By Peter Jones, founder

The debate over whether pre-nups in England & Wales hold their weight in court has resurfaced following the case of the bankrupt hotel porter who was awarded a £1.3 million divorce payout from his wealthy wife.

A judge ruled that a pre-nup agreement signed by Anil Ipekci two weeks before marrying Morgan McConnell, the great-granddaughter of Avon cosmetics founder David McConnell, was unfair and would leave him penniless.

As a result Mr Ipekci – a bankrupt when he met his ex wife – has received the £1.3 million windfall to buy a house and pay off his credit card, bank debts and unpaid legal fees.It is important to stress that this scenario is highly unusual. Although still not legally binding in England and Wales, in the majority of cases 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 their relationship end.

Their increasing popularity reflects how couples view their open and transparent nature as a positive factor when planning their wedding.

Far from castigating the agreements as clinical and unromantic, more couples are demonstrating that while seeking to protect inherited or family money, they also want to do ‘the right thing’ by each other – and by any children.

Our niche family law specialists at Jones Myers have also experienced more clients seeking to include arrangements for their beloved pets in a pre-nup.

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-nuptial and post-nuptial agreements or any aspect of family law, call us 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

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News of the arrival of Meghan and Harry’s beautiful baby boy Archie Harrison Mountbatten-Windsor – has brought happiness and joy to well wishers the world over.

Oblivious to his prestigious birthright as seventh in line to the throne, the most important factors in his first days, weeks, months and years will be waking up every day to a caring and nurturing environment with loving parents who dote on him.

Sadly not every relationship culminates in a fairy tale as many couples reach the painful decision that they are unable to live in harmony together with divorce or separation being the only option.Doing what’s best for their children is vital in such situations – irrespective of how young or old they are.

It is reported that babies as young as three months can be affected by negative vibes and parents who argue in front of their infant can cause them lasting damage. .

As a firm which encourages clients to always put their children’s best interests first we recommend that parents who split up have a Parenting Plan in place.

Separation and divorce disrupt daily patterns and a Parenting Plan can help ensure a degree of stability and continuity in a shared commitment to children’s wellbeing – without having to go to court.

The written plan helps estranged couples to work out practical decisions in areas including communication, living arrangements, money, religion, education and emotional well-being. Providing a valuable reference point, it helps everyone involved to know what is expected of them.

In cases where parents need to go to court because they are unable to agree on certain issues, a judge will expect them to have started a Parenting Plan.

Resolution, which promotes a non-confrontational approach to family problems, provides a downloadable progress summary plan for parents.

Helping them to record their plan and inform the family court judge what they have agreed and not agreed, it also enables parents to let the judge know areas where they need more help.

When children’s futures are at stake, we recommend choosing a family lawyer like  – a member of Resolution – when seeking legal advice,

Our dedicated and highly experienced Children Department balance children’s and parents needs in wide-ranging issues. Working closely with our clients, we devise the most suitable arrangements for children both now and in the formative years ahead.

For queries on children and divorce related issues, call 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

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By Norman Taylor

When couples divorce or terminate a civil partnership, a key issue is dividing any pension rights that have been built up during – and possibly before – the relationship started.

In fact, it has become more common for pension pots to make up the second highest value asset in a divorce settlement after the family home. In some cases it is the most valuable asset.Pension awards, which require meticulous financial planning, include a court making a pension share order where, like the name suggests, a share of the pension pot is transferred from a former spouse to their ex.

Awards also include a pension attachment order which sees the pot staying with one of the partners and the income divided when it is drawn down to take money out for retirement purposes, but these are far less common than pension share orders.

With a pension share order, the Court awards a percentage of one or more relevant schemes to the spouse who is not the pension scheme member.

However a pension share order share order only takes effect upon a Decree Nisi being made a Absolute – when the marriage ends formally.

Waiting for a pension share order to be made and become effective can present a problem if the scheme member spouse is about to retire and looking to take benefits before a court order is made and the pension share decided.

The pension share can either be a lump sum payable on retirement which can be separate to the pension income – or a commuted lump sum where the pension pay-out is lower because part of the fund has been taken as a tax free lump sum.

If the pension share is paid to one party before the divorce is finalised, it may be worth keeping the lump sum intact while waiting for court to decide what should happen to it.

Utmost consideration is required over where to place the pension share once a court order is granted – taking into account the many ways that now exist for dealing with, and taking benefits from, pension funds – along with any tax implications that may arise.

The value of a pension is a major part of the wider financial picture in divorce and needs careful attention when negotiating a settlement or presenting a claim in court. This is due to the complexity of pensions and the fact that different schemes offer different features and benefits and they are not the same as cash or other liquid assets.

Obtaining expert advice is critical. Jones Myers has extensive expertise in settling financial matters on divorce. We can assist with pensions and we work with neutral Independent Financial Advisers.

For more information about divorce and finances or any aspect of family law, call us 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

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By Peter Jones, founder

I was delighted but not surprised to read that grandparents believe their well-being and mental health is boosted after spending time with their grandchildren.

A study commissioned by Parkdean Resorts in conjunction with biogerontologist Dr James Brown highlights how grandparents who interact and play with their grandchildren experience improved moods, memory, physical well-being and less loneliness – all of which can be conducive to a happier and healthier life.These unique and very special relationships also bring a wealth of benefits for grandchildren – particularly in situations where their parents separate or divorce.

As a niche family law firm we acknowledge and applaud the formative role that nanas and granddads play in their grandchildren’s lives as carers and role models.

The pressures of parents juggling work and family life see grandparents taking on increased responsibilities in childcare, babysitting and coming to the rescue if children are ill.

Their relationships with their grandchildren are usually more relaxed. They are nurtured and developed in an environment where youngsters can have ‘down time’ away from the stress of their parents relationship problems.

If situations escalate – leading to mums and dads separating or divorcing – grandparents’ homes represent an oasis and bedrock of stability where they can open up about their feelings.
Providing a vital sense of normality, grandparents go a long way to keep grandchildren’s daily routines, particularly in the early days of divorce, as well as supporting their own children practically and emotionally.

It is important that they remain in close contact with their son/daughter and with their ex-daughter-in-law/son-in-law to ensure the children’s interests always come first.

While grandparents will understandably want to give their grandchildren time and space to share their emotions about their parent’s break up, they are advised to avoid criticising the parents.
In spite of the complexities and practicalities over visiting and planning which arise from divorce and separation, we always recommend that grandparents remain focused on their special relationship with their grandchildren.

This includes reassuring them how their parents break up is not their fault – and how much they are loved by their parents and their grandparents.

Getting this right will go a long way to help children’s stability and development in their formative years ahead.

For more information about grandchildren, divorce or family law issues, 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

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By Peter Jones, founder

In the adage that all good things come to those who wait, I welcome the news that ‘no fault’ divorce will finally become law – dispensing with the damaging ‘blame game’ which is detrimental to all involved.

We’ve previously shared our concerns on how the present fault based divorce system can result in acrimonious break ups – with antagonism very often continuing after the parties have separated and where one parent is living with a new partner.

Over the years we have witnessed how this friction impacts negatively on children who, trapped in the crossfire, often retreat into an artificial world to escape the stresses and strains.The long-term repercussions to children of all ages include poor education, health problems such as depression and concentration issues – all of which can result in long and short term damage and affect their future prospects. Behavioural issues are also common as children can become attention-seeking and demanding.

Under current legislation, unless couples have been living apart for a period of time one of them must apportion some form of blame, either adultery or unreasonable behaviour, which can in itself create conflict.

Thankfully the new law will remove the ability to contest a divorce and end the need to prove adultery, unreasonable behaviour or to live apart for five years before a divorce can be granted.

It is proposed that while the irretrievable breakdown of a marriage as the sole ground for divorce will remain, the need to provide evidence of a ‘fact’ around behaviour or separation will be replaced with a requirement to provide a statement of irretrievable breakdown.

Changing the system to remove acrimony and frustration enables 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.

For more information about divorce and finances, children’s issues 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

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Our niche family law firm has launched free family law clinics for our colleagues at our Windsor House office in Harrogate.

The clinics started on April 4 and take place each Wednesday from 12 noon until 2.00 pm. They are headed by Rachel Baul, a highly experienced family lawyer with over two decades of expertise. Rachel is offering everyone who books to see her 30 minutes of free confidential guidance and legal advice on all aspects of family law, including divorce and separation, financial issues arising from relationship breakdowns and children law.

Our Harrogate office at Windsor House, Cornwall Road, which opened in 2017 to accommodate an increase in instructions from North Yorkshire clients, is located just a few minutes from the town centre and parking is available.

Said Rachel: “Jones Myers is a highly-regarded specialist family law firm with an outstanding reputation for excellence. I’m delighted with the interest and positive feedback we’ve already received to date from the new clinics.”

Our firm, which also has offices in Leeds city centre, is acknowledged as a leader in our field. In 2018 we marked a double milestone by retaining our joint number 1 ranking in Chambers and the Legal 500 guides for the last two decades.

Our family lawyers are leaders in their field. They include a former Deputy District Judge, a Family Law Arbitrator, a chair of Resolution’s Specialist Accreditation Scheme and two collaborative solicitors who jointly combine 270 years’ experience.

To arrange an appointment, please contact Rachel on direct dial 01423 276164 or via email rachel.baul@jonesmyers.co.uk jm2023.jonesmyers.co.uk

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The High Court Judgement reinforced our earlier concerns that commercial enterprises acting as McKenzie Friends and charge to advise people who represent themselves in court – could result in this very scenario.      This particular case centres on a 70-year-old man who sought help after a hospital operation in 2004 left him permanently disabled. The claimant was reassured that the unregulated representative’s firm had extensive experience, claiming to be ‘as good as, if not better, than any solicitor or barrister’. The negligence, which left the claimant without evidence, saw him winning a basic claim but being presented with a five-figure bill for costs.

The outcome has prompted MP Bob Neill, chair of the Commons Justice Select Committee, to call for a renewed ban on unregulated advisors charging money, saying ‘it is time for parliament to bite the bullet and ban this unscrupulous practice’.

Our earlier concerns centred on how, in such a sensitive and important area of law, having solicitors who are experienced and knowledgeable in family law is critical to resolving conflict fairly – and with minimum stress.

The increased use of McKenzie Friends stems from the withdrawal of legal aid. Known and trusted friends of the litigant who are objective and give good counsel can be helpful.

However, this case has illustrated how it can go horribly wrong. It is also extremely distressing for the claimant who, after taking on a court case against the hospital, had to then battle a second case to obtain a judgement he should have received the first time around.

This is yet again a cautionary tale. So many people think that being a lawyer is a simple as propping up a bar and giving advice. This is far from the case – it is complex and demanding.  I have often said “you wouldn’t take out your own appendix so why try to be a lawyer and risk losing everything?”

If there are any specific topics you would like us to write about or have queries on 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 @helpwithdivorce.

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By Peter Jones, Jones Myers founder

The Government has recently released figures highlighting a 5% drop in divorce rates from 2016-2017 which, on the surface, is welcome news.

However, confirming a sustained decline in the number of people divorcing requires comparing and contrasting several years of statistics to understand the true picture.

Key findings of the report include unreasonable behaviour remaining the most common cause for both opposite sex and same sex couples splitting up.While the volume of divorces among same-sex couples has more than trebled between 2016 and 2017, statisticians attribute this to the fact that marriages for same-sex couples have only been introduced in England and Wales since March 2014.

The average length of a marriage between opposite-sex couples of 12.2 years matches figures from 1972 – debunking the ‘seven-year itch’ myth.

Break ups among the most recent newlyweds have dropped by 59% over the first three years of marriage from a 47% peak across the first five years, and 27% for the first decade.

Launched by Sir Paul Coleridge, a former High Court Judge in the Family Court, The Marriage Foundation – which aims to see more people forming healthy and stable marriages with fewer break downs – attributes this decline to fewer wives filing for divorce during the first ten years of wedded life.

The figures also reaffirm the percentage of marriages break ups remains at 42% – half of which occur in the first 10 years – a figure The Marriage Foundation projects will improve to 35%.

In the latest report a government statistician says that while divorce rates for opposite-sex couples are at their lowest level since 1973 – around 40% lower than their peak in 1993 – in 2017 they were higher in older people compared to 1993, perhaps due to our increasingly ageing population and people getting married later in life.

Aligned with changing attitudes, each successive decade brings different social dynamics which affect particular age groups who become more likely to divorce. Despite the lack of legal protection for cohabitating couples, latest figures show that more couples continue to opt to live together. It is also inevitable that the drop in the number of people marrying will result in fewer couples seeking a divorce in the future.

Sadly behind every divorce statistic lies a real life story of emotional distress – even more so when children are involved.

Our highly experienced family lawyers based across our Leeds and Harrogate offices understand and appreciate that divorce and separation can be a stressful time and always encourage our clients to put their children’s interests first.

One of Yorkshire’s most approachable family law practices, we guide and support our clients through relationship breakdown problems, the process, finance and children issues – supporting them through a challenging period which involves difficult decisions about the future.

Contact us on family law matters for an initial no cost meeting by calling 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

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This week Yorkshire Post’s ‘Legal Matters’ Q & A features our solicitor Rachel Baul who seeks proper protection for separating couples – and gives some tips for those embarking on a legal career. Here’s the profile in full.         

What’s the biggest development you’ve seen in the legal world during your career?

In the 22 years since I qualified, it has been the onset of the digital age – often described as the ‘technological revolution’. In particular, emails as a means of instant communication rather than letters, which would previously take days to arrive. Law firms have transformed the way they work and instructions can be obtained from clients without delay, making it easier and quicker to progress cases. Prolific use of the cloud and mobiles are likewise the norm. The old model has been robustly challenged and practices that are embracing and adapting to the technological advancements are undoubtedly reaping the benefits.What law would you like to see changed?

The introduction of cohabitation law which would give proper protection to separating couples. I have lost count of the times that I have had to explain to rather shocked clients that the concept of a common law husband or wife has no legal basis. Jones Myers has been a vociferous campaigner the reform of cohabitation laws for many years and always urges clients to set up a cohabitation agreement to give them some protection should their relationship breakdown.

What is the most exciting work you’ve ever done?

The cases I find most fascinating are those with an agricultural element. Farming divorces have so many different aspects, often involving third parties intervening and liquidity issues. The asset rich and cash poor scenario is usually a key feature in such cases.

Who in the legal world do you most admire?

 Baroness Hale of Richmond for her forward thinking and refreshing approach to the law and legal profession. A Yorkshire lass who was born in the West riding, Lady Hale is renowned for her straight talking. Changing the face of the legal profession, she is a trailblazer in every sense of the word. Her track record – nothing short of inspirational – includes repeatedly smashing the glass ceiling, spearheading ground breaking legislation and championing diversity.

What advice would you give someone starting out in the profession?

Be focused and have faith in yourself. Never be afraid to ask senior colleagues for help and advice. Being empathetic and a good listener are also key – along with being disciplined and well organised.

Based at Jones Myers’ Harrogate office in Windsor House, Rachel’s specialisms include high net worth financial cases involving business and trust assets in the UK and overseas.

Regularly representing sports professionals and members of the medical profession, her extensive expertise also spans pension assets and drafting cohabitation and pre-nuptial/post-nuptial agreements involving significant assets.

Rachel is contactable on 01423 276104 or via email Rachel.Baul@jonesmyers.co.uk

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By Norman Taylor, collaborative law expert

Can I obtain a divorce without telling my spouse?’ was among the questions I received from listeners when I recently appeared on BBC Radio Leeds ‘The Professionals’ with Richard Stead.

There may be numerous reasons why you ask this question.

It could be because your husband or wife has left without providing support for you and your children, or that you are concerned about how they would react.

In the majority of cases the answer is “No” – although there are exceptions.

You can apply for a divorce if your husband or wife ‘lacks mental capacity’ and is unable to agree to a divorce or take part in the divorce proceedings. In such cases your spouse will require someone called a ‘litigation friend’ – a family member or close friend who acts on their behalf.

In circumstances where a spouse has disappeared, without anyone knowing where he or she is living or working, it may also be possible to obtain a divorce without their knowledge.

Success, however, is dependent on you proving to the court that, having filed a divorce petition (the first step in every divorce), you have done everything possible to locate and serve them the petition, but have been unsuccessful.

If the court agrees, you can apply for an order to dispense with serving the petition – as long as it is supported by comprehensive evidence that you have left no stone unturned to contact your spouse’s friends, relatives, previous employers and banks.

If you are in a situation where you are scared or concerned about your spouse’s reaction – or if there is a history of domestic abuse – you can ask the court to omit your address from a divorce petition.

However, because the court takes service of court documents very seriously, it will not make an order dispensing with serving the petition altogether without very careful consideration.

Ultimately, in the vast majority of cases, procedure demands that the other spouse is served with a petition and is therefore aware of what is happening.

In divorce, every case is different and it is important to choose the right lawyer for the complex and sensitive area of relationship breakdown.

Contact us for an initial no cost meeting by calling 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

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