By Nicki Mitchell, Jones Myers Family Law Mediator and Child Inclusive Mediator – as featured in The Divorce Magazine

I welcome the news that The Competition and Markets Authority (CMA) is to investigate claims of people being misled about the process and prices of divorces and wills. 

The enquiry into the growing number of online services – many of which are unregulated and include  those offering divorce – comes after a raft of complaints from consumers who were unclear about what help they would receive -and exactly what they were paying for.

Their grievances included ‘inadequate quality’ with incorrect forms being used and papers being sent to court late.

Delivering a quality service and being open about the costs and level of support involved is always vital, particularly in these sensitive and often stressful areas.    

When they see the word “divorce,” most couples understand that to mean not only the process of dissolving the marriage or civil partnership – but getting a financial settlement and resolving any issues around children too. 

My experience is that the fixed fee quoted online by some organisations just brings the relationship to a formal legal end – something which divorcing couples can do relatively easily themselves online. This process does not take much time and the only cost involved is the £593 court fee.

When working with established family lawyers like us, aside from the court fee, there is often a minimal or even no charge for dealing with the online divorce process when we are instructed to advise on the financial implications. 

Some firms also quote a fee for drafting an order to formalise an agreed financial settlement which can be helpful in some cases. However, most separating couples have no real idea what their financial options on divorce are. 

There is a common perception/misconception that everything is always split down the middle, but this is not necessarily the case. 

The law requires there to be a settlement which is “fair in all the circumstances,” with first consideration being given to the needs of any children. A 50:50 split is not always “fair.” 

The only way to understand what a court is likely to consider acceptable in your particular circumstances is to take advice from an experienced family lawyer. 

There is a cost but, in most cases, you get what you pay for – a quality service from qualified family lawyers whose firms are regulated and transparent. 

As part of the CMA investigation, consumers and others who would like to contact the CMA about their experiences with online services are asked to contact the watchdog by September 4 on this website.

If the watchdog’s investigation determines that organisations have violated consumer laws, those found wanting could be subject to a court order.

I sincerely hope the outcome will act as a deterrent to prevent more people falling prey at a time when they are at their lowest and most vulnerable.   

For progressing divorces online, the Government website is a helpful source of advice.

For queries on divorce or any aspect of family law, call 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 10^th in the UK’s Best 25 family law blogs and websites to follow in 2023.

The post Clients deserve quality and transparency : why unregulated firms need to be stopped    appeared first on Jones Myers.

By Partner, Anthony Parrish from Jones Myers Children’s Department  

An unprecedented development sees journalists reporting in family law courts on cases which include the future and wellbeing of children whose parents are divorcing.    

Whereas the media could previously observe such hearings but only report on what a judge allowed, accredited reporters can now write in detail on cases, have access to some legal documents and interview families about their cases – providing their identify is protected.  

The move, part of a pilot scheme, aims to remove long-standing concerns about the ‘secrecy’ surrounding family courts, create greater transparency and build public confidence.

Covering private and public children law cases – the latter which involves local authorities – the 12-month pilot applies to family courts in Leeds, Carlisle, and Cardiff.

As a whole, our highly acclaimed Children’s Department sees the pilot as a favourable move in providing a positive insight within the media in helping the public understand the realities of the Family Court System – and for an unbiased approach to be taken.

However, this isn’t without some reservation about  how those who represent themselves in Court Proceedings may try to use the media to their own advantage. Particularly if they did this to portray the other party in an unfavourable light or put their privacy at risk.

In those situations, there would be concerns about how this could be managed safely, especially around the potential for Social Media platforms to be abused.

The new reporting freedoms could also see divorcing couples – particularly those with a profile in their community who are concerned about protecting their own and their children’s privacy – resolve matters out of the courtroom glare.

This can be achieved through alternative routes such as mediation or the collaborative process which help separating couples to find an agreed way forward in a constructive, positive manner.

Less costly, acrimonious, and drawn-out, these alternatives protect children being exposed to the fall out of their parents’ relationship. They prioritise children’s well-being and help the long-term interests of all those involved in the break-up.  

The specialisms of Jones Myers award-winning Children’s Team – which deals with every aspect of private and public children law – span residence, contact, relocation, international child abduction, adoption, and child protection.  

Dedicated to consistently delivering excellence, we act for parents and grandparents, we represent children, through their court appointed Children’s Guardians allocated by Cafcass. We also act separately for children of a significant age and maturity. 

Our extensive expertise also includes a Family Law Mediator, a Child Inclusive Mediator, Collaborative Family Lawyer and In House Counsel.    

More information on the new reporting freedoms can be found here Reporting in the Family Court (parliament.uk)    

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

Jones Myers blog is ranked 8^th in the UK’s Best 25 family law blogs and websites to follow in 2023.

The post Why journalists can now report on family law cases in court      appeared first on Jones Myers.

By Senior Family Law Executive, Anna Sutcliffe

Jones Myers has represented a client in a high-profile case which has resulted in her monthly payments from her ex-husband being reinstated following an error.

I acted for a wife who separated from her former spouse in 2014 after 29 years of marriage.

Her ex-husband was required to give her monthly payments of £2,100 in an order which would be binding until either of them died, his former wife remarried – or the court made a further order.

The payment error was made after the ex-husband applied to vary the original order in late 2016. Around the same time, his ex wife, who had not received any payments since January 2016, asked the court to enforce the order.

In April 2017 a court varied the periodical payments downwards to an amount of £800 per month along with a portion of the arrears and stressed that the former husband had a continuing obligation to continue them.

Because the husband had represented himself in court, the ex wife’s counsel at the time drafted the order which incorrectly referred to the ex wife as the ‘applicant’ instead of the ‘respondent’.  

She was of course the applicant in the original proceedings and had also made an application for enforcement in these proceedings so it was easy to see how the mistake had been made.

However, the consequences could have been huge and this should serve as a reminder to practitioners to always double check as this meant the order incorrectly ruled that the ex husband would stop making the payments to his former spouse if he remarried as opposed to if his ex wife remarried.    

When he wed again in 2019, he told his former spouse the court order meant he could stop paying her. His ex wife then applied to have the order corrected based on what is known as a ‘slip rule’ which allows courts to correct accidental slips or omissions in judgments and orders at any time.

The family court agreed the order should have been corrected and the ex husband’s subsequent application to appeal in order to retain the incorrect variation order was dismissed.

On making her judgement, Family Division Liaison Judge, Mrs Justice Knowles, said that stopping the payments represented a “significant injustice” to our client and that “Correction of accidental slips or omissions at any time is thus consistent with the interests of justice and the fair resolution of proceedings.”

Due to the error made our client had her monthly payments unjustly withheld. We are delighted to have represented her and to have the payments fairly reinstated by drawing on the slip rule.  

Acknowledged as an exceptional family law practice, Jones Myers has consistently retained its top tier regional rankings in legal guides for over two decades.

We have recently clinched the Lexis Nexis Family Law Firm of the Year North award and been applauded as a ‘Northern powerhouse’.

Our lawyers’ combined legal experience includes our own in-house counsel, qualified mediators, collaborative law specialists, an arbitrator and an ex Deputy District Judge.

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

The post Jones Myers acts in high-profile case over divorce payments appeared first on Jones Myers.

A study highlighting that McKenzie Friends – non-professional helpers or advisors to litigants – are providing ‘worrying’ advice which is biased against courts and solicitors reinforces the need for them to be banned.  

The findings from Leeds Law School and Birmingham City University reveal that the unqualified advisors have advised people to ignore or act against the advice of their lawyers, describing family courts as ‘gender-biased’ and a ‘disgrace’.

As a regulated, highly experienced and established family law firm we have previously expressed our concerns that the rising number of McKenzie Friends – many of whom charge feesfor advising people who represent themselves in court – will increase the risk of negligence claims.     

Unregulated and non-professional helpers or advisors to litigants, the Friends, while not allowed to represent litigants, sit with them while they present their case in court. This is often because litigants cannot afford the services of experienced family lawyers.  

Jones Myers founder, Peter Jones, attributes the increased use of McKenzie Friends to the withdrawal of legal aid and says no-one would choose to self-litigate unless they are forced to by circumstances.

Said Peter: “Litigation is a traumatic event and it is always advisable to have someone qualified and objective who has a breadth and depth of expertise in such an important and sensitive area as family law.

“While known and trusted friends of the litigant who are objective and give good counsel can be helpful, the survey found that online advisers often delivered biased suggestions reflecting personal anti-court and anti-social services views.

“These revelations highlight the urgency of ensuring a regulated environment to protect vulnerable people because at the moment there is no control or recourse for litigants if it all goes horribly wrong.”

Having solicitors who are experienced and knowledgeable in family law is vital to resolving conflict fairly and with minimum stress.

For information 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

The post Why unqualified advisors dishing out biased views should be banned appeared first on Jones Myers.

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

The post The importance of preserving privacy in divorce appeared first on Jones Myers.

By Peter Jones, founder

Our firm – which has been at the forefront of a long-standing campaign to lobby MPs for no fault divorce – is delighted that the Government is at long last taking steps to make it happen.

News that Justice Secretary, David Gauke, is expected to launch a public debate on modernisation proposals reflects the relentless lobbying from forward thinking organisations including Resolution – a national family law group which promotes non-confrontational solutions in family law.

Society and wide-ranging relationships have evolved substantially over the last five decades while the current archaic law – which requires blame to be directed at one of the parties – remains rooted in an Act passed in England and Wales in 1973.

The repercussions of the current ‘blame game’ process are often emotional and financial, incurring additional expense and damaging, resentment. Once set into motion,  the blame game can cascade into other critical issues – most worryingly, the interests and welfare of children.

Under existing law, when a marriage has irretrievably broken down, the partner seeking to file for divorce must put forward evidence that their spouse has committed adultery, unreasonable behaviour or desertion. If unable to provide such proof, they have to wait two years if both parties consent to the divorce or five years if both oppose it.

It is understood that the Government’s proposals would retain irretrievable breakdown as the sole legal ground for divorce, but remove the need for a spouse to provide one of these five reasons.

In a nutshell, no fault divorce would allow married couples to divorce without pointing the finger at each other – and would not require them to wait two years before divorcing if neither of them is at fault.

Paving the way to make the divorce process easier, faster and more amicable, the reform would prevent relationships spiralling into further decline – a scenario which is highly detrimental to children whose interest should always be put first.

For more information about divorce, family or children law, call Jones Myers at our Leeds office on 0113 246 0055, our Harrogate office on 01423 276104, visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

The post What the demise of the ‘blame game’ would mean for divorcing couples appeared first on Jones Myers.

By Peter Jones, founder

Being unhappy in a marriage does not justify being granted a divorce.

The Supreme Court ruling that Tini Owens must stay in a “loveless” marriage to her husband is the culmination of an expensive and protracted legal battle with wider repercussions.

The validity of the original evidence that 68-year-old Mrs Owens gave to illustrate the “unreasonable behavior” of 78-year-old Hugh Owens lies at the heart of this landmark case.Mrs Owens filed for divorce in 2015 before moving out of their marital home and the case escalated when Mr Owens refused to agree to a divorce.

In 2016 a Family Court judge rejected Mrs Owens 27 allegations of her husband’s unreasonable behaviour as “flimsy” and “exaggerated”. Last year, three Appeal Court judges said that whilst the marriage had irretrievably broken down, they rejected her appeal as she had failed to establish that the effect on her of the behavior made it unreasonable for her to remain in the matrimonial home.

The five Supreme Court justices who ruled against Mrs Owens “with reluctance” were obliged to base their decision on the original evidence she gave to the Family Court and, of course, the interpretation of the law.

With 60 per cent of all divorces granted on grounds of adultery or unreasonable behaviour, this case has reinforced the importance of submitting evidence that can be proven wherever possible. Lord Wilson, one of the five Supreme Court justices said the “question for Parliament” was whether the law governing “entitlement to divorce” remained “satisfactory”.

As expected, the recent outcome has intensified the campaign by Resolution – a national family law group which promotes non-confrontational solutions in family law – for the government to introduce ‘no fault’ divorce.

Widely criticised as ‘archaic’, the existing 1973 Divorce Act stipulates that to enable a divorce to be sought straight away there has to be allegations of adultery or behavior. In this case had Mr Owens not defended the case then in all probability an undefended ruling would have been granted. However, his defence demanded that the proof of the allegations was necessary.

The introduction of no fault divorces – a legal separation granted by the courts without one person saying anything bad about the other – would make it easier for spouses to make their separation more harmonious, avoiding antagonism and high-profile court battles. It would also avoid acrimony in regard to arrangements for the children and also finance.

Stepping up its call for reform, Resolution says the Supreme Court’s decision confirms that the “divorce crisis” in England and Wales required urgent Government action. As a specialist family law firm, Jones Myers has been at the forefront of Resolution’s no fault divorce campaign.

In the meantime, Mrs Owens must wait until February 2020 to petition for a divorce – by which time she and her husband will have lived apart for five years. This is usually a sufficient period to be granted a divorce, without a spouse’s agreement – unless they can show extreme financial hardship, which is rare.

For more information on the five grounds for divorce and why you should tread carefully, visit our blog  For more information about divorce, family or children law, call Jones Myers at our Leeds office on 0113 246 0055, our Harrogate office on 01423 276104, visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

The post I’m unhappily married like Tini Owens – does this mean I can’t get divorced? appeared first on Jones Myers.

The Solicitors Disciplinary Tribunal heard that the solicitor admitted signing a statement of truth which failed to declare his interest in a property.

He submitted a false explanation relating to the proceeds of the property, which was worth £75,000, claiming he had lost the money in a failed investment.

The law leaves everyone in no doubt about being honest when giving information about income and assets. When divorcing the starting point for sorting out finances is a full disclosure of each person’s assets which include homes, other properties, savings, shareholdings, pensions and trusts – whether in the UK or abroad and details of income from every source.

The court has a wide discretion in applying the law and the family assets are shared to achieve fairness – with the first consideration being the welfare of any children.

Once everyone involved in the divorce is aware of and understands, the extent of the finances involved, it is easier and consequently more cost effective for a fair solution to be achieved.

Hiding assets will invariably be found out and, even if an order has been made when the deceit has been discovered, it can be set aside. This protracted process can incur considerable costs, with the deceitful party usually paying both parties’ costs to rectify the order. The previous order will be “shredded” and a new one drawn up.

The reputational and financial ramifications of such misconduct are long lasting, detrimental to all involved and can result in imprisonment. In this particular case, The Solicitors Disciplinary Tribunal found the lawyer’s misconduct to be ‘seriousness at the highest level’, agreeing he should be struck off and ordered him to pay £29,000 in costs.

Our divorce and separation team at our Leeds and newly opened Harrogate office are experts in helping our clients to ensure a full and frank disclosure to achieve a financial settlement in divorce proceedings. We are adept in dealing with complicated business structures, family firms, trusts (including offshore), and work closely with valuers, forensic accountants and tax experts when required.

Our approach encourages clients to co-operate and reach agreement wherever possible about dividing their assets and securing the future security the family.

To make an appointment or enquiry with one of our divorce and separation team by telephone our Leeds office on 0113 246 0055, our Harrogate office on 01423 276104, visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

The post Hidden assets case highlights that not even lawyers are above the law appeared first on Jones Myers.

A call for more concerted action to prevent children in parental disputes being abducted overseas comes as yet more disturbing cases hit the headlines.

The stark reality is that around 1, 000 British children are taken abroad by the other parent without permission every year.

The appeal for a global campaign comes from the charity, Abducted Angels which raises funds for families to help them trace their children and bring them back. The organisation also enlists the voluntary services of social workers and counsellors to help rehabilitate abducted children.

In many cases, children are whisked away to countries that are not a signatory of the Hague Convention on International child abduction – an international agreement made in 1980. These countries include Afghanistan, Egypt, Iraq, Saudia Arabia and Zimbabwe.

Such cases can prove especially challenging because there are no international systems in place to help parents who are desperate to find and be reunited with their children.

The Foreign and Commonwealth (FCO) office will do its best to help but admits to having limited powers because it cannot interfere in the laws of a non-Hague country.

The severe psychological impact on children who have been abducted can be devastating and long lasting and it is vital to obtain the permission of everyone with parental responsibility for a child before taking them abroad. Below are some tips on how to stay vigilant and keep your children safe.

Tell-tale signs to look out for:  

• Selling a house
• An interest in obtaining a copy of a child’s birth certificate
• Making moves to obtain a child’s passport
• Announcing a desire to go on holiday with the child/children and without the other parent
• Leaving a job

Preventative steps to consider:

• Apply to the Court for a Prohibited Steps Order (PSO); this prevents either parent from taking their children to any specific events or any trips without the express permission of the other parent
• Ensure that contact is supervised and, in extreme cases, you may wish to stop contact altogether
• Keep passports safe and consider depositing them with a solicitor
• Contact the Passport Agency and ask them to block the other parent from applying for a new passport
• Notify the school about who is allowed to collect your child from school

If you receive a threat of child abduction or if your child has been abducted:

• Contact the police immediately, who can issue a port alert to airports and ferry terminals. Recent photos of your child and the other parent, together with details of the airport or destination you think they may be heading, will help the police to focus their search
• Contact Reunite, a UK charity specialising in parental child abduction which operates a 24 hour emergency helpline.
• Seek legal advice immediately

For more information about child abduction, children’s issues, divorce or any aspect of family law, call Jones Myers at our Leeds office on 0113 246 0055, our Harrogate office on 01423 276104, visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

The post Tell-tale signs and tips to help prevent your child being abducted appeared first on Jones Myers.

By Peter Jones, founder

The government’s new divorce form, aimed at making the process more user-friendly, is more likely to backfire by increasing conflict and lengthening the time a divorce takes.

The updated online form includes a space for those applying for a divorce to name who their spouse has committed adultery with. Once named, the third party is tied up in the court case, sent copies of the paperwork and given an opportunity to respond. Failure to reply can delay proceedings and rack up more costs.

Although the naming is not compulsory, many commentators rightly predict it will lead to a rise in shaming third parties as ‘wronged partners’ publicly vilify their love rivals.
The supposed advancement is a major setback following the hard work and commitment in recent years of courts, responsible legal practices and support agencies to settle family disputes non-confrontationally. The invitation to name and shame flies in the face of this.

As members of Resolution, all Jones Myers family lawyers are prominent supporters of alternative dispute resolution – striving to resolve family disputes constructively, to try to avoid costly, public and stressful litigation. Retaliating in this way might provide a short-term lift, but is unhelpful in the long run – especially where children are involved

We are committed to a collaborative approach to dealing with divorce and family matters. Even if issues are particularly complex and need a judge or an arbitrator to make a decision, a lawyer who follows Resolution’s code of practice will avoid an unnecessarily aggressive route wherever possible.

Not only will this approach save much time, stress and cost by avoiding a court battle, it allows couples to concentrate on what is really important; ensuring that children’s interests are best served; reaching a fair settlement for both sides; and being able to move on afterwards without lingering bitterness and resentment.

For more information about divorce or any aspect of family law, call Jones Myers at our Leeds office on 0113 246 0055, our Harrogate office on 01423 276104, visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

The post Why naming and shaming adulterers is a great leap backwards appeared first on Jones Myers.