By Nicki Mitchell, Jones Myers Family Law Mediator and Child Inclusive Mediator – as featured in The Divorce Magazine

If you opt to settle your divorce through mediation rather than a drawn out, expensive and contentious Court settlement, choosing the right mediator is vital.

Here are some guidelines to help ensure the best possible outcome for you, your ex, and – most importantly – any children involved in your relationship breakdown.    

Who chooses the mediator?      

The first step if for each of you separately to attend a confidential Mediation Information Assessment Meeting (MIAM) with a qualified mediator who should  be approved by the Family Mediation Council (FMC).

You can appoint your own mediator through the FMC register which lists mediators near where you live.

At the MIAM you both discuss with the mediator key issues that need resolving. If you have children, the mediator should explain to you how your children’s voice can be heard within the process.

The mediator will explain the mediation  process and consider with you alternative ways of resolving the issues between you.  At the end of the session, you and the Mediator will come to a decision together as to whether you think mediation is suitable for you.

Why should the mediator have to be approved by the FMC?

Anyone with no training or qualifications can claim to be a family mediator.   

FMC approval gives you the confidence that the mediator entrusted with this crucial role has been trained – and is qualified, and fully insured.

What is the mediator’s role after the MIAM?

If mediation is the way forward, the mediator who conducted your MIAM will set up a joint meeting with the two of you

Your chosen mediator will help you both work out key issues such as children contact and support along with dividing assets, property, pensions, and debts.

It can be very helpful in disputes relating to financial issues for you to use an FMC accredited mediator who is also a family lawyer. Although they will remain impartial in the process, they will be able to give you very useful legal information in the mediation, providing explanations as to how the legal process works and the options available to you around your properties, debt, pension, and income. 

Where there is a need for you to take your own legal advice, this will be flagged up by the mediator.

Giving couples control over their divorce, mediation can be completed in as few or as many meetings as you need.  These can take place over a few months or, in some cases, weeks.  Depending on the issues, some couples can come to agreed proposals in just one meeting.

Findings from the Family Mediation Council highlight that agreements are reached in over 70% of cases of couples undergoing mediation.

I have seen repeatedly how mediation helps separating couples to find an agreed way forward in a constructive, positive manner which avoids going to Court, prioritises children’s well-being – and supports the long-term interests of all those involved.

Jones Myers expert mediators can assist you in this non-confrontational option which keeps communication channels open for many divorcing couples and enables them and their children to move on with their lives.

For more information on mediation or other family law issues, call our Leeds office 0113 246 0055, our Harrogate office 01423 276104, or our York office on 01904 202550. 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.

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A study which reveals that seven out of 10 divorcing couples do not include pensions in their divorce settlements re-enforces our previous concerns about women struggling financially during their retirement.

Even more disturbing is the fact that 58% of participants indicated that pensions were never discussed when negotiating a financial settlement.

Pensions – the second highest value asset in a divorce settlement after the family home – often make up on average 42% of the household wealth. 

They are vital in the financial disclosure process of divorce. This entails producing a full statement of divorcing couples’ current earnings and assets). It also includes full details of all pensions including state pensions along with the value of each one.

The financial statement aims to ensure that detailed negotiations can take place. This is to enable both ex-spouses receive a fair settlement which could include a division of the pension benefit fund. 

Pension sharing, the most popular method of reaching a divorce settlement, enables a clean break between parties in respect of capital claims. In most cases, the pension fund permits a transfer of a percentage of the pension to another pension provider.

The pension share is not compulsory. In some instances, a party may prefer to take a greater share of the family’s home or other capital, abandoning any claim against the other party’s pension.

 It is important to assess how the parties’ finances will be in the years ahead to avoid and any longer-term financial problems.

Some divorces may involve several pension arrangements so it is important to consider which ones should be shared – and to what extent. 

Expert advice from an Independent Financial Adviser will help with this along with a valuation and projected future incomes.

The pension share may be internal (when the recipient becomes a member of the scheme) or external.

A pension share must be invested in an existing or new arrangement of the receiving party. Utmost care should be taken to obtain details of the cost of any transfer.

The Court will look at the needs of the parties and what other assets are available for distribution.

Agreeing financial settlements which avoid going to Court can be resolved through alternative processes including Mediation.  Here, an impartial third party “the mediator” helps separating couples to discuss issues confidentially and find workable agreements.

There is also Collaborative Family Law where a “no court” agreement is signed at the beginning of the process so that there is a shared commitment to finding an agreed resolution.

Another choice is Arbitration where a Family Law Arbitrator (‘judge’) decides the outcome of divorce financial settlements.

Once an agreement (Award) has been decided with the above processes, details are sent to the court for an order to set in the place a pension share.

Sadly, going to Court is sometimes necessary. Jones Myers experienced lawyers advise on options best suit our clients.

For queries on divorce, pension sharing, finances, 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

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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We’re delighted to share the news that the Jones Myers blog is ranked 9^th in the UK’s Best 25 family law blogs and websites to follow in 2022.

Launched in 2011, our weekly blog shares insights and tips on wide-ranging aspects of family law to help boost our readers’ understanding of key issues which may affect them and their families.

Topics include divorce, financial settlements, children’s law, arbitration, collaborative family law, mediation, cohabitation, pre-nups, and post-nups.

Aligned with recent seismic changes in divorce laws and the introduction of No-Fault Divorce, we have produced a series of informative blogs to enhance our readers’ understanding of how the new laws will affect them.     

The articles included how, for the first time ever, couples can submit a joint application on mutual terms in No-Fault Divorce – along with the various steps to take for those who are in this situation.

Jones Myers extensive expertise in working with clients towards solutions which avoid confrontation, unnecessary expense, and litigation (going to court) span arbitration, collaboration, and mediation.

Our No-Fault Divorce blogs also explain how No-Fault Divorce includes a 20 week ‘reflection period’ during which mediation can be instrumental to help separating couples negotiate an agreed settlement of the financial issues.  

Since Jones Myers was founded in 1992, our ethos has always been to recommend that clients put the interests of their children first in divorce and separation.

Tip and articles from our internationally renowned Children’s Department include how to prevent child abduction, the importance of protecting and supporting Children’s mental health – and how separated parents can work together for their children’s wellbeing.            

Over the years Jones Myers has campaigned vociferously for major law reforms including protection for cohabitating couples.

At the law currently stands, despite forming the fastest growing type of family group, couples living together have no legal protection should they separate, or if one of them dies.

Our blogs include advice on how these couples can protect themselves in key areas such as savings, income, pensions, business interests, property. They also focus on how children can be supported.

As a multi award-winning firm which is passionate about consistently delivering excellence to our valued clients, we thank our readers who are key to us achieving this prestigious ranking.

We also welcome comments from our clients and readers who we are here to support and advise.   

For queries on No-Fault Divorce, or any aspect of family law, call our Leeds office 0113 246 0055, our Harrogate office 01423 276104, or our York office on 01904 202550. Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

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The strains of the Easter holidays on families and relationships may prove a trigger point for many spouses to contemplate divorce in the hope that their lives will ‘return to normal.’  

Filing for divorce is traumatic and life-changing with various studies revealing that between one third and one half of divorcees wished they had made more effort to stay in their marriage.       

Before taking the leap, answer these questions:

Do you still love your husband/wife?

A video of a wife who was on the verge of a divorce revealed she knew their marriage could be saved because they still loved each other. If your marriage is worth salvaging, consider counselling sessions to address your issues in a confidential environment.

How would divorce affect your children?

Many adults still remember the bombshell of their parents splitting up. Divorce can be long-lasting and, in some cases, damaging to children’s long-term health. Think through how terminating your relationship will impact on their interests which should always come first.

How would it impact on the wider family and friends?

A marriage break up can have far reaching effects on wider family members who may feel the need to take sides. How would it impact on your support network and important routines such as school runs, sports activities, and holidays? Being divorced can also change the dynamics of your friendships with other couples.   

Can you afford to be divorced?

Fear of starting all over again can cause a state of paralysis. This is particularly applicable to spouses who have not had to deal with financial practicalities such as tax, standing orders and direct debits.

Would you have sufficient income, where would you live – and how would that work for your children’s domestic, schooling and holiday arrangements?

If you are a mother who has stayed at home to bring up your children, would you need to return to work. If so, would this require, retraining, studying etc?

How would it affect your work?

If you are working, does your current work and career involve working shifts and unsociable hours? Would your employer be supportive if you divorced and required extra time off if the children were unwell or, for example, needed taking to appointments?

Would you be happier post-divorce?

Understanding what makes you happy is vital. While some people see divorce as a solution to their problems, many studies indicate that it does not necessarily make them happier.

As a niche family law firm, Jones Myers adopts a holistic approach to family law and has access to tried and tested professionals including counsellors and tax experts.

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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By Jones Myers founder, Peter Jones 

The countdown is underway to April 6 when the introduction of No-Fault Divorce brings the most far-reaching changes to divorce laws in the last five decades.

Jones Myers has campaigned vociferously for the introduction of these revolutionary measures which will end the bitter ‘blame game’.  In the first of a series of articles, we address some key questions:

What is the thinking behind No-Fault Divorce?

No-Fault Divorce aims to make it easier for couples to manage their separation and work together to avoid lengthy, costly, and stressful court disputes.

How different is it from the current system?

Under existing laws, unless couples have lived apart for two or five years, one partner must refer to some form of blame – either adultery, desertion, or unreasonable behaviour – for the marriage breakdown.

No-Fault Divorce removes the need for separating couples to prove fault or to live apart for at least two years before being granted a divorce.

Could we apply separately for a divorce?

Yes, you can individually seek a divorce or submit a joint application on mutual terms.

If my ex filed for divorce, can I contest it?

As the element of fault/blame will be removed, a divorce application cannot be defended.

Will it be quicker to get a divorce?

Yes. Depending upon the circumstances, it can currently take between four months to a year to terminate a marriage and reach a financial settlement.

The new time scales require a period of a minimum of20 weeks between lodging an application with the court and applying for a Conditional Order (currently known as a Decree Nisi).

This gives couples time to carefully consider if they are making the right decision. If, after 20 weeks, they still want to go ahead, they need to inform the court and after a further 6 weeksapply for a Final Order (currently known as a Decree Absolute).

Will divorce become less expensive?

Yes, as contesting petitions can rachet up costs. Presuming that the court fee of £593 does not increase, the simplified and online process will be less expensive.

What are the benefits?

Removing blame is expected to create a better forum for negotiations relating to children’s arrangements and finance.

Although one or both ex partners may still mentally attribute blame to their former spouse for the breakup, excluding the reference tofault in the divorce application will hopefully create a more inclusive and collaborative atmosphere to discuss and reach a solution.

Will it make dividing assets easier?

Hopefully yes, as again the element of blame will be excluded when the court deals with finances – unless the conduct of either, or both applicants, is exceptional.

It is anticipated that separating couples will be more open minded to discuss financial issues without the resentment that sometimes exists when blame is articulated.

However, it is important to understand that the divorce process only leads to a dissolution of the marriage.

The financial issues arising from the separation will need to be negotiated and the agreed settlement approved by the court. If agreement is not possible, then a separate process will be to be started.

It is essential to take expert advice with regards to the finances as it may be necessary to delay applying for a Final Order to protect pension and insurance benefits.

For queries on No-Fault Divorce, the current divorce process, 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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By guest blogger – Relationship Counsellor Karen Palmer

After the challenges of a COVID restricted festive season last year, many people are looking forward to a “normal” celebration this year – lots of get togethers with family and friends, lots of fun and generally a happy time all round.

Spare a thought, however, for those people for whom this time of year, every year, can be particularly difficult and emotionally challenging.  Specifically, I mean those families where parents have separated, leaving the question about who do the children go to over the festive period, and all the associated practical and emotional issues around this. 

There is no doubt that children can, and will, pick up on tensions between their parents. Those that already feel unsettled by their family dynamics starting to look different, can sometimes feel worried that they may be seen to be favouring one parent if they spend Christmas Day with one and not the other. 

They can then feel guilty and responsible for the one that is not with them on the day.  There can be the possibility that parents try to “outdo” each other with gifts and showing their children a good time.  Extended family, whilst well meaning, can add to the stress for both parents and children.

The good news is that it does not have to be like this.  Despite differences between separating couples, regardless of the reasons, there is a valid argument for taking the drama out of the situation and finding a way forward that relies on communication, compromise and setting boundaries. 

For the mental well being of both the adults and the children involved, planning  ahead and setting time aside to look at respective expectations and how these can be met, can prove invaluable. Finding yourself in a middle of a situation with no forward planning (or last minute disorganised planning) can feel difficult and unsettling. 

When everyone understands what has been agreed (and sticks to it), things tend to run more smoothly and nobody is then left to feel that they had no control over the situation.

The key to all of the above, however, is communication.  Obviously, in some situations, everything can feel very “raw” (especially if the separation is recent or has been acrimonious).  If it feels too difficult to speak together by yourselves, it can be useful to involve an impartial third party to help facilitate those conversations. 

This can be a family law firm, a mediator or a relationship counsellor.  It is very important that you find the right person for both of you.  This should allow you a safe space for each of you to feel heard and to be able to speak honestly and constructively. 

Karen Palmer, a Relate trained Counsellor who provides relationship counselling for clients who are married, in a relationship, single, separated or divorced, can be contacted on karen.e.palmer@hotmail.com, Tel: 07899708563, or www.karenpalmercounselling.com

For queries on children law, divorce or family law related issues, call Jones Myers 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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Various studies over the years have shown that divorce rates peak at key periods such as couples and families returning home from summer holidays which can put a strain on relationships.

However, on reflection, many divorcees wish they had taken more time to think things through before making the break in haste.   

Others regret missing tell-tale signs of an impending split such as a spouse’s increased working hours, spending less time together along with reduced conversation and intimacy.     

Before taking the plunge, we urge those in this quandary to consider the following:

Filing for divorce is one of the most difficult life-changing decisions in a person’s lifetime and one which many spouses are understandably reticent to embark upon.

1. Ask yourself why you want a divorce? Has your relationship irretrievably broken down – and is your decision based on emotion or logic? Most importantly, do you still love your partner? If the answer is yes and you feel your marriage is worth salvaging, consider counselling
2. Think through how terminating your relationship will impact on your children whose interests should always come first. It is well known that divorce can damage children’s long-term well-being.
3. Talk to close friends or relatives who will enable you to step back and give you some perspective on the situation
4. Work through how your financial situation would change as fear of starting all over again can leave many people in a state of paralysis. This is particularly applicable to spouses who have not had to deal with financial practicalities such as tax, standing orders and direct debits. Would you have sufficient income, where would you live – and how would that work for your children’s domestic, schooling and holiday arrangements? Gathering the necessary documentation to understand your finances can help both of you to think practically about what might be achievable before appointing a family lawyer.
5. Who would be your support network? Which of your friends and family would help with children’s school runs, sports activities, and holidays?
6. Looking at your work and career, would your employer be supportive if you divorced and required extra time off if the children were unwell or needed taking to appointments etc.? Also, if you are the spouse who is currently not working and are thinking about divorce, it’s worthwhile to consider returning to some kind form of employment for financial independence and to boost your confidence and self-appreciation. 

If after considering these points you decide that divorce is the only way forward, ensure you appoint an experienced family lawyer.

We highly recommend they are a member of Resolution – a community of family lawyers and other professionals committed to dealing with relationship breakdown issues in a constructive and non-confrontational manner. 

As part of our holistic approach, Jones Myers, a long-standing member of Resolution, advises and guides our clients through the stages of divorce. This includes alternative processes which avoid going to court. Our post- divorce support includes helping them to stay on the right financial track.

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

Image 1074947 copyright of Richard J Thompson Dreamstime.com

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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 Collaborative Family Lawyer, Norman Taylor 

Having undergone divorce and its practical and emotional challenges, taking control of your financial future is the next critical step.     

Fear of starting all over again can leave many people in a state of paralysis. This is particularly applicable to spouses who have not had to deal with financial practicalities such as tax, standing orders and direct debits.  

In divorce, a financial agreement sets out how you and your ex will divide your finances. It can include you obtaining a share of your former spouse’s pension and/or regular maintenance payments.

As part of its holistic approach, Jones Myers advises and guides our clients through the stages of divorce. Our post divorce support includes helping them to stay on the right financial track.

When preparing for the impact of your divorce, you may already have organised your finances ready to move towards being in control. If not, here are some practical tips to assist you in taking charge of your own destiny:

1. Create a ‘to do’ list of all things financial (bills etc) and an aspirational list to set goals for enjoyable things such as treats and breaks
2. Linked with this, have two bank accounts – one for day-to-day expenses for the house, food, car and associated expenses, direct debits, standing orders and credit card payment. The second is for setting aside some savings for exceptional expenses such non-essential clothing, holidays, and house repairs.
3. Set out the absolute and exact payments needed every month for your house and family 
4. Don’t have bills estimated and only pay for what you use
5. Pay off your credit card monthly and avoid debit cards 
6. Know when your maintenance payments arrive and budget accordingly. Ensure standing orders don’t go out before your monthly payments are due in
7. Apply to your Council for a 25% council tax discount. The concession applies if you are on your own or have younger children  
8. Expand your support network if you’re on your own or have children. Now is an ideal time as the country emerges from lockdown
9. Be prepared and plan for child maintenance coming to an end
10. Take professional advice on preparing and budgeting for your own retirement
11. Make a will. If you have a pension or life assurance, ensure it includes your chosen beneficiaries and is updated. Review it every few years.
12. Stay healthy in body and spirit – try new things. You could also consider engaging a life or Divorce coach who specialises in helping people in your situation prepare for their new future 

If you meet a new partner and are thinking about moving in together, seek the advice of an experienced family law firm like Jones Myers as it could affect existing maintenance agreements.

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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As we continue to expand, our niche family law firm is seeking more top-class family lawyers who are committed to making a difference.    

Our award-winning practice is recruiting a family lawyer with 1-2 years PQE for family law case work – with a particular emphasis on financial remedies.

Our Financial Remedies Department is headed by Jones Myers director Richard Peaker who is described as ‘phenomenal’ by Chambers legal guide.  

Specialising in high-net-worth cases, our team is regularly instructed in multi- jurisdictional proceedings and cases involving complex corporate and often off-shore trust structures.

Partner Kate Banerjee, consistently praised as a ‘leading child law expert’ heads our regionally, nationally and internationally renowned Children Team.

At the forefront of advising clients on international child abduction, the Department deals with issues including adoption, child arrangements, care proceedings, internal and external relocation and Court of Protection work.

Achieving joint top rankings in legal guides for over two decades, Jones Myers was recently crowned Family Law Firm of the year North in the Family Law awards.

Judges applauded our firm as a ‘Northern powerhouse’. They also singled out our skills in Mediation,  Collaborative Law and Arbitration  which avoid going to court.  

Our York office is headed by partner Nicki Mitchell, a mediator and collaborative family lawyer who specialises in the financial aspects of relationship breakdown.  

More of our lawyers are named as leading individuals in leading law guides year-on-year compared to any other family law specialist in Leeds and Yorkshire.

They include our in-house counsel, Andrew Fox, who is acknowledged for his unparalleled advocacy skills.

Said Andrew: “We are immensely proud of our reputation as an esteemed family law specialist whose dedicated lawyers share our ethos and commitment to excellence.   

“With more exciting growth plans in the pipeline, this latest role, based at our Leeds office, comes at a key period in the firm’s development.” 

For more information, email andrew.fox@jonesmyers.co.uk and elizabeth.bell@jonesmyers.co.uk in the first instance with 500 words outlining what you would bring to the role.

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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