By Jones Myers founder, Peter Jones

The services offered by our niche, award-winning family law firm include arranging Private Financial Dispute Resolution Hearings (FDR’s) which are taking on an increased importance and formality in financial disputes in family cases.   

What is a private FDR?

A private FDR is a hearing where you and your ex pay for a financial remedy specialist to act as a private FDR Judge. The hearing usually comes after you have both established what your assets are – and what they are worth. 

What does the Judge do?

The expertise of the FDR Judge, who may be a solicitor, barrister or retired judge, helps to accelerate and maximise the prospects of a settlement. The judge suggests which areas of each party’s position they prefer and the range ofdecisions they would arrive at if the case were at the Final Hearing stage.

Having the wisdom and influence of the Judge, who knows the background of the parties’ specific case, can enable ongoing negotiations to bring about a settlement. The Judge does not hear evidence at this hearing, and the parties do not have to give any verbal evidence.

How much does the hearing cost?

The court process FDR requires the attendance of the parties and their legal team. A private FDR has an additional cost of the private judge for the hearing.

The cost will depend on the complexity of the case and the experience and time of the private Judge.  The cost (shared between the parties) can range from £1,500 to £7,500. The extra value is that the judge will have sufficient time to read thoroughly all the papers and hear from the legal representatives before they give a detailed view. 

Does an FDR save on divorce costs?

Yes, as the hearing is much quicker and more detailed. Successful FDRs see the Judge advising both of you as to how the case might be concluded and encouraging settlement to avoid the substantial costs and trauma of a full hearing.   

If you both do not agree a private alternative, you would go though the official court route where you would be allocated a Judge, who may not have a background in Family Law.

The Judge allocated is also dealing with 5-7 cases in one day and has limited time to get to grips with their complexities. Added to this are ongoing delays in cases getting to court along with cases over-running and/or not starting on time.

What are the benefits of FDRs?

They provide a dynamic formal structure which focuses you on finding a way forward. Far from being a forensic examination of monetary matters, the hearing draws on the responsibilities, liabilities, and requirements of all parties to devise a settlement which will work going forward.

The hearing replaces forceful litigation and the search for a solution takes in wider issues other than solely financial. If an agreement is reached, the advocates involved will, if possible, look to finalise a draft order on the day and ask the Judge to approve it. This saves on the cost of progressing matters to a final hearing. 

What if we don’t reach a solution?

If, at the end of the hearing, you both still disagree over certain areas, additional instructions can be made and incorporated into a court order showing what further evidence is needed before the Judge can make a final decision.

Are FDR’s only relevant for complex cases?

Increasingly recognised and welcomed by the Courts, they are relevant for most cases and frequently involve complex cases. The service is only offered by Jones Myers and a limited number of family law firms who recognise the speed and quality of seeking out a settlement with which both parties and accept.

For advice on FDRs, financial settlement 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 @helpwithdivorce

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The possible resumption of foreign holidays from next month is prompting concerns from divorced parents who fear their ex will want to take their children abroad. 

This anxiety is further heightened by the continuing global pandemic which places countries in a traffic light system depending upon their Covid figures and degree of risk.   

The safety of your child is of paramount importance. At present it is illegal to travel abroad without a reasonable excuse. Anyone thinking of travelling for pleasure from May 17 when restrictions are expected to be lifted should follow Government advice on this website.  

Outside of the ever changing restrictions due to Covid-19, there are only two circumstances in which your ex can take your children of the country for up to a month without your permission. Covid rules and regulations have not changed that.

The first is if they have a Child Arrangements Order that verifies that a child “lives with” them, or if they secure a Court Order – called a Specific Issue Order – giving consent.

The latter is applied for if your spouse does not have a Child Arrangements Order and thinks you are unreasonable in refusing permission. In these circumstances, the Court is asked to consider the facts of each case, and determine whether the child should be allowed to travel.

In reaching this decision the Court is likely to take into account relevant factors such as government advice, and quarantining rules, as well as other factors such as durations of the holiday and location etc. The Court is usually fairly reluctant to stand in the way of a child enjoying quality family time on a holiday abroad unless there is a clear justification for it.

For an application to be successful, the applicant should provide details of the proposed holiday – where they will be staying, with whom, for how long etc. The parent remaining at home may also need assurances that their spouse will return the child’s passport after the holiday and call them regularly while they are away. 

Examples of when the court may not approve a holiday would be if a child may be at risk due to medical reasons or if they are travelling to a dangerous part of the world. It might also be reasonable to assume the Court may consider a further reason being the proposal to travel to one of the 40 countries currently on the Government’s red list.  

Courts are also more wary if your ex plans to take your child to countries that are not a signatory of the Hague Convention on International child abduction. They include Afghanistan, Egypt, Iraq, Saudi Arabia, Zimbabwe, India and Iran.

If you have major concerns, you can also apply to the court for a Prohibited Steps Order which prevents either of you taking your children outside the country without the other’s permission.

If your ex pressurises you to approval their travel plans, we advise taking expert legal advice on the legality of the travel. You can also keep hold of your child’s passport until you have the details of the holiday and are satisfied it is safe to travel.

Our dedicated Children Department is adept at dealing with all aspects of children law and balances the needs of children and their parents in wide-ranging issues. As collaborative family lawyers, we advise parents to reach a settlement, wherever possible, by avoiding protracted, expensive and stressful court confrontations.

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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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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