The announcement comes as the government’s own figures reveal that 60% of parents are now without a lawyer when they go to court to contest arrangements for their children.

Statistics from the Ministry of Justice also show that the number of litigants in person contesting financial matters rose to over 30% for the first time.

It pains me to say “we told you so”, however as regular readers of our blog will know, we predicted that the demise of legal aid for most family matters would propel more people into DIY divorces with far reaching consequences for the wellbeing of both parents and children.

The government’s £1.4m investment in increasing advice at eight Personal Support Units in England and Wales is akin to putting a sticking plaster over a broken limb.

Couples need expert legal advice before they attend court, not when they are turn up on the day for their hearing.

Other elements of the initiative include increasing online advice for separating couples, using law graduates and retired volunteers to provide extra advice, and directing people to lawyers giving pro bono (free) support and even legal representation.

We would agree with the Law Society’s comments on the measures below:

“Legal aid cuts have forced more and more people into “do it yourself” justice, where they find themselves in strange surroundings, dealing with unfamiliar procedures while trying to sort out the future of their children, family home and finances.

“A support strategy is not the solution for the many vulnerable people who need early, expert legal advice. Pro bono advice can never be a substitute for a properly funded legal aid system.”

The government says it is committed to helping divorcing couples resolve their issues outside court, yet this latest ‘knee jerk’ measure is directed at those who find themselves in that very place.

It is perhaps worth reflecting that no one would expect you to remove your own appendix; why therefore does government think that everyone can be their own (objective) lawyer? So often it is that good advice early on which can resolve matters – saving financial and emotional cost and court time. I doubt if government will listen.

Perhaps we should all buy the DIY book on surgery….just in case.

Do you have experience or views on going to family courts without a lawyer? Do you think this new service will help?

If you have any questions about separation or divorce please call us on 0113 246 0055, leave us a comment below or drop us an e-mail.

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First we had DIY online divorces, now I read this week that couples are being offered online DIY pre-nuptial arrangements for just £25!

As readers of this blog will know, at Jones Myers we actively encourage couples to consider drawing up a pre-nup or pre-cip before they marry or enter into a civil partnership.

We engage couples in frank and open discussions so that they can agree in advance what should happen to their finances if their relationship breaks down.  With 42 percent of marriages in England and Wales ending in divorce, these arrangements are increasingly a sensible option and may help resolve future conflict should a couple break up.

However, alarm bells should ring at the notion of a ‘one of size’ fits all online service that could leave both partners vulnerable if their marriage or partnership crumbles. Yes, £25 is cheap, but in the long run this DIY pre-nup could be a very expensive option.

Under English and Welsh law pre-marriage arrangements are not actually legally binding, however the courts now try to give effect to the couple’s wishes.

A judge will consider how the agreement was drawn up – checking that both partners had impartial, expert legal advice and ensuring that no-one was coerced into signing. Issues such as a change in circumstances since the pre-nup was drawn up could affect how courts view the validity of the agreement.

My fear is that courts may well throw out these DIY pre-nups that take just 20 minutes to complete and are undertaken without any independent legal advice.

Pre-nups are increasingly popular to help safeguard finances and assets built up before a marriage or civil partnership, or to protect future inheritances. Couples marrying for a second time may find a pre-nup particularly useful where there are children from a first marriage. DIY pre-nups would not work for such complex situations and – even worse – could be worthless.

I am a big fan of these arrangements. They are ideal to help couples agree solutions to sensitive issues before problems arise and can help to avoid confrontation and substantial litigation costs in the future.

However, I would urge couples to talk to an expert family lawyer before embarking on a pre-marriage agreement.  Like any DIY task, a cheap-fix online pre-nup, could be a costly botched job.

What are your views on online DIY pre-nups?  You can comment below or on Twitter @helpwithdivorce

If you would like to know more about pre-nups or pre-cips please call us on 0113 246 0055 or drop us an e-mail

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Mr Vince was claiming state benefits during his marriage to Kathleen Wyatt and even spent time as a new age traveller following his divorce 21 years ago.  Little did he think his ex-wife would drag him through the courts years later to claim a £2 million share of his fortune.

Within just three years of their divorce, Mr Vince had founded Ecotricity, a highly successful supplier of wind energy and, by 2012, the company had net assets of £56m with 75,000 customers generating turnover of £54m and profits of £500,000.

In 2010, Ms Wyatt launched a ‘financial remedy’ claim against Mr Vince – 18 years after their divorce was finalised – seeking a share of her ex-husband’s now substantial assets.

Dale Vince

So how did Mr Vince end up in this position? This case is undoubtedly a stark warning to all to make sure that any financial settlements made at the time of their divorce are sanctioned by the court.

For Mr Vince, there is no record of whether any financial orders were made because all the papers, apart from the divorce decree itself, were destroyed and the files of the solicitors used were non-existent.

Fortunately for Mr Vince the High Court rejected the order and Lord Justice Jackson ruled that he should not be expected to pay his ex-wife part of his fortune just because he had become a successful businessman.  This was despite Mr Vince being ordered initially to pay his ex-wife £125,000 to fund her legal costs to bring her claim against him.

His case highlights what can go wrong when formal agreements, known as a consent order and a clean break order, are not entered into.

In simple terms, the consent order sets out any financial agreement in the divorce process, but it is the clean break order which is particularly critical – especially for business owners, or anyone planning to set up a business post-divorce.  This latter order formally dismisses the right for either party to ask for money or a share of assets in the future.

Mr Vince’s experience reinforces the importance of seeking legal advice when getting divorced and is an excellent reason to avoid DIY divorce websites.

Another way to protect assets is for both parties to sign a pre-nuptial agreement as a business could be regarded as a matrimonial asset to be sold or shared in a divorce. Nevertheless, the final order, whether by consent or ordered by the court, is imperative.

If you are already married, it would be worth considering a post-nuptial agreement to protect any new business ventures.

One thing to avoid if considering divorce is to hide or dispose of assets. This will be frowned upon by the court and could even land you in jail.

Jones Myers would like to wish everyone a happy time this Christmas, with family or friends, wherever you are.

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The report highlights that couples are turning to on-line services because they can’t afford the cost of a divorce lawyer. While we may take the figures in the report with a pinch of salt (the survey was conducted by an on-line divorce business) we can’t discount this trend.

As we predicted, the demise of Legal Aid for most divorce and family matters is already having a significant impact on middle England – the most vulnerable members of our society who no longer qualify for public funding. No wonder then that many cash-strapped couples are going it alone.

An on-line DIY divorce costing around £50 may seem like a huge bargain. Why would you instruct a specialist lawyer when, with a few clicks of a mouse, you and your ex can divorce legally, and seemingly, cheaply?

Here are five reasons why DIY divorce could spell disaster:

1. Hidden costs: That cheap DIY divorce does not include the £410 court fees you must pay. Also, if the divorce is not straight forward, then you will incur additional costs. There will be VAT on the charges excluding the court fee.  It will not include the vital area of sorting out the financial issues.
2. One party is more forceful: A DIY divorce is not suitable if there is an imbalance of power within a relationship. If one party is dominant, bullying, controlling or abusive – then the other party may agree to options which are not in their best interests simply to keep the peace.
3. Finance: These are easy to overlook in a DIY divorce, and can leave men and women out of pocket in the long term. Finances encompass pensions, any business one party may own, property, maintenance, endowment policies, life cover trusts – along with other potential assets. Your ex may make a verbal promise in your DIY divorce that you would be looked after, with regards to assets and maintenance. This promise might not be honoured.  Alternatively what happens if, two years after your DIY divorce, he or she is made redundant or is unable to work through illness and you have no court order for finances?  That verbal promise won’t hold water in a court so both parties will need professional legal advice to unpick the financial mess. Unravelling finances in this situation is likely to prove more costly than taking expert advice before you divorce
4. Guilt: Very often one party will be wracked with guilt and a DIY divorce may simply hand over everything, without any thought of how he or she will manage financially in years to come. Taking advice from a collaborative lawyer will help both parties to avoid costly mistakes.
5. Financial security: The importance of taking the time to address the critical financial areas we outline in point 3 regarding property, assets, maintenance and pensions far outweigh the costly and emotional ramifications of not doing so.  As an example, consider the ex-wife who divorced her husband in a ‘tick box’ DIY process – but is now is left with no pension when her former husband dies suddenly  because she lost her entitlement when she received the decree absolute.  A woman whose ex-husband dies within months of remarrying could see his pension entitlement go to the new wife while she is left with nothing.  With the right legal advice before divorcing these ex-wives would be certain of some long term financial security.

In our experience the majority of separating and divorcing couples require advice on financial issues and very many need help to agree contact with their children. Far from being there to simply rack up fees, a good and experienced divorce and family lawyer will help you to consider the best options – which may include mediation – and guide you through the myriad of complexities.

To find out how we can help please call us on 0113 246 0055, comment below or drop us an e-mail.

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Marital breakdown may be a familiar term but for the people involved, a failed relationship is unique.

Finding the right way to legally part can avoid further upset and secure the future for both parties, both financially and emotionally.

Do-It-Yourself

Couples who believe the DIY option will be cheaper, quicker and problem-free because they avoid a court process are mistaken. The unnecessary trauma of court proceedings can be avoided through seeking the advice of an experience collaborative family lawyer and will protect a couple from making the potentially costly and irreversible mistakes associated with DIY divorce.

Mediation

At Jones Myers LLP we are committed to using dispute resolution to minimise the stress and cost associated with relationship breakdown. Divorce mediation offers a highly effective way for both parties to discuss, agree and resolve issues. An impartial, experienced mediator will help the couple come to an agreement on all aspects of their divorce. This approach avoids both parties taking a confrontational stance in a public court which could impact on any children involved in the divorce proceedings. Mediation also gives the couple control over their divorce as they are making the important decisions.

Collaborative Divorce

Jones Myers LLP is committed and experienced in this approach which provides a smooth and civilised process for couples to achieve an amicable separation. In a collaborative divorce both parties, together with their lawyers, are involved in negotiations through face-to-face meetings. When appropriate, additional professional advisers, such as accountants and counsellors can also be brought in to the discussions.

Arbitration

If during the course of the previous two methods of dispute resolutions discrete issues become contentious, couples can use arbitration to resolve the problem quickly and efficiently, without recourse to the courts. Arbitrators act as ‘informal judges’ and because they are in private practice are more readily available and prepared to sit outside conventional court times. Arbitration is also cheaper because it is not subject to as many delays as the court process. As one of the 40 specially trained family lawyers appointed as arbitrators in the UK, I am proud to be at the frontline of a ground breaking development in family law.

Litigation

When compared to the dispute resolution process, recourse to a lengthy, public, adversarial and expensive court action has little to recommend it.  Couples will find a judge who knows very little about them and their family will make the final decisions – on children, property, money, and ultimately how each party will live their life going forward. There is surely no better argument than this for collaborative family law when it comes to matters of divorce.

If you’re looking to resolve relationship challenges in a civilised manner, speak to one of our team call us at Jones Myers LLP on 0113 246 0055, comment below or drop us an e-mail.  You can now follow us on Twitter @helpwithdivorce?

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