A Supreme Court ruling on whether substantial assets transferred between spouses during marriage should be divided equally on divorce – has reignited the importance of Pre-nups.

The ‘big money case’ saw divorcee Anna Standish lose her legal case to keep almost £80 million which her affluent banker husband had given her in 2017 to put in offshore trusts for their children and to avoid inheritance tax.

When their marriage fell apart in 2020, the money was still in her name, sparking a bitter, prolonged case which played out in the highest courts in the land.

The outcome is a reminder of the importance of Pre-nups for all couples tying the knot, especially for nigh-net-worth individuals and families involved in estate and inheritance planning.

Irrespective of a couple’s financial status, a Pre-nup helps couples to avoid  the potential distress, acrimony, and expense of disentangling their finances if they split up.

How to obtain a Pre-nup

To enter into an 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 and meets needs

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 if 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 likely still to take the terms of the Pre-nup into account to some extent.

Are Pre-nups suitable for second marriages?

Yes, the contracts can work particularly well for coupes marrying for the second time where a husband or wife seeks to retain their own wealth if they separate. They can also protect the interests of children from previous relationships.

Taking the time to draw up a Pre-nup before marriage can avoid financial and emotional heartache in a marriage breakdown. Jones Myers family law specialists are highly experienced in advising on Pre-nups and Post-nups.

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 5^th in the UK’s Best 25 family law blogs and websites to follow in 2025.

Image by Pars Sahin, Unsplash 

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Recent reports highlight that over one fifth of married couples in the UK have taken out a pre-nuptial agreement (Pre-nup) to protect themselves if their marriage breaks down.

The open and transparent nature of Pre-nups are regarded positively by couples who want to avoid the potential distress, acrimony, and expense of disentangling their finances if they split up.

Pre-nups can also work particularly well for couples marrying for the second time where a husband or wife want to retain their own wealth if they separate. They can also protect the interests of children from previous relationships.

Jones Myers Partner Elizabeth Bell, explains more about Pre-nups below:

Sadly, we have seen repeatedly how arguments over money can cause enormous damage for separating couples and their wider families.

Jones Myers family lawyers have extensive expertise in advising on and drafting Pre-nup and Post-nup agreements which promote healthy dialogue as to what an individual’s future capital and income needs might be in the hope that the parties can disentangle themselves financially without the requirement for a court to make decisions for them should they separate.  

We guide you with sensitivity – helping you to discuss and consider often difficult matters before you enter into the marriage. We can also advise should the marriage break down and consider if the terms of a Pre-nup agreement signed by the parties prior to the wedding should be followed.

For queries on Pre-nups, Post-nups and 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 5^th in the UK’s Best 25 family law blogs and websites to follow in 2025.

Wedding image courtesy of Lanty at Unsplash.  

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Jones Myers niche family law firm is marking a formative year which includes doubling the size of its team in York city centre.

A raft of new appointments, which further enhance the expertise of the practice’s specialist family lawyers, include solicitors Brittany Codling and Katie Jennings.

Brittany and Katie are members of Jones Myers’ Divorce and Financial Remedies Department which is praised by Legal 500 as a “leading matrimonial finance firm” for its “first-rate client care” and “strength in depth.”

Legal assistants Linda Lacey and Sarah Martin also join the team headed by Jones Myers Partner, Nicki Mitchell – York’s first qualified collaborative family lawyer who is also a family law mediator and child inclusive mediator.

Said Nicki: “We warmly welcome our new team members and wish them all every success. They join us during an outstanding 12 months as Jones Myers further consolidates its reputation as a leading family law firm in the York legal market.”

With headquarters in Leeds and additional offices in Harrogate, Jones Myers has retained its top tier rankings in the Legal 500 and Chambers UK guides for three decades.

Said Brittany: “Jones Myers’ standing as a respected Tier 1 family law firm is known far and wide. I am delighted to be working alongside the best family lawyers in their field on complex, high net worth cases.”

Added Sarah: “Having previously worked with some team members, I was attracted by Jones Myers’ commitment to excellence and clear focus on what clients need when faced with relationship breakdown. I’m really enjoying my new role.”

Jones Myers is 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, the firm’s clients award the practice a consistent ‘Excellent’ rating.

The firm also holds the title for Outstanding Client Care in the nationwide Modern Law Private Client Awards which champion and celebrate firms working in the private client industry.

Jones Myers’ York office is located at The Quadrant, Bootham Row.

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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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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By Jones Myers Solicitor Lindsey Cross  

The recent Easter break is among key calendar events when tensions can run high – and many couples who have been thinking about separation and divorce decide they want a new start.   

As a nation, we love our pets who are considered a key family member, particularly among children.  But what happens to the much loved animals in divorce and separation?

Following an increase in the number of cases where the arrangement for pets is disputed, I share some key insights below: 

What is the legal position on pets and separation?

Sadly, the law treats pets as goods and personal property and there is no reference to how they should be treated or any particular factors that should be taken into account for them.  

The Court will often look at who paid for the animal, who is the registered owner at the vets, who has primarily been responsible for the animal and who has been paying for food and veterinary costs. 

Can pets be shared between a spouse and their ex?

The Court can either give sole ownership to one person or could decide that joint ownership is appropriate. If no-one is willing to look after the pet, the Court can even decide for it to be sold.

How can a Court’s involvement be avoided?   

Many separating couples keen to avoid confrontation, confusion or heartbreak over pets are considering how they can make provision for them in the same way that they consider the arrangements for their children.

Do pre-nuptial and post-nuptial agreements exist for pets?

Yes. All variety of pets can be included within a pet nuptial – the pet equivalent of a pre-nuptial  agreement. The contract can include ownership and who will meet the pet’s daily needs such as feeding, walking, veterinary care – and how these costs will be met.

There is also the pet equivalent of a post-nuptial agreement, which can be drawn up any time after the marriage.   

Are these contracts legal binding?

Whilst these agreements are not strictly legally binding, divorce Courts are placing more weight on them where both parties have taken appropriate legal advice and made fair arrangements.

What about pet arrangements for cohabitating couples?   

Unmarried couples who are living together and decide to split up can include pet arrangements in a Cohabitation Agreement or ‘living together’ agreement which sets out how they intend to deal with their financial affairs.

The contract covers who owns what and in what proportion, how property will be divided, what happens with personal belongings, savings, debts, pensions and other assets on separation.

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

The agreement provides clarity on helping couples decide how to manage key areas of their lives while they are together and if they split up.

Like pre-nuptial and post=nuptial agreements, cohabitation agreements can  give reassurance that pets will be loved and cared for despite the relationship breakdown.   

For queries on pet-nuptials, cohabitation agreements or any aspect of family law, call 0113 246 0055 (Leeds), 01423 276104 (Harrogate) , or 01904 202550 (York) www.jonesmyers.co.uk,  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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What NOT to miss when planning your wedding checklist   

The welcome arrival of Summer sees the wedding season in full swing with sun kissed days stretching endlessly ahead and vibrant flowers in full bloom.

For those about to tie the knot, wedding checklists will vary enormously – depending upon the venue and number of guests.

An increasing number of couples are adding pre-nups to their checklists – to protect themselves – and avoid the potential distress, acrimony, and expense of disentangling their finances later if their marriage breaks down.  

The growing popularity of these contracts reflects how their open and transparent nature are regarded positively by couples who want to 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 the second time. Often those individuals will have their own wealth which they want to retain in the event of a separation as well as protecting the interests of children from previous relationships.

Increasingly courts are upholding pre-nups on divorce providing they meet the correct requirements.  A court will need to be satisfied that the agreement was entered into freely, without undue pressure  and with the benefit of full financial information and independent legal advice.  

The contract should be signed in sufficient time before the wedding (usually at least 21 days)

The court does retain oversight over the settlement and will ensure that the agreement meets the needs of both of the couple.  If it does not, then the court has the power to make a different financial order, although will take the terms of the agreement into account.

Sadly, we have seen repeatedly how arguments concerning money can cause enormous damage for separating couples and their wider families. 

Seeking advice from experienced family lawyers like Jones Myers when entering into a very serious emotional, financial and legal commitment such as marriage can help to avoid that happening.

For information on pre-nups, call us at Leeds on 0113 246 0055, at Harrogate on 01423 276104, or at 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.

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Why it’s vital that pre-nups and post-nups are set up fairly

A recent Court ruling which rejected a post-nup because its terms were unfair due to the husband’s vulnerability when signing it – reinforces the importance of setting up such contracts fairly.    

After being formally diagnosed with Parkinson’s disease for three years, the husband, against legal advice, signed the agreement which would give his wife 80% of their £5m joint marital assets should the relationship break down.

When the marriage collapsed six years later, he was unable to work and did not possess the mental capacity to conduct divorce proceedings. 

Ruling that the post-nup was financially disadvantageous to the husband who was a vulnerable person when signing, Judge Edward Hess said his wife had taken advantage of his vulnerable situation to gain a substantial financial advantage.

The Judge rejected the agreement because he said that enforcing it risked leaving the husband “In a predicament of real need, possibly leaving him in inadequate accommodation and/or running the risk that he would have no option other than to do the one thing he wants to avoid – going into a care home.”

We have previously stressed how vital it is that such contracts meet the correct requirements and are agreed after full consideration of the following:

• The resources available to the couple, both capital and income and existing or reasonably foreseeable.
• The financial needs of each person, considering the needs of dependent children and any disabilities.
• The duration of the marriage and the ages of the couple.
• In exceptional case, the conduct of one or both of the couple.
• The standard of living enjoyed.
• Any benefit either will lose as a result of the divorce.
• The contributions of each to the marriage (both financial and non-financial).

A Judge will want to be reassured that a pre-nup or post-nup is fairandthat the financially weaker partner understood it.

The couple must have exchanged details of their respective financial situations – and neither should have beenunder duress when they signed it. 

It is also important that they both have independently taken legal advice. With pre-nups, the contract should be signed at least 21 days before the wedding and courts may ignore or vary contracts drawn up in a rush and under pressure.

Sadly, arguments concerning money can bring out the worst in people and we advise couples to seek advice from experienced family lawyers like Jones Myers.

Setting up these contracts in the correct manner provides reassurance and peace of mind. It also avoids the potential distress, acrimony, and expense of resolving financial matters later if the marriage falls apart.    

For information on pre-nups, post-nups or any aspect of family law, call us at Leeds on 0113 246 0055, at Harrogate on 01423 276104, or at York on 01904 202550. 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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Many people planning their weddings in 2022 may want to consider a pre-nup after a study revealed that 1 in 5 couples who tie the knot set one in place.  

Since 2000, 20 per cent of couples have nowtaken out one of these widely accepted contracts to set out how their finances would be divided should their marriage breakdown.

The study highlighted that the agreements have helped to lessen the likelihood of wedded couples splitting up during their first decade.

It also dispelled the myth that the contracts are only relevant for the rich and famous with around 44 per cent of participants employed in managerial, administrative or professional positions.

In recent years our niche, award winning family law firm Jones Myers has continued toexperience an increase in couples seeking pre-nups to protect their assets if their marriage fails.

With 42 per cent of marriages ending in divorce and more second and third marriages taking place, addressing the financial arrangements, should divorce become inevitable, is an absolute necessity.

When you wed later in life it is more likely that you will both have grown up children from previous relationships.

You may also be at the higher end of your career earnings and alreadyhave significant pension provision and assets. 

In these situations, English law does not automatically exclude “pre-marital assets” on divorce so the Courts, if there is a necessity,can distributethose pre-maritial assets belonging to you and your partner.  

Some couples marrying for the second time want to ensure that certain assets are preserved for their children from previous relationships. Others are keen to protect wealth which may have been in their family for generations.

In recent years the decisions of English Courts have strengthened the role of these contracts which  mostly run into problems when judges think they have been signed in haste and under pressure.

A judge will want to be reassured the agreement is fairandthat the financially weaker partner understood it. The couple must have exchanged details of their respective financial situations and neither should have beenunder duress when they signed it. 

It is also important that they both have independently taken legal advice and that the agreement is signed at least 21 days before the wedding. Courts may ignore or vary pre-nups taken out in a rush.

Unfortunately arguments concerning money can bring out the worst in people and we advise couples to seek advice from family lawyers with extensive experience in this area.

There can be little doubt that organising your financial affairs well before the wedding with a pre-nup will give you reassurance and peace of mind. It will also avoid the potential distress, acrimony and expense of resolving financial matters later in the event of a break up.   

For information on pre-nups, post-nups or any aspect of family law, call us at Leeds on 0113 246 0055, at Harrogate on 01423 276104, or at York on 01904 202550. Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

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By Anna Sutcliffe, Senior Family Law Executive

From next month couples trying the knot can also invite up to 30 people to their reception as lockdown restrictions continue to ease.

While meticulously preparing for everything to be perfect for the ‘big day’, many couples do not have a plan if their relationship breaks down.    

With 42 per cent of marriages ending in divorce and more couples tying the knot for the second and third time – addressing financial arrangements should divorce become inevitable is vital.   

Sadly arguments concerning money can bring out the worst in people and couples are advised to seek advice from family lawyers such as Jones Myers who are members of Resolution which is committed to taking a constructive approach to resolving these arrangements. 

When you marry later in life it is more likely that you will both have children from previous relationships who may be adults themselves. 

You may also be at the higher end of your career earnings and have significant pension provision and assets.  In these situations English law does not automatically exclude “pre-marital assets” on divorce so the Courts can distribute anything that you or your partner have.

One way to take control is to have a pre-nup which are becoming more popular in the UK.  

For many years the English Courts refused to recognise pre-nups but have recently handed down decisions which have strengthened their role.

Pre nups are sought for many reasons. Some couples embarking on their second marriage want to ensure that certain assets are preserved for their children from previous relationships. Others are keen to protect wealth which may have been in their family for generations.

Pre-nups are widely accepted as the sensible way for couples to avoid the potential distress, acrimony and expense associated with resolving financial matters, should they break up.  

Both parties should be open and honest about their financial situation before signing the agreement.

Situations where the contracts can run into problems include when judges think they have been signed in haste and under pressure. A judge will want to know that the financially weaker partner understood the agreement, was not under duress when they signed it, and took independent legal advice. Courts may ignore or vary pre-nups drawn up in haste.

It is important that the agreement is signed at least 21 days before the wedding, making full financial disclosure and securing sound legal advice.

You can also take out a post-nup – which works in very much the same way as the pre-nup – at any time during your marriage. However, in the event of a dispute, the Court can use its powers to vary a post-nup settlement if it considers it to be unfair.

Experts in this field, our founder Peter Jones, recently featured in a Daily Mail article on post-nups. Call us at Leeds on 0113 246 0055, at Harrogate on 01423 276104, or at York on 01904 202550. Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

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During January many of us compile a list of resolutions to keep us motivated, energised – and on track for the year ahead.

The most common goals include joining a gym, going on a diet, quitting smoking, looking for a new job and spending more time with family and friends.   

We also urge engaged couples to consider adding a pre-nup to their list – particularly as disagreements about money are one of the major causes of bitterness, uncertainty, anxiety and cost arising from marital breakdown.

The increasing recognition of their value reflects how couples view their open and transparent nature as a positive factor when planning their wedding.

It also demonstrates that, while seeking to protect inherited or family money, couples want to do ‘the right thing’ by each other and by any children.

As well as helping to ensure finances, house and other assets are shared fairly on divorce, pre-nups can also protect inherited wealth or savings built up before marriage.

The contracts are likewise becoming more popular with those marrying for a second time, enabling them to preserve certain assets for their children from previous relationships and ensure that children from their second marriage will be treated fairly if the relationship ends.

Situations where such contracts run into problems include when judges think they have been signed in haste and under pressure. They will want to know that the partner with the most to lose understood the agreement, was not under duress when they signed it, and took independent legal advice. Courts may ignore or vary pre-nups drawn up in haste.

We always advise that the agreement is signed at least 21 days before the wedding, making full financial disclosure and securing good legal advice.

If respected family lawyers help draw up the agreement, judges can be confident that both parties understood it fully and were not rushed into it.

For information about pre-nups, post-nups or any aspect of family law, call our Leeds office on 0113 246 0055, our Harrogate office on 01423 276104 or our York office on 01904 202550. You can also visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

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