There has been a dramatic rise in the number of litigants in person – those representing themselves in divorce court hearings – to decide children’s best interests.

This is because litigants are trying to reduce costs following the government’s abolition, in 2013, of Legal Aid in private law children cases where agreement cannot be reached on finance, contact or residence.

However, in our vast experience, representing yourself can bring many pitfalls for litigants in person. Not only is there the anxiety of speaking in court to a Judge but there is usually a substantial amount of paper work to prepare and also read. It is difficult to be objective when reading allegations from your own partner. Problems can likewise arise in understanding the Law and also appreciating what issues will be important to a Judge.

Even the most articulate people representing themselves struggle to get to grips with the finer points of law, the standards of evidence and the advocacy techniques that professionals take years to develop. The system is highly adversarial and cases need to presented in a technical way, requiring both knowledge and an emotional distance that parents will find hard to muster.

There is also a woeful lack of support and assistance in court for self-representing litigants.

The culmination of the above can lead to very highly charged hearings, with many of the marriage’s tensions and other arguments often aired in court – all of which can prolong the trauma for everyone involved, including the children.

Jones Myers’ highly trained Children Department lawyers always advise parents to consider the options for divorce by settlement – collaboration, arbitration and mediation – rather than a court battle. As well as being less confrontational, less stressful and completely private, they can result in a swift resolution and save on legal expenses.

Jones Myers partner and head of Children’s Department, Kate Banerjee, has ‘Higher Court Rights’, something fewer than 2,500 solicitors have in England and Wales, which enables her to offer clients an all-round litigation service.

Kate and her colleagues can also introduce parents going through divorce to support groups, counsellors and life coaches, to help guide them to making the right choices and ensure their wellbeing.

Whatever route is chosen, it is advisable to have legal representation to prevent matters spiralling out of control.

If a court hearing cannot be avoided, costs can be kept to a minimum by appointing a family law firm whose in-house expertise removes the need for a barrister. This can reduce fees by two thirds.

If you have any comments, queries or concerns on representing yourself in court or any other divorce related issues, leave a comment below, call the team at Jones Myers on 0113 246 0055 or tweet us on @helpwithdivorce.

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Could a landmark Supreme Court ruling allowing a woman to make a claim for financial support from her ex husband 20 years after their divorce open the floodgates for similar claims?

The unanimous decision by five Supreme Court judges to allow Kathleen Wyatt to seek a payout from her former husband multimillionaire Dale Vince is unprecedented.

Ms Wyatt and Mr Vince were penniless New Age travellers with a small son, Dane, at the time of their divorce.  Dale Vince made his fortune years later after founding the successful green energy company Ecotricity and was awarded an OBE. While Mr Vince is said to be worth £107m, his former wife lives on a limited income.

Many family lawyers and media commentators doubted that Kathleen Wyatt would win her case after such a long time lapse. I was not surprised as I had been involved in a not dissimilar case at the Court of Appeal some years earlier. The judges disagreed and they ruled that because there was no financial order in place at the time of the divorce – and no time limit in family law on making such orders – Ms Wyatt could apply to the Family Division of the High Court to make a claim for financial support.

There is no guarantee that Ms Wyatt will receive a substantial payout from the family court. However, the Supreme Court ruling is a timely reminder to all separated couples to have an order in place when they divorce to ensure that there will be no financial claims in the future.

Without this ‘closure’ either party could, like Kathleen Wyatt, come back with a claim for financial support from their ex many decades later. This can apply to husbands just as much as wives.

Although few people are likely to amass millions like Dale Vince, there are many of more modest means who could find their finances looking healthier some years after a divorce.  For example, an inheritance or a lottery win could change someone’s financial status substantially. Without a financial order an ex husband or wife could make a claim on that windfall.

The only way to ensure that future wealth and assets are protected is to seek legal advice when you are considering divorce. However, the demise of legal aid means that many thousands of divorcing couples are denied access to the expert advice they need.

Droves of couples are now undertaking DIY divorces and may not have considered the need to have robust financial orders in place which will give clarity and certainty to avoid delayed claims coming home to roost. Many may come to mutual agreements not endorsed by a court and which could come back to haunt them in the future. Whilst that may seem to be fine it is a recipe for disaster many years later.  No one should have to return to the court years later with all the anguish, stress and cost risking damaging a new relationship.

Dale Vince has described the court’s decision as “mad”, but his rags to riches tale should be a salutary lesson for all divorcing couples.

If you have any questions or concerns about financial orders, or any aspect of separation or divorce, please leave a comment below, drop us an e-mail or tweet us @helpwithdivorce

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I was saddened but not surprised to read how one in seven employees revealed that relationship breakdowns have set productivity plummeting in their workplaces.

The findings of a Resolution survey which interviewed 4,000 adults online also highlighted that 9% of staff either had to leave their jobs as a result of divorce or separation from a cohabiting relationship – or knew a colleague who had done so. Six per cent of recipients said work colleagues had been off ill with the stress of a breakup – and 5% outlined how separation or divorce had reduced productivity.

Among the worrying revelations is that only 10% of workers think their employers offer adequate support for employees going through a breakup, while 34% say more support is needed in the workplace for people undergoing separation or divorce.

I wholeheartedly agree with the survey’s findings – particularly against a backdrop where stress caused by divorce has been exacerbated by the demise of Legal Aid.

The report is a strong call to action for employers and their directors and managers to take measures to ensure that the welfare of their people remains a priority. There are over two million small businesses in Britain – i.e. companies with less than 50 staff – and it is vital that employees are on top form. Having one or more off sick invariably affects the bottom line.

It is likewise inevitable that the impact of undergoing marriage and relationship breakdowns will also permeate people’s working lives. Therefore anything that can be done to support workers going through trauma and problems should be encouraged as the right and logical thing to do for the sake of the business.

With 42% of UK marriages expected to end in divorce, we have previously mooted the idea of employers introducing workplace divorce surgeries as a staff perk – stressing how seeking out expert legal advice at the early stages of a relationship breakdown can help prevent confrontation and chaos later.

Although there is a plethora of information available these days, I still find that there are a lot of urban myths still abounding. For example, only recently clients have come to us believing that there is a legally recognised relationship often referred to as the “common law wife”, that in relationship breakdowns everything is split “down the middle”, that children of separating couples live automatically with their mother – and that every divorce case has to go to Court for a decision on financial matters – all of which are not true. Bosses are therefore advised to speak to an enlightened family lawyer to dispel these myths and put things into context.

The family lawyer is the gatekeeper/project manager who can identify what sort of help is required in any particular case. The employer should benefit as well as the employee, as what is good for one is generally good for the other. It will also show the member of staff that their boss cares – certainly something that will make a difference to the employee.

Employers can also take action by commissioning an experienced life coach to support their people though the non-legal issues that arise at this difficult moment of change. This support can help workers to get into a mind-set where they can make rational rather than emotional decisions.

The countdown to Christmas and the festive break is undoubtedly a period when extreme emotional and financial pressures can push an unstable relationship into breakdown.

With this in mind, employers forecasting their sales and profitability figures for 2015 can also ensure they know how to access the available support required in such situations – for the wellbeing of their people and the financial health of the business.

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Figures reveal that nearly half of all parents fighting to gain access to their children are doing so without legal advice, which only emphasises the unfairness of the current system – particularly if one parent is represented by a solicitor and the other is not.

Divorce is stressful enough without the added trauma of not having the professional support to guide you through the process

The survey, conducted in partnership with the Magistrates’ Association, surveyed 461 magistrates sitting in a variety of courts across the UK and revealed that justice really is limited to those who can afford it.

These results do not surprise me. Readers of our blog will be aware that we raised concerns about the cuts to legal aid back in 2013 when Lord Neuberger warned that that there would be serious repercussions as a result.

My fear has always been the impact these cuts would have on families and children – and unfortunately, it would seem I am now proved right.

And it is not just the children who are disadvantaged: it is also the court system itself which is failing. Cases which should only take an hour are now taking a whole day because parents representing themselves often do not understand the process, or are too stressed to present their case effectively.

There is also a risk that courts may make the wrong decision in cases where litigants in person don’t know what information to bring before the court.

So what is the solution? Some would say the court issues could be solved by increasing the number of judges and staff but this is unlikely to happen. Realistically, the problems flow not because of a lack of staff, but because there are many people representing themselves in contested and bitter fights in court.

Although the Government believes that mediation is panacea of all ills, it really only applies to couples who have both signed up willingly to the scheme and want to help themselves. Even this fails more often than not because both sides are so entrenched in their own opinions that it usually takes a court to resolve the issue or impose solutions.

The issue is much more complex and needs to be revisited. By removing legal aid, the problems that have been under the surface are now being exposed which is why it is important to take action sooner rather than later.

Incredulously the Ministry of Justice states that legal aid remains available, yet the department’s own statistics reveal that between 1 April 2013 and 31 March 2014, less than 1 per cent of the 828 family law applications for legal aid were successful.  Further proof perhaps that government is out of touch, or worse, doesn’t care?

Should the government re-examine the issue of family law and legal aid? What is the impact for the future?  Please share your views by leaving a comment below, drop us an e-mail or tweet us @helpwithdivorce

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On April 22, the family justice system had a major reboot to make it more streamlined and efficient. Many of the changes are concerned with how the courts that make up the system are re-organised and re-designated.

But there is one very important change that is it worthy of more widespread comment. It is now compulsory for anyone planning to divorce  to attend a mediation information and assessment meeting (called a MIAM) before they may apply to take disputes over children or finances, including property and pensions, to court.

For many working in the family justice system, the requirement to meet a mediator to discuss other options before being allowed to go to court cannot come soon enough. Since legal aid was largely withdrawn from family lawyers a year ago, the family courts have seen an explosion in the number of people representing themselves.

Data secured under the Freedom of Information Act reveals that in November and December 2013 over half (52%) of all parties attending court proceedings about child matters were unrepresented. This is unprecedented. Moreover, the same data reveals that between April and December 2013, family courts across the UK had to deal with a third more unrepresented parties, compared to same period in 2012.

This is causing delays for all court users, as someone who is not properly represented is entitled to receive additional help from the judge for which there is not adequate court time available. It means delays for resolving cases relating to child contact and residence, as well as financial matters.

But will the siren call from government to “mediate, not litigate” actually work?

Unless the public is better informed about its benefits, I have my doubts. Mediation is effective because it is a voluntary process which enables parties to stay in control of some of the most important decisions about their family’s life. Despite mediation being available in the UK for almost 40 years, that message is not reaching those who need to hear it most.  It is a message which many lawyers were – and are – prepared to spread.  Yet, the withdrawal of public funding for legal advice for family and divorce matters, means that many people are no longer consulting solicitors, and are unaware that there is still public funding available for mediation.

Mediation is not a soft option.  At a time of separation, emotions can run high and for some, the prospect of trying to tackle difficult issues with the person causing them pain is too much, even if a mediator is there to keep the conversation on an even keel.  Mediation is not a substitute for legal advice: it is complementary to it.  This is difficult for some couples to accept, particularly if they expect that mediation will mean that legal fees can be cut out altogether.

Suffice to say mediation can be a difficult sell. Despite the government retaining legal aid for mediation and promoting it hard, the number of mediations in the West Yorkshire area between April and December 2013 fell by over 40% year-on-year.

As a lawyer and a mediator, this concerns me. Crowded courts and underemployed mediators are symptomatic of the urgent need for family law services to be more affordable. And for me, that is all about lawyers and mediators working in tandem to keep people out of court at a price most people can afford.

Fiona Kendall, a partner at Jones Myers, is a founding member of the Lawyer-Supported Mediation network www.lawyersupportedmediation.com

If you have any queries about the new legislation and how it will affect you then please call us 0113 246 0055, leave us a comment below or drop us an e-mail.

You can follow us on Twitter @helpwithdivorce

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Together with seven other divorce and family law specialists in Leeds we have launched Lawyer-Supported Mediation in the city.  The national ground breaking initiative comes at a time when more and more people are representing themselves at court following the withdrawal last year of Legal Aid for most family law cases.

The service offers a fixed fee package which includes mediation and independent legal advice for couples seeking to sort out issues concerning finance, children, divorce or any combination of these.

Fiona Kendall, partner at Jones Myers, who are leading the Leeds hub said: “This is a real chance to lead the way in bringing down the cost of family law services. Working as a likeminded group of lawyers and mediators, we can put an end to the widely-held view that lawyers are beyond the means of average income separating couples.”

Jones Myers will act as part of a carefully selected panel of family law experts from across the region to provide couples with a new method of resolving their differences in a cost effective manner.

Other firms involved are Chadwick Lawrence, Simpson Millar, Clarion, Lake Legal, Blacks Solicitors, Ison Harrison and Winston Solicitors.

A recent report by Napo, the union representing family court staff, claimed that the family courts were now 10 times more likely to see both parents in a custody dispute without legal representation as opposed to them being represented by a solicitor.

Publicly funded family mediation in the Leeds area has likewise struggled to divert separating couples from the courts. Data from the Ministry of Justice shows that between May and November 2013, the total number of mediations getting underway fell by just over 40% (41%), compared to the same period in 2012.

Trained mediator and founder of LawyerSupportedMediation.com, Marc Lopatin explains: “We dramatically reduce the cost of accessing legal experts by fusing their advice with family mediation, where separating couples can resolve their differences. We know from government data that two-thirds of people who begin mediation go on to reach agreement, so we need to find new ways of encouraging more people to try.

Beyond Leeds, the service is being piloted in Newcastle, Manchester and London.

Lawyer-Supported Mediation launches in six UK locations in April & May.

For a free estimate – including a fixed legal fee – call 033 0223 1188 or visit www.lawyersupportedmediation.com

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Mediation is a highly effective way for both parties to discuss, agree and resolve issues and our impartial and experienced mediators at Jones Myers help couples to agree on all aspects of their separation. The approach avoids both parties taking a confrontational stance in a public court which could impact on any children involved in the proceedings. Mediation also gives the couple control over their separation as they are making the important decisions.

Sadly, the service is dramatically underused with government figures highlighting that the number of couples attending mediation sessions has plummeted by over 50 per cent from 2,800 couples in May 2012 to just 1,200 this year. These statistics reinforce the pressing need for a comprehensive information campaign which is jointly driven by the government and our own profession.

This dramatic dip is all the more ironic because the government had hoped that the swingeing cuts to Legal Aid introduced in April 2013  – and designed to cut the Legal Aid bill by £350m a year by 2015 – would prompt more people to seek out mediation because they would be unable to claim public funding to undertake court proceedings.

The government stresses that it never intended to discourage mediation – and we have previously commented on Family Justice Minister Lord McNally calling on mediators to lead the way in helping separating couples resolve their issues without going to court.

As a firm, we predicted how removing Legal Aid – which enabled financially weaker couples to seek legal advice and representation to help resolve their problems – could put vulnerable children at risk and deny youngsters contact with their parents. The drop in mediation figures leaves us in no doubt that removing public funding for what are known as financial remedies applications – which enable couples to sort out their marital assets – has led directly to a drop in referrals to mediation services. This is because a referral to mediation had to be made before Legal Aid can be granted for such applications – so couples are asked to explore mediation before they know if public funds are available.

From April 2014, it is expected that a new law will require those separating in the courts to at least have explored mediation – a development which the government is confident will reignite a need for this process. Couples will have to undergo a Mediation Information Assessment Meeting (MIAM) to find out about alternatives to court proceedings before they can issue a court application.

We firmly believe that if the requirement for a MIAM is more rigorously enforced from April 2014, referral rates will start to increase again. Moreover, if the requirement to refer is linked to issuing a financial remedies application in relation to their financial or children related issues it should  be ‘business as usual’ for mediators.

It is heartening to see how mediators are being proactive in areas such as Wakefield where a rota has been set up to ensure that mediators are on hand at court. Discussions are also underway to implement a similar system in Leeds.

As a practice we do not advocate mediation as the ultimate remedy for all divorcing couples. In our vast experience, it remains one of several effective non-court based ways of resolving family problems.

However we do champion how harnessing mediators’ pro-activity, commitment and drive across the depth and breadth of the UK – bolstered by a rigorous government campaign to promote awareness of the funding available – will go a long way to enhance awareness and understanding.

Share your views and comments with us or call us on 0113 246 0055. You can follow us on Twitter @helpwithdivorce

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