Jones Myers has appointed Sarah Barr-Young, a family lawyer with extensive expertise, to head the firm’s Financial Remedies Department in Harrogate.

Highly experienced in complex, high net worth financial disputes, Sarah’s reputation in business property portfolios, pensions on divorce and resolving disputes out of court through negotiation is widely recognised.

A named Legal 500 ‘Key’ Lawyer and Chambers ‘Notable Practitioner’, Sarah is valued by clients as a knowledgeable, ‘no nonsense’ strategist who is patient and empathetic.

Sarah is delighted to be back in Harrogate where she was born and attended junior school. She said:  “I am a long-standing admirer of Jones Myers’ standing for delivering excellence in client care and legal services of the highest calibre and regard this opportunity as a real honour.

“It is also a privilege to be taking over from Neil Dring, a highly dedicated and compassionate family lawyer. I had the pleasure of previously working with Neil who sadly passed away earlier this year following an illness.”

Richard Peaker, Jones Myers Managing Partner, said: “Sarah’s first-class reputation in divorce and financial remedies is widely renowned and respected and she is a great asset to our award-winning team.

“We wish Sarah continued success in her career as a key member of our committed lawyers who are recognised as leaders in their field.”         

Sarah’s appointment comes in a formative year for Jones Myers, which has also doubled the size of the York city centre team with a series of new appointments.

With headquarters in Leeds, the firm, which has its own in-house counsel, has retained its top tier rankings in the Legal 500 and Chambers UK guides for over three decades.

Jones Myers is also ranked in the top five per cent of UK law practices which deliver family law services by Review Solicitors, an independent legal review site. Outperforming its peers nationwide, clients award the practice a consistent ‘Excellent’ rating. 

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 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

Image by Takmeomeo, Pixabay.

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By guest blogger Ralph Zoing, Director at Harrogate Wealth Management

In my previous article I highlighted how pensions are the most effective way to save for your retirement.

I also explained how women could face a massive £185,000 gender pension gap in retirement, with women in their 20’s retiring with £100,000 less than men – and requiring £85,000 more in their pension pots for retirement. 

There are a number of factors at play here. Firstly, women will tend to have interrupted working patterns and already suffer from an inequality in pay from employment.

This will have a direct impact on the amount that women are able to pay into their private pension provision. Secondly, women have longer life expectancy, and they therefore need their own pension pots to last longer, up to 10% more.

Thirdly, living longer increases the likelihood of having to fund some sort of long-term care provision.

Finally, there is an argument that an indirect gender discrimination exists in the way in which many women are excluded from being automatically enrolled into a pension scheme and in the average level of state pension awarded to men and women.

This is not projected to be fully addressed until around 2041 (but only for people reaching State Pension Age from that year)

Even if pension equality is achieved through pension sharing at the time of divorce, pensions inequality can reappear in subsequent years.  Often it is the husband who can accept a pension debit on divorce and then has the means to make good any losses in pensions through his ability to earn and save in future years. 

Women often find themselves thrust into the role of earner with limited experience, qualifications and retain their responsibility as the primary child carer. Their ability to earn and save significantly towards their new future is often limited and there is often another divergence in the pension provision of former husband and wife.

The Social Market Foundation (SMF) said: “This has continued to increase the need for better advice and guidance for workplace pensions, since it increases the complexity of the pension landscape for many people.” 

Only detailed financial planning that takes into account an individual’s investment preferences, risk profile and tolerance for loss, will lead to successful results.

Building up pension assets that benefit from greater flexibility in retirement will mean more than ever that expert financial advice and guidance will be required – not just during the accumulation phase, but also continuing into retirement, when benefits are taken flexibly.

We have already seen an increase in the number of pensioners opting to go into drawdown versus annuity purchase and we believe that this trend will continue.

It seems obvious to say, it but most financial remedies will involve pension assets and they should be closely examined to ensure that any pension share, offset, or attachment is suitably applied to the relevant assets which will ensure the best outcome for women. 

With over three decades expertise in the financial services industry, Ralph Zoing can advise on all forms of pension and retirement planning. Tel 01423 530277 or Ralph@harrogatewealth.co.uk

For queries on divorce, finances, or any aspect of family law, 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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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

Image ID 7010787 © Djem82 | Dreamstime.com

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It may come as a surprise to many people that an ex could be entitled to a share of granny’s bequest. Here we answer four questions about the circumstances in which an inheritance left to one party could be claimed by the other.

1. Can a partner claim the other partner’s inheritance when they get divorced?

Rather than use the word “claim”, an inheritance forms part of the “pot” of assets to be divided up in a divorce and will be included only if it is deemed “fair” to do so. If the needs of the parties, and any children, cannot be met without using a legacy, then it is likely to be included. Each case is fact specific.

If an inheritance was used some time before separation, for example, towards buying the matrimonial home, or to pay off the mortgage, then it is likely to be included in the pot.

2. Why is it fair that one person’s inheritance has to be shared with their ex?

The law states that the needs of both parties have to be met from the available resources, whatever their origin. Therefore, an inheritance might be included in the joint assets if, for example, there is no other way to fund a home for a mother who will be a carer of any children or if it has been intermingled with jointly built-up assets.

3. Are future inheritances considered where sharing marital assets?

If one person is likely to inherit money in the near future – for example, from a sick, elderly relative or dying family friend – then a future legacy could be included in the pot of funds to be divided. However, whether such an inheritance would be considered depends in particular on how certain is the receipt of the anticipated legacy, and how far into the future it will be received.

In some cases it may be that settling financial issues is adjourned until an inheritance is received.  However, while there is no absolute timescale, the key phrase in law regarding any future resources is “the foreseeable future”.

4. How can inheritances be protected from inclusion in divorce assets?

Drawing up a pre-nuptial or post-nuptial agreement excluding any legacies might carry some weight if a court considers the arrangement to be fair and is assured that both parties agree and have not been bullied into signing.

Anyone who expects to inherit money or assets in the future should encourage the donor to look at trust or estate planning, which can help to protect legacies.

With the average house outside London now worth £272,000, many more people are likely to inherit substantial sums of money. Therefore, whether you are married, separating or cohabitating it makes sound financial sense to take professional advice on how best to protect potential future assets.

If you have any concerns or questions about how to protect an inheritance in your divorce call us on 0113 246 0055, leave us a comment below or drop us an e-mail. You can also follow us on Twitter: @helpwithdivorce.

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