of a court order can amount to a contempt of court for which a range of penalties (including ultimately imprisonment) could be imposed.  

Include Pensions in Financial Settlements

Frequently overlooked in financial settlements, pensions are frequently one of the most valuable assets of a marriage. They often make up the second highest- value asset in a divorce settlement after the family home – or sometimes the highest.

It is key that information about pensions is made available in the financial disclosure process which must include details of all pensions, including state pensions – and the value of each one.

Pension sharing, the most common way in which a disparity in pensions is addressed in a divorce settlement, splits the pensions immediately and provides a clean break

As an alternative, in some cases ex-spouses prefer to take a greater share of the equity in the family home or other capital, as a trade-off for a share of the other’s pension.

Some divorces may involve several pension arrangements so it is important to consider which arrangements should be shared, and to what extent.  Pensions are complex and, save in very straightforward cases with pensions of limited value, it is important to get specialist advice about them before agreeing a settlement. 

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

In deciding what is best for them, the couple need to consider how their respective financial needs will be met and what other assets are available for distribution.

As part of our holistic approach, Jones Myers advises and guides our clients through the stages of divorce during and after their divorce.

Part 2 of this article will include how financial planning can prove useful, the importance of a formal Financial Order – and how to plan for your finances post-divorce.    

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

Image courtesy of Unseen Studio on Unsplash

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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Jones Myers Partner, Nicki Mitchell, is celebrating a career in family law spanning thirty years.

A skilled family lawyer, mediator and child inclusive mediator, Nicki was York’s first collaborative family lawyer in 2006.

She is a highly respected pioneer of Alternative Dispute Resolution (ADR) – non confrontational and constructive options for divorcing and separating couples which avoid going to court.

Nicki’s extensive expertise includes the financial aspects of divorce and separation, particularly complex cases involving family businesses, multiple properties, and complicated pension arrangements.

Jones Myers’ reputation in York as a leader in family law continues to go from strength to strength after Nicki headed the firm’s expansion to the city in 2019. Three years later the team marked further growth to bigger premises at Bootham Row in line with client demand.

The Legal 500 2025 Guide endorses Nicki as a Recommended UK Lawyer, who has “established a strong niche family law presence in York with an enviable reputation for specialist and tailored family law services”.

Nicki also retains her listing in the Family and Matrimonial category of the latest Chambers 2025 legal guide and is also ranked for her ADR expertise.

Highlighting her strong reputation in York, the guide says “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.”

Said Nicki: “My passion for, and commitment to, family law and seeking the best solutions for our clients is as strong now as when I started out thirty years ago. It has been tremendous to witness formative changes including no-fault divorce and the increase in options such as mediation and collaboration which avoid lengthy and expensive court litigation and put children’s best interests first.

“Jones Myers’ reputation for excellence is recognised across the UK and overseas and I’m proud to play a key role in the firm’s continued growth and development.”

Richard Peaker, Jones Myers Managing Partner, said: “We congratulate Nicki on her significant milestone and her exceptional track record. Nicki’s commitment and extensive expertise is instrumental to our standing in York and we wish her continued success.”

With headquarters in Leeds and offices in York and Harrogate, Jones Myers is a multi-award winning family law practice which has consistently achieved top tier rankings in legal guides for almost three decades.

Additional highlights include the firm winning the Client Care category of The Modern Law Private Client Awards 2024 for its outstanding service to clients.

For queries on divorce or 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 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

Pre-nups are in headlines as Jennifer Lopez and Ben Affleck face a messy and complicated divorce amid reports that they tied the knot without one in 2022.

While the assets of the high-profile stars, who are jointly worth $550 million, are a far cry from those of most divorcing couples, pre-nups – which set out how finances will be resolved – continue to be on the rise.   

This is because more couples embarking on marriage want to protect themselves and their assets, avoiding the potential distress, acrimony, and expense of disentangling their finances if they break up.    

The growing popularity of pre-nups reflects how more couples want to protect their own futures and do ‘the right thing’ by each other – and by any children, whose interests should always come first.

Pre-nups can work particularly well for couples marrying for a second time who often want to make sure they can retain their own wealth in the event of a separation and protect the interests of children from previous relationships.

The agreements can also give reassurance in cases where a wealthier spouse agrees to provide for the other spouse if they separate.

How do you go about getting a pre-nup?

• To enter into a pre-nuptial agreement properly, the  couple each need to obtain independent legal advice on the agreement
• Both must also have disclosed their assets to each other and the terms of the agreement must produce a result that is fair and reasonable
• The agreement should be negotiated and signed at least 28 days before the wedding. This allows both to obtain advice, have time to consider it, and make an informed decision on signing it

Do courts uphold pre-nups?

Increasingly courts are upholding pre-nups on divorce as long as they  are satisfied that the agreement was entered into freely, without undue pressure  and with the benefit of full financial information and independent legal advice.  

As the law stands, a court still needs to approve  the settlement at the point of divorce, ensuring the agreement meets the needs of both parties. If it does not, a different order can be made but this is very likely still to take the terms of the pre-nup into account to some extent.

Taking the time to draw up a pre-nup before marriage can avoid financial and emotional heartache in a marriage breakdown.   

Highly experienced family lawyers like Jones Myers can advise on pre-nups, post-nups or any aspect of family law. Call us 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 2024

Image by Takmeomeo, Pixabay.

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News that a man has been sentenced to jail after deliberately lowering the value of a house during his divorce is a salutary reminder of how both spouses must reveal all their financial information.   

During divorce there is no avoiding a full and frank disclosure of each other’s finances. Neither you nor your spouse should put you head in the sand or believe you can squirrel away and hide assets or income.

There are three areas to consider in the disclosure when working out who has what proportion of the joint finances – and for how long.

• Assets – including savings, investments, property, shares, and businesses
• Income – whether you are employed or self-employed, along with dividends and interest payments
• Pensions – the type of scheme and value

Both you and your spouse are required to produce a completed form which sets out in detail all your finances. Standard requirements include providing details of all bank accounts along with one year’s worth of statements for each account. In addition, pay slips and other documents are required to confirm the accuracy of the information.

The next priority is building a detailed picture of the needs and requirements of you and your spouse, both now and going forwards. This protects both of you, ensuring you each receive a fair settlement for your financial situation.

Despite the introduction No-Fault Divorce in April this year, financial settlements continue  on occasionsto remain more problematical and difficult during divorce proceedings.

We recommend you see an experienced family lawyer as soon as possible to obtain a good understanding of your financial rights and obligations.

Entering into negotiations without first understanding what you might be entitled to, or required to provide, can create an unrealistic expectation on you both and it may cause unexpected difficulties in the future. 

It is important to resolve (either by negotiation or through the courts) all the financial issues before the Final Order (the legal document ending your marriage for good) is made to ensure that both parties are financially secure.

Planning your future finances may be the last thing you want to do at such a difficult time. However, reaching a financial settlement that is mutually satisfactory and will stand up to legal scrutiny remainsa priority.

Giving clarity and certainty to you and your spouse, finalising the financial issues between you enables you both to look forward with security, optimism, and peace of mind.

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

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

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The strains of the Easter holidays on families and relationships may prove a trigger point for many spouses to contemplate divorce in the hope that their lives will ‘return to normal.’  

Filing for divorce is traumatic and life-changing with various studies revealing that between one third and one half of divorcees wished they had made more effort to stay in their marriage.       

Before taking the leap, answer these questions:

Do you still love your husband/wife?

A video of a wife who was on the verge of a divorce revealed she knew their marriage could be saved because they still loved each other. If your marriage is worth salvaging, consider counselling sessions to address your issues in a confidential environment.

How would divorce affect your children?

Many adults still remember the bombshell of their parents splitting up. Divorce can be long-lasting and, in some cases, damaging to children’s long-term health. Think through how terminating your relationship will impact on their interests which should always come first.

How would it impact on the wider family and friends?

A marriage break up can have far reaching effects on wider family members who may feel the need to take sides. How would it impact on your support network and important routines such as school runs, sports activities, and holidays? Being divorced can also change the dynamics of your friendships with other couples.   

Can you afford to be divorced?

Fear of starting all over again can cause a state of paralysis. This is particularly applicable to spouses who have not had to deal with financial practicalities such as tax, standing orders and direct debits.

Would you have sufficient income, where would you live – and how would that work for your children’s domestic, schooling and holiday arrangements?

If you are a mother who has stayed at home to bring up your children, would you need to return to work. If so, would this require, retraining, studying etc?

How would it affect your work?

If you are working, does your current work and career involve working shifts and unsociable hours? Would your employer be supportive if you divorced and required extra time off if the children were unwell or, for example, needed taking to appointments?

Would you be happier post-divorce?

Understanding what makes you happy is vital. While some people see divorce as a solution to their problems, many studies indicate that it does not necessarily make them happier.

As a niche family law firm, Jones Myers adopts a holistic approach to family law and has access to tried and tested professionals including counsellors and tax experts.

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

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Our commitment to deliver an outstanding experience to our valued clients sees solicitor Lindsey Cross join Jones Myers award-winning team.

Working exclusively in family law since 2004, Lindsey has extensive experience in divorce and the financial aspects of relationship breakdown relating to both married and unmarried couples.

Lindsey is the second new appointment to the Financial Remedies team headed by Managing Partner, Richard Peaker, since February this year.

The Department specialises in high net worth cases up to £250m, frequently managing matters involving tens of millions of pounds and the team is regularly instructed in multi- jurisdictional proceedings and cases involving complex corporate and (often offshore) trust structures.

 Said Richard: “Jones Myers is proud of its reputation to attract the best lawyers in its field, and we warmly welcome Lindsey who brings a wealth of experience in family law to our growing teams.

“She is respected by clients for her empathetic and honest approach in providing straightforward and realistic advice to manage their expectations and deliver the best outcome for their individual situation.”

Lindsey said: “Jones Myers is renowned and respected for being a long-standing leader in the field of family law which always delivers work of the highest calibre. I was keen to work on complex matters with a team of specialists whose standing is second to none.”

Our niche practice, which has offices in Leeds, York, and Harrogate, retained its Family Law Firm of the Year title North title in the latest Family Law awards. We have also achieved top tier in esteemed legal guides for over two decades.   

Our specialists include an in-house counsel, mediators, collaborative law experts and an arbitrator. They also comprise a former national chair of family law group Resolution, the current national chair of Resolution’s Specialist Accreditation Committee and an ex-Deputy District Judge. 

Our unique expertise and qualifications enable us to offer clients solutions which are best suited to their individual needs. They include processes such as Mediation, Collaborative Law and Arbitration.  

Which avoid a lengthy court process and can to a faster and more cost-effective resolution. 

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

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This week love is in the air as romance takes centre stage following Valentine’s Day. 

A flurry of marriage proposals and more couples pledging to move in together will have seen excitement levels and hopes for future happiness soar to new heights.

Amid the flurry of celebrations, it’s also important to consider the practical and legal implications of these momentous decisions.  

The number of cohabiting couples in the UK has rocketed 137%, from around 1.5 million in 1996 to around 3.5 million in 2020, when the latest figures were released.

While comprising the fastest growing type of family, partners who live together have less legal protection should they separate, or if one of them dies, than couples who are married or in civil partnerships.

This lack of protection extends to key areas such as savings, income, pensions, business interests – and, in particular, property.

We strongly recommend that unmarried partners consider a cohabitation or ‘living together’ agreement to help them decide what happens while they are together and if they split up.

The agreement sets out who owns what and in what proportion, how property will be divided along with what will happen with personal belongings, savings, debts, pensions and other assets on separation.

Documenting how children will be supported, it outlines how to deal with bank accounts, debts and joint purchases such as a house or car, along with pet ‘custody’ issues.

The contract can be drafted before or during a couple’s time together. It can also be amended as long as both parties agree that the original agreement should be changed, and how.

While it may not be considered romantic to agree the ‘what if’ scenarios should one partner leave, win the lottery or die, this safeguard can potentially save emotional and financial trauma at a later stage.

The arrangement, which is enforceable, can be set up through virtual “round-table” meetings within the collaborative process and can reduce the likelihood of cohabitees being left destitute.

It is important that each party seeks independent legal advice and discloses all financial information in the lead up to signing the agreement, which should be reviewed regularly.

Jones Myers has extensive experience in drafting cohabitation agreements and, sadly, in dealing with disputes arising from separations where there has been no such agreement.

Couples who are planning their weddings this year may want to consider a pre-nup, a widely accepted contract to set out how their finances would be divided should their marriage breakdown.

More advice and information on pre-nups can be found in our recent blog.

For queries or concerns on cohabitation agreements, pre-nups, post-nups 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    authors is rewarding. Please use the following credit line in your project:

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By Jones Myers founder, Peter Jones

News that the number of divorcees forced to share pensions has plummeted to a 10-year low re-enforces how pensions remain an undervalued asset in settling financial claims on divorce.   

The report says the courts ordered over 10,500 people to split their pensions with their former spouse in 2020 – a 33% drop from 15,000 in 2019. The reduction also coincides with retirement savings increasing during the pandemic. 

Pensions are frequently one of the most valuable assets of a marriage, often making up the second highest value asset in a divorce settlement after the family home.

They are also key in the financial disclosure process of divorce which produces a full statement of the current earnings and assets of divorcing couples. The process aims to ensure each couple receives a fair settlement which could include a division of the pension benefit fund. 

The most popular way of reaching a divorce settlement is pension sharing which provides a clean break between parties, as the pension assets are split immediately.

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 involve several pension arrangements so it is important to consider which arrangements should be shared, and to what extent. Expert advice from an Independent Financial Adviser will assist with this along 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 what other assets are available for distribution.

Agreed financial settlements which avoid going to Court can also be decided through alternative processes including Mediation where an impartial third party “the mediator” helps separating couples 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 LawArbitrators qualified to decide the outcome of financial and property disputes, I am arbitrating on an increasing number of cases which often include pension arrangements.    

Once an agreement (referred to as an Award) has been decided with the above processes, details are submitted to the court for an order which enables a pension share to be implemented. 

If going to Court is necessary, Jones Myers lawyers can advise divorcing couples on the option which may suit them 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

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The last 12 months have undoubtedly proved a turbulent and testing time for everyone.

This includes the thousands of couples who moved in together during lockdown for practical and financial reasons – and to reduce the risk of passing on the virus.

The emotional rollercoaster sparked by the pandemic has taken its toll on even the most robust relationships – not to mention its devastating economical impact.       

Spring is symbolically a time of renewal and, as we readjust to our former lives and freedoms over the coming weeks, we recommend couples who are continuing to live together to protect themselves should they break up.  

Cohabiting couples are the fast growing family type in Britain – but, unlike married couples, they do not have any legal protection or rights if their relationship goes sour.

These rights right span savings, income, pensions and business interests and property. In 2020 the Mortgage Advice Bureau saw a 60% year-on-year rise in applications from cohabiting couples, indicating the lockdown had accelerated the moving in process for many.     

We urge unmarried partners to consider a cohabitation or ‘living together’ agreement which sets out what they want to happen – both while they live together and if their relationship ends.

The agreement clarifies who owns what and in what proportion. It also includes how property will be divided and what will happen with personal belongings, savings, debts, pensions and other assets.

Documenting how children will be supported, it outlines how to deal with bank accounts, debts and joint purchases such as a house or car and can also address pet ‘custody’ issues. 

The agreement can be drafted before or during a couple’s time together. It can likewise be altered as long as both parties agree that the original agreement should be changed, and how.

Agreeing the ‘what if’ scenarios should one partner leave, win the lottery or die, this safeguard can potentially save emotional and financial trauma at a later stage.

The arrangement, which is enforceable, can be set up through virtual ‘round-table’ meetings within the collaborative process and can avoid the likelihood of cohabitees, particularly those with children, being left destitute.

It is important that each party seeks independent legal advice and discloses all financial information in the lead up to signing the agreement, which should be reviewed regularly.

Jones Myers has extensive experience in drafting living together agreements and, sadly, in dealing with disputes arising from separations where there has been no such agreement.

For queries or concerns on living together agreements 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

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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

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