By Jones Myers partner, Nicki Mitchell

We wholeheartedly welcome the news that unmarried parents who lived with their late partners are now eligible for bereavement support.  

This government assistance was previously unavailable to parents of working age who were not married or in a civil partnership.

Another positive development is that some people may be eligible for backdated payments if their partner died before the law was changed.

Jones Myers has been at the forefront of long-standing campaigns to give cohabiting couples legal and financial protection. Sadly, many proposals for far-reaching reform have yet to come to fruition.

They include a scheme proposed by the Law Commission 15 years ago to give rights to cohabiting couples who have lived together for a specific number of years or have had a child together to seek financial support .

While this family unit remains the fastest growing family type in Britain, unlike married couples, cohabiting couples do not have any legal protection or rights if their relationship breaks down. 

These rights right span savings, income, pensions, business interests and property.  

We urge unmarried partners to protect themselves with a cohabitation or ‘living together’ agreement which sets out what they want to happen – both while they live together and if their relationship ends.

The agreement can clarify who owns what – and in what proportion – as well as how property will be divided and what will happen with personal belongings, savings, debts, pensions, and other assets on separation.

Agreements can also document how children will be supported, how to deal with bank accounts, debts, and joint purchases (such as a house or car) and pet ‘custody’ issues. 

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

Agreeing in writing the ‘what if’ scenarios should one partner leave, win the lottery or die can potentially save emotional and financial trauma at a later stage.

The arrangement, which is enforceable, can be set up through ‘round-table’ meetings within the collaborative process and can avoid the likelihood of cohabitees, particularly those with children, being left destitute.

It is important that the couple seek independent legal advice and disclose all financial information in the lead up to signing the agreement, which should be reviewed regularly.

We have extensive experience in drafting living together agreements and, sadly, in dealing with disputes arising from separations where there has been no such agreement.

For queries on living together agreements or any aspect of family law, 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

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

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Niche family law firm, Jones Myers, is further fuelling its team growth with the appointment of solicitor Becky Vine.

Becky, whose specialisms extend to financial disputes, settling financial arrangements and cohabitation, joins the Financial Remedies Team of the award-winning practice.

 The expansion follows the promotion of Anthony Parrish – who has over two decades experience in family law – to partner in what has been a milestone year for the practice.   

Jones Myers Managing Partner, Richard Peaker, who heads the Financial Remedies Team, said: “Clients commend Becky for her conscientious and friendly approach along with her commitment to providing a practical, efficient and tailored approach to resolving issues.  

 “We warmly welcome Becky to our talented team and we wish her continued success in her career.”

Becky, who is a Member of family justice group Resolution and the West & North Yorkshire Young Resolution Committee, said: “Jones Myers has earned a powerful reputation as a leader in its field and I’m enjoying the opportunity to work closely with the firm’s partners and continue to expand my skills and knowledge.”

Jones Myers, which has consistently retained its top tier regional rankings in Chambers and Legal 500 for over two decades, marks its 30^th anniversary in November 2022.  

Continuing to attract the best family lawyers in its field, specialists include an in-house counsel, mediators, collaborative law experts and an arbitrator. They also comprise a former national chair of family law group Resolution, the current national chair of Resolution’s Specialist Accreditation Committee and an ex Deputy District Judge. 

In November 2021, the firm retained its esteemed Family Law Firm of the Year title in the Family Law awards for consistently delivering excellence in family law. At the same time, Jones Myers founder, Peter Jones, also received a prestigious honour for his outstanding contribution to family law.

The practice, which has offices in Leeds, York and Harrogate, continues to receive growing recognition for its extensive expertise in alternative dispute resolution processes. They span Mediation, Collaborative Law and Arbitration   which avoid a lengthy court process and can lead much more quickly and cost effectively to a successful resolution.  

For queries on divorce 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

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The expertise of Jones Myers esteemed Children’s Department has been further enhanced with the appointment of Senior Solicitor, Julie Simpson.

Julie brings three decades of experience in care proceedings, adoption and child protection work, representing children directly and through their Guardians, parents and grandparents.

The Senior Solicitor – who has practised in York and acted for children from across North Yorkshire – will be based at Jones Myers offices in Leeds, York and Harrogate.

A member of The Law Society’s Children Panel since 2000, Julie is also a member of Resolution and the Association of Lawyers for Children. She has held Higher Rights of Audience since 2010 which enables her to represent clients in Senior Courts in England and Wales.

Jones Myers Partner Kate Banerjee, who heads the Children’s Team, says: “Julie is well respected and has earned an excellent reputation in her field. Her experience highly complements our expanding casework and we warmly welcome her on board.”    

Held in high regard by counsel and Guardians of children she represents, Julie is described as focused, compassionate and adept at managing complex cases. 

Helen Chapman, who has worked as a CAFCASS Children’s Guardian alongside Julie for a number of years says Julie is one of her first choices of solicitor to represent children she works with.

Comments Helen: “Julie’s standard of work is outstanding. Julie is extremely thorough, meticulous, organised and reliable. She is a true professional in every sense of the word. I have never known Julie to be anything other than calm, reassuring and positive. I honestly cannot speak highly enough of Julie’s work.”

Julie says: “Jones Myers is renowned for its excellence in, and commitment to, client care. I have previously worked with Kate on cases and was impressed by her empathetic approach and dedication to her clients. I’m looking forward to being part of the team.” 

Julie’s appointment follows just months after Solicitor Meggie Chan, a specialist in care proceedings, also joined the Children’s Department.    

Balancing the needs of children and their parents, the team  deals with issues including residence and contact disputes, care proceedings, international child abduction and adoption.

Visit our blog for insights on topical areas of family law including taking children abroad despite the pandemic, planning your financial future post divorce   and next steps for cohabiting couples as the country emerges from lockdown.          

For advice on children law, divorce 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 @helpwithdivorce

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The last 12 months have undoubtedly proved a turbulent and testing time for everyone.

This includes the thousands of couples who moved in together during lockdown for practical and financial reasons – and to reduce the risk of passing on the virus.

The emotional rollercoaster sparked by the pandemic has taken its toll on even the most robust relationships – not to mention its devastating economical impact.       

Spring is symbolically a time of renewal and, as we readjust to our former lives and freedoms over the coming weeks, we recommend couples who are continuing to live together to protect themselves should they break up.  

Cohabiting couples are the fast growing family type in Britain – but, unlike married couples, they do not have any legal protection or rights if their relationship goes sour.

These rights right span savings, income, pensions and business interests and property. In 2020 the Mortgage Advice Bureau saw a 60% year-on-year rise in applications from cohabiting couples, indicating the lockdown had accelerated the moving in process for many.     

We urge unmarried partners to consider a cohabitation or ‘living together’ agreement which sets out what they want to happen – both while they live together and if their relationship ends.

The agreement clarifies who owns what and in what proportion. It also includes how property will be divided and what will happen with personal belongings, savings, debts, pensions and other assets.

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

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

Agreeing 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 avoid the likelihood of cohabitees, particularly those with children, 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 living together agreements and, sadly, in dealing with disputes arising from separations where there has been no such agreement.

For queries or concerns on living together agreements 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

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By Jones Myers founder, Peter Jones

The thorny issue of how cohabitation affects divorce settlements can differ from case to case and have long-lasting monetary and lifestyle implications on a former spouse.

In divorce proceedings, all ex-spouses are required to be open and transparent about financial disclosures (which include cohabitation) until a financial agreement or order has been agreed by a Court.  

This agreement is a contract between the divorcing couple and is invariably made an order of the court.It sets out how any property, finances and spousal maintenance should be shared between them post divorce.

The Financial Order, also known as a Court Order, sets out the financial arrangements between you and your ex. Approved and issued by a Judge, it makes your termslegally binding.

Here are some examples of how living with a new partner can impact on financial settlements.

Scenario 1 

The ex-husband has been the primary earner throughout the marriage while his former wife stayed at home to look after their children. He meets a new partner who owns her house and earns a good salary.

In this case a Court may considerthat the housing arrangements of the husband are resolved and may then give a more favourable view of the wife’s position. It could be her entitlement to remain for a period of time in the property or to receive a more generous share on sale.

The husband will also have less housing costs (as he may be sharing these with his cohabitee) and therefore will have a greater disposable income from which to pay maintenance. 

Scenario 2

A husband and his former wife have undergone divorce and a financial order has been agreed in which she receives maintenance. During the financial settlement process, his ex-spouse fails to disclose that she has been living with a younger man on a low-income.   

The Court would need to be satisfied that the wife’s financial situation was much improved by the cohabitee sharing housingcosts and she may risk a reduction in maintenance.  If the cohabitee was earning a substantial income, this could also have an impact by a reduction in the maintenance. 

Scenario 3

Complexities arise in situations where, for example, a former husband on a good salary has been cohabitating with a new partner who has four children, one of whom is disabled.  

There is a conventional view that first families come first.  The husband in this instance was aware of his responsibilities to his first wife and family before he embarked on a second relationship.  However, in this case the Court has a difficult balancing act to satisfy the financial requirements of 2 families.

Key considerations

As an ex-spouse you must give a full and frank disclosure of yourfinancial means to your ex and vice versa right up to the point that the Court Order is approved.

If you start living with a new partner before the financial settlement is agreed or have an intention to do so after the divorce – and have not disclosed the relationship or intention while negotiations are ongoing – your settlement can be changed when it is later discovered. 

The outcome could result in a change in the terms of the order and the possibility of paying the court costs.  

If you are unsure of your position on cohabitation while divorcing, I urge you to seek advice from an experienced family lawyer. 

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

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We’re launching a new feature to give readers an insight into the professional and personal life of our experienced and empathetic family lawyers.  

The spotlight for our first profile is on Senior Family Law Executive, Anna Sutcliffe, who is based at Jones Myers office in York.    

What prompted you to become a family lawyer?

I used to watch a programme in the late nineties called “This Life” which was based on the life of young Barristers. It got me interested in the legal world. I started with crime and mental health tribunals and transferred to family law in 1996 when a vacancy arose for a junior secretary within that department with a view to progressing. I have since worked my way up by studying CILEX (Chartered Institute of Legal Executives).

What particular areas of family law do you specialise in?

I focus on divorce and financial issues arising from divorce. In addition I deal with cohabitation, domestic violence and private law children’s proceedings.

How would your clients describe you?

They say I instil confidence into my clients from my knowledge and experience of the financial consequences of the breakdown of marriage.  They’d say I was friendly, approachable – and a good listener.

What have been the most significant cases you have worked on?

I acted for a wife who separated from her former spouse after 29 years of marriage. The court had ordered her ex-husband to make her monthly payments until she died, remarried – or the court made a further order.  However, when the order was written up, it contained an error which created uncertainty as to when the payments should end.

On remarrying, the ex-husband said the court order enabled him to stop paying his former wife. However the family court agreed with the wife that the order should have been corrected and dismissed his application to appeal to keep the incorrect one.

Jones Myers successfully resolved the case by drawing on the principle of the ‘slip rule’ which allows courts to correct accidental slips in judgments and orders. This ensured that the ex-husband’s obligation to pay his former spouse should continue. 

If you weren’t in your current role, what would you do?

I would also liked to have worked for the National Crime Agency.

What’s your favourite time of day – and why?

Its 9pm because I can sit and chill for an hour or two before bed!

What’s your top lockdown tip?

Dog walking has kept me sane.

What’s your favourite pastime?

I am a keen swimmer and cyclist and also watch a lot of football.

Where will you go when travel is allowed again?

Devon. My dad has bought a motor home for the family so I’ll be packing up in that and going away in the summer hopefully.

For queries on divorce or any aspect of family law, 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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The third national lockdown has understandably raised more questions and worries about the impact of the new restrictions, the availability of vaccines – and access to key services.    

Jones Myers is responding to concerns that the lockdown – forced by a surge in the new variant of Covid-19 – will prevent members of the public who are experiencing difficulties with their relationships from obtaining advice and if necessary issuing proceedings.

We have received numerous enquiries as to whether areas of family law such as arrangements for children,  finances, and protection for cohabitating couples can be progressed.  

We are reassuring our clients that we will continue to provide them with advice and support, which includes a free-of-charge 30-minute consultation via telephone or video for new clients.    

We can also still offer face-to-face meetings – in line with government guidance and ensuring effective social distancing protocols – in circumstances that cannot be dealt with remotely.

We can assist our clients within and outside the UK to access our specialist services and our offices in Leeds, Harrogate and York will remain open.     

With courts only opening their doors for face to face hearings in urgent cases, our remote working capabilities ensure  clients’ cases are heard and progressed effectively and in a timely manner.  

We are also helping an increasing number of clients through Mediation,  Collaborative Law and Arbitration which avoid going to court and can help achieve a resolution more swiftly and cost effectively.

Finding the right family lawyer is critical. We always recommend appointing one who is a member of Resolution which is committed to dealing with relationship breakdown issues in a constructive and non-confrontational manner.  

Jones Myers is a long-standing Resolution member. Our founder Peter Jones, a former National chairman of Resolution and Deputy District Judge, also chairs Resolution’s specialist accreditation committee.

As a niche family law firm we empathise with the prolonged stress and trauma which those embroiled in a relationship break down are encountering.

We offer access to vital support services and our capability, expertise and commitment will advise and support in all areas of family law through the uncertain days, weeks and months ahead.      

For advice on divorce 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 @helpwithdivorce

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Our niche family law firm Jones Myers warmly welcomes solicitor Lilly Grant to our growing team of specialist family lawyers. 

Based in our Leeds city centre office, Lilly specialises in divorce and separation, children arrangements and financial settlements.

She is currently supportingour internationally renowned Children’s Team which deals with all aspects of children law including residence, contact, relocation and child protection.

Our Children’s Department is headed by partner Kate Banerjee who has Higher Court Rights and is a member of the International Abduction and Child Custody Unit. The team’s reputation in balancing the needs of children and their parents in all scenarios is unparalleled. 

Said partner Andrew Fox: “We are delighted to have made a series of new appointments across our offices in Leeds, Harrogate and York following increased demand for our specialist matrimonial advice.

“Lilly is respected for adopting a sensible and thorough approach to cases and clients appreciate her understanding and caring manner. We wish her continued success as a valued member of our team.”

Lilly said: “Jones Myers has an excellent reputation in family law and its lawyers are leaders in their field. I am looking forward to being part of the team as the firm continues to go from strength to strength.”    

Our team expansion also includes senior family law executive Anna Sutcliffe who is based at our York office and experienced family lawyer Debra Jackson, a specialist in cohabitation.    

The only family law practice in Leeds with its own specialist in-house counsel, our lawyers’ expertise jointly combines almost 300 years’ legal experience. They include collaborative lawyers, mediators, one of the UK’s first Family Law arbitrators and a former Deputy District Judge.

For queries about divorce or 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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Our niche family law firm continues to expand our expertise at our York office following increased demand for our specialist matrimonial advice.

The latest appointment sees senior family law executive Anna Sutcliffe join our practice’s city centre office in St Martin’s Lane which was launched in May 2019.

Working exclusively in family law since 1995, Anna specialises in divorce and separation and related financial arrangements. Her experience extends to cohabitation and private law children disputes along with domestic abuse cases.

The York office is headed by Jones Myers partner Nicki Mitchell. A mediator and the first family lawyer in York to qualify as a collaborative family lawyer in 2005, Nicki has over 25 years’ experience specialising in the financial aspects of marriage breakdown.   

Nicki says: “We are delighted to welcome Anna on board as our commissions from our regional, national and international clients increase across our offices in Leeds, York and Harrogate.  

“Anna is commended by clients for her sensible advice and commitment to achieving the best outcomes for them and we wish her every success.”

Anna commented: “Jones Myers has an excellent track record and is highly respected by its clients and peers. I’m looking forward to playing a role in the firm’s continued expansion as it goes from strength to strength. ” 

Jones Myers ongoing recruitment drive has resulted in a series of new appointments which include experienced family lawyer Debra Jackson, a specialist in cohabitation, joining the Leeds office and newly qualified solicitor Lilly Grant.  

Consistently ranked in a joint Top Tier position by the Legal 500 and Chambers guides alongside national firms, Jones Myers is the only family law firm in Leeds with its own in-house barrister.

For queries on divorce or any aspect of family law, 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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Our niche family law firm Jones Myers is further expanding its team with the appointment of highly experienced family lawyer Debra Jackson.

Debra’s extensive expertise across eleven years spans divorce, financial settlements, pre and post nuptial agreements as well as inheritances and trusts.

A specialist in cases involving unmarried couples, Debra has gained Specialist Accreditation from Resolution in cohabitation.  

Debra encourages her clients to consider Mediation and other forms of Alternative Dispute Resolution which avoid going to court.  

However, when a Court process is appropriate, she is equally experienced in providing clients with all options to enable them to make informed decisions that are right for them.

Treating each client as an individual, Debra’s clients commend her honesty and straightforward approach, and applaud her empathy and understanding.

Jones Myers partner and director Richard Peaker said: “Debra’s strong track record complements and enhances the expertise of our family lawyers and we wish her every success.

“Attracting and retaining top talent remains a top priority as we continue recruiting in line with a further increase in instructions from our local, national and international clients to meet growing demand.”

Jones Myers – which has offices in Leeds, Harrogate and York – is consistently ranked in a joint Top Tier position by the Legal 500 and Chambers guides alongside national practices. We are the only family law firm in Leeds with its own in-house barrister.

Said Debra: “Jones Myers has an outstanding reputation and it’s tremendous to join the firm at this formative period in its development. I thrive on the challenges of complicated cases and am looking forward to helping clients achieve creative solutions tailored to their individual circumstances and needs.”

Debra’s appointment has been well received in media publications including Yorkshire Legal and the Yorkshire Times.  

The expansion is the latest in a series of developments for the firm which has recently appointed a new partner and boosted its teams across all three offices.  

Jones Myers founder Peter Jones, partner and director Richard Peaker and collaborative law expert Norman Taylor have also recently featured in the UK’s ‘Best Lawyers’ listing for the 12^th consecutive year.

For queries on divorce or any aspect of family law, 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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