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

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

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

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

Be Open and Honest

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

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

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

The Importance of Financial Disclosure   

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

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

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

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

The Penalties of Concealing Assets

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

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

Include Pensions in Financial Settlements

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

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

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

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

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

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

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

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

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

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

Image courtesy of Unseen Studio on Unsplash

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

Jones Myers blog is ranked among the UK’s Best 25 family law blogs and websites to follow in 2025

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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.

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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

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Our new client focused website – which is dedicated to delivering client excellence in family law – is receiving positive feedback for its wealth of insights and support.

The site’s design reflects our ethos of treating every client as unique and adopting a problem-solving approach to secure the best settlement for their individual situation.

Our family law experts deliver bespoke solutions which get to the heart of issues, advising, guiding and supporting clients from initial contact to resolution – and beyond.   

We understand only too well that worries about finances such as dividing property and assets and providing for children are among the top concerns for separating and divorced couples.

Our extensive experience enables us to handle everything from straightforward separations with minimal assets to divorce settlements involving the most complex circumstances and high value assets.

A champion of dealing with relationship breakdown in a non-confrontational way, we always seek to put children’s best interests first through alternatives which avoid a lengthy, stressful and expensive court process.   

These options include mediation, child inclusive mediation and collaborative family law to ensure that family disputes are constructively resolved, wherever possible.   

When going to court (known as litigating) is our client’s only option, we are adept at litigating in all court arenas, both regionally and nationally.

Our internationally renowned Children’s Department delivers every aspect of private and public children law including contact, child protection and abduction – always handling delicate situations with care and understanding.

We invite you to read what our clients say about us via Solicitors Review which re-enforces our commitment to consistently going ‘above and beyond’.  

The independent platform, based on client reviews, awards us a 4.9 ranking, and rates us as ‘Excellent’ in 65 out of 66 client recommendations. Our ratings also exceed our peers nationally with 98% of our clients recommending us and 98% satisfied with the outcome of their individual case.

We’re here to guide and support you through the process to achieve the best possible outcome for your medium and long-term future.      

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

Jones Myers blog is ranked among the UK’s Best 25 family law blogs and websites to follow in 2024

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By Jones Myers Partner, Nicki Mitchell

A Financial Consent Order is vital for the immediate and long-term future of divorcing couples and their children, whose interests should always come first.

The importance of the agreement, which divides financial assets between separating couples, cannot be downplayed – especially in protecting them from making future financial claims against each other.

What is a Financial Consent Order?

A legally binding document which details the main assets owned by divorcing couples and sets out the financial arrangements between them. Formalising the division of assets, income, and other financial matters in a fair and equitable manner, it covers key elements such as maintenance payments, school fees, pension sharing or offsetting, and a clean break clause.

Bringing legal finality to the financial aspects of divorce, it protects the interests of separating couples and provides a clear and binding framework for their financial obligations and rights after divorce.

How do I obtain a Financial Consent Order?

Both of you agree  the terms of the agreement and submit it to the Court. If the Court deems it to be fair and reasonable, it will make the order legally binding.

This prevents either of you from making further future financial claims against each other, providing clarity and security in the division of assets and finances after divorce.

How long does it take to sort out?   

The circumstances of every divorce are different and there are a variety of options, many of which avoid a long and stressful court process. In a straightforward cases a Financial Consent Order can take only  a few weeks to agree.  

When does the Financial Consent Order Take Effect?  

Once the Consent Order has been approved by the court and the Final Divorce Order, which legally ends the marriage, has been granted then the Consent Order is final and binding.   

What happens if I withhold any assets during the process?

If it later comes to light that you have withheld material financial information, your spouse might be able to ask the court to set aside the order and look again at what would be a fair order taking into account all the assets, including those not previously disclosed. The court can also make an order that you pay your ex’s legal costs. 

In the worst-case scenario, deliberately withholding financial information in breach of a court order can amount to a contempt of court for which a range of penalties (including ultimately imprisonment) could be imposed.  

How is a Financial Consent Order enforced?    

Every Order is different and how it is enforced depends very much on the specific circumstances of the case. It is vital to obtain expert advice at the outset from highly experienced family lawyers like Jones Myers who can guide and support you through the process.  

Ultimately a Financial Consent Orderprovides clarity and certainty to you and your former spouse, enabling you both to get on with your lives with security and peace of mind.

For queries on Financial Consent Orders orany aspect of family law, call 0113 246 0055 (Leeds), 01423 276104 (Harrogate), or 01904 202550 (York). Visit www.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

Jones Myers blog is ranked among the UK’s Best 25 family law blogs and websites to follow in 2024.

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By Neil Dring, Jones Myers Senior Solicitor and Consultant 

The impact of divorce can be devastating – which is why our focus at Jones Myers is on helping our clients to reach a fair financial settlement without going to Court.

Emotions understandably run high for those undergoing divorce, and we need to do all we can to control those emotions because relationship breakdown involves families, often with children, who will continue to be families long after they have separated.

When it comes to finances, the matrimonial pot, in principle, is shared equally when you divorce. Exceptions include cases where couples have previously tied the knot and owned properties, shares, and investments in their former marriages. Also, in situations where meeting the financial needs of one of the parties, and in particular the housing needs of the children, means that an unequal division might be needed.

A starting point in securing a fair financial settlement that meets the needs of everyone is for both of you to undergo a ‘full and frank disclosure’ of each other’s financial situations in these three areas:   

1. Assets – your house and other properties, savings, investments, shares, and businesses 
2. Income – whether you are employed or self-employed, along with dividends and interest payments
3. Pensions – the type of scheme and value

You and your spouse are expected to provide information  detailing all your finances including bank account details and one year’s worth of statements for each account. Pay slips and other documents are also needed.  

Doing this produces a detailed picture of the financial requirements you both need now – and going forwards – to protect you both.   

The repercussions of failing to disclose all your financial assets during the disclosure process include loss of trust with your spouse – which can also make agreeing a settlement out of Court more difficult.

If your divorce goes to Court and a Judge discovers you have not divulged key financial information, you could lose credibility with the Judge and face ‘ligation misconduct’ which can include being ordered to pay your spouse’s Court costs.

If, having agreed a Consent Order – a legal document approved by the Court verifying how you will divide your assets, income, and pension – it later comes to light that you have withheld financial information, your spouse might be able to make future additional claims.  

In the worst-case scenario, deliberately withholding financial information in breach of a court order can amount to a contempt of court for which a range of penalties (including ultimately imprisonment) could be imposed.            

While the prospect of planning your future finances may seem daunting at such a period in your life,  reaching a financial settlement that is mutually satisfactory, and will stand up to legal scrutiny, is vital.  

Providing clarity and certainty to you and your spouse, it enables you both to look to the future with security, optimism, and peace of mind.

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

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

About Neil Dring

Senior family law specialist, Neil Dring, has almost four decades of expertise in divorce and financial settlements arising from relationship breakdowns.

Neil’s strong track record in divorce and separation includes dealing with complex high net worth financial disputes and advocacy. He is also highly experienced in advising on pre-nuptial and post-nuptial agreements.

A champion of seeking to help clients resolve their relationship break up through alternative and less confrontational routes than going to court, Neil’s clients commend him for his clarity and common-sense approach to settlement along with his empathy, sensitivity and understanding.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

For queries or concerns on cohabitation agreements, pre-nups, post-nups or family law related issues, call us at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550. Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce    authors is rewarding. Please use the following credit line in your project:

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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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This year marks a significant milestone for our in-house counsel, Andrew Fox, who is celebrating 30 years since qualifying as a Barrister.

Andrew’s career decision was inspired by the late Richard du Cann – a formidable advocate whose significant contribution to his profession includes his book ‘The Art of the Advocate.’

In the early stages of his career Andrew was also encouraged by the wise advice of a Barrister who went onto become a prominent Family Judge.

Studying law at the University of Buckingham and Inns of Court School of Law, Andrew’s advocacy skills and track record include dealing with complex children cases including child arrangement orders, relocation cases and care proceedings in all level of courts.

A collaboratively trained lawyer, Andrew handles matrimonial finance matters with extensive assets and is highly skilled in trust related matters and off shore structures (having worked in Channel Islands).  

A caffeine aficionado who is still consuming double espressos late into the night, he is motivated by developing a strategy with his clients and achieving a good outcome for them.

Andrew joined Jones Myers a decade ago because of the firm’s ethos and track record of being exceptional in its field.

He says: “Jones Myers has an enviable reputation in family law, retaining our joint top tier ranking in the Legal 500 and Chambers guides for over two decades.”

“The outstanding quality of service we deliver to our clients is reflected in our ongoing expansion and how we attract the best lawyers for our growing client base.”

With the Pandemic contributing to significant hold ups in court proceedings, our specialists are assisting even more clients through the processes of Mediation, Collaborative Law and family Arbitration which avoid them going to court. “

As the lockdown continues, Andrew is proud of how the firm enables clients within and outside the UK to access the firm’s specialist services via effective remote communications – giving them reassurance that their cases are being progressed efficiently and effectively.       

Adds Andrew: “The stress and trauma of divorce and relationship break ups and contact arrangements for children have been further exacerbated during the prolonged Pandemic and its associated health and financial concerns.”    

“Our capability and commitment to provide ongoing urgent legal advice and support through the challenging weeks and months ahead to those who most need it is unfailing.”    

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

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