Over the years China’s relentless manufacturing machine has seen us devouring it’s lengthy list of exports spanning textiles, toys, DVDs, body jewellery, mobile phones and food products.

So could the news that a Chinese married couple who were refused a divorce because they scored too highly on a judge’s relationship exam spark the introduction of similar tests in Britain to determine if those seeking a split really are incompatible?The Sichuan court’s first exam comprised questions ranging from wedding anniversaries, favourite foods, in-laws birthdays and reasons for wanting to divorce.

The court stipulates that both husband and wife must score less than 60 per cent to divorce. As the couple in question scored 80 and 86 points respectively, the judge refused to dissolve their marriage.

Whilst introducing written exams and acting as a relationship counsellor is outside of a court’s remit, many people reading the report will undoubtedly ask if this process might be a constructive way forward in this country?

In my opinion, courts are not the appropriate place to test relationships in this manner. There are many established and respected organisations where family relations can be explored in depth with the help of experts.

Although marriages can be “saved” going down this route, all too often the deterioration has gone too far before anyone realises how desperate the situation is. By then there is no turning back.

Rather than courts intervening, perhaps we should try to explain and educate couples into thinking through the state of their marriage – so that they can work out if their relationship can be saved.

Ultimately, splitting up remains a decision for the couple themselves and it cannot – nor should it – be delegated to the courts or any other organisation.

By all means seek advice from experts – be they mediators, family therapists or specialist family lawyers. However, at the end of the day, we all have to take responsibility for our own lives, unpalatable though that may be.

Before rushing headlong into breaking up, we would urge you to be absolutely sure that this life-changing decision is opening the door to a future which will give you happiness as opposed to one which is full of heartache and regret.

For more information about divorce or any aspect of family law, call Jones Myers at our Leeds office on 0113 246 0055, our Harrogate office on 01423 276104, visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

The post Will divorce exams become the latest Chinese export? appeared first on Jones Myers.

The highly publicised case of Tini Owens – who has asked the Court of Appeal to overturn a family court ruling which said she couldn’t divorce her husband – reinforces the need for the government to introduce no fault divorce.

Despite making 27 allegations about the way her husband Hugh Owens, 78, treated her, 66 year old Mrs Owens, who was ‘desperately unhappy’ in her relationship, was told her claims were “of the kind to be expected in marriage” and was refused a divorce petition.

While three appeal judges, led by Sir James Munby, the most senior family court judge in England and Wales are yet to announce a decision after analysing the case, it nevertheless highlights the inherent problems with our current fault-based divorce system.

The chances are that, if Mr Owens had not contested the divorce, Mrs Owens would have been granted a divorce by a judge.

This is because under current divorce law, unless couples have been living apart for two years, one of them needs to apportion some form of blame – adultery or unreasonable behaviour – which can create conflict and makes reaching a mutually acceptable agreement much more difficult.

The introduction of no fault divorces – a legal separation that is granted by the courts without one person saying anything bad about the other – would make it easier for people to make their separation more harmonious and avoid court disputes.

Jones Myers founder, Peter Jones, has played a leading role in a campaign organised by Resolution – a national family law group which promotes non-confrontational solutions in family law – which saw MPs acknowledge that changes in family law are overdue.

Says Peter, who is a former chair of Resolution and one of the UK’s first qualified arbitrators: “It is correct to say that a percentage of divorces should be rejected but the standard of allegations of unreasonable behaviour has eroded over the years. The general view is that “if they both want it – why should a court stand in their way”.

“There surely has to be a better way via no fault divorce which allows couples to work together to manage their separation without long, drawn out, stressful court disputes.”

The case of Mrs Owens coincided with the news that the government has rejected widespread calls to reform divorce laws and has no immediate plans to change the existing fault based system.

Despite the announcement, Peter Jones is continuing to work with Resolution and lobby MPs to introduce no fault divorce.

Jones Myers highly experienced team of family lawyers can assist with the issues highlighted in the no fault divorce campaign along with all matters related to divorce and separation. You can contact the team on 0113 246 0055 or tweet us on @helpwithdivorce.

The post Why the Tini Owens Appeal Court case adds fuel to ‘no-fault’ divorce campaign appeared first on Jones Myers.

Tom Hanks’ revelation that he was devastated by his parents’ divorce when he was just five – and remains affected by it – is a powerful reminder that the effects of a marriage break-up on children can last a lifetime.

The clearly emotional, double Oscar winning 59-year-old was a guest on Radio 4’s Desert Island Discs when he opened up about the family split. He admitted that he was left confused because his parents did not explain their decision to end their marriage to him and his three siblings, nor did they reassure the children that it was not their fault – which is the most important message to convey.

With Relate’s most recent poll revealing that 52% of separated parents thought their separation had a negative impact on their offspring, ensuring children’s stability and happiness remain a top priority requires effectively managing the divorce process.

Children of all ages are susceptible to the stress of separation – which can be further exacerbated at certain times of the year such as exams, Mother’s Day, Father’s Day and Christmas.

Here are our top tips to help parents avoid the prolonged distress that still affects Tom Hanks as he approaches his 60th birthday:

•  Don’t use children as pawns in your relationship with the other parent. They need to be reassured that they can love both parents and they should never be used as a bargaining tool or a go between.
• Sing from the same song sheet as presenting a united front can help children to adjust. This includes agreeing on key areas such as bed times, amount of television or computer games and space and time for homework. It also entails compromising and setting aside personal grievances to attend parents’ evenings, school plays and sports days together to ensure the child’s interests come first every time.
• Listen to your sons and daughters and allow them space and time to talk about their feelings. If they can’t talk to you or your ex, they might open up to an empathetic family member, friend or a professional.
•  Collaborative lawyers like Jones Myers will encourage you to take a holistic approach to managing the fallout of your separation. That can mean turning to counsellors, therapists and other family workers for extra support to help your children manage their feelings and cope with their parents’ split.

As Resolution-accredited lawyers, Jones Myers family specialists always encourage separated and divorcing parents to put their children at the heart of everything and ensure that their needs come first.

With the increasing uptake of collaborative, creative routes to divorce, non-confrontational solutions are becoming popular. An example is ‘bird’s nest custody’, where children stay in the family home, while parents move in and out to an agreed schedule.

While not always a practical option, its rising use is an encouraging sign that more parents are prepared to plan, compromise, and communicate when it comes to their children’s wellbeing – both during and after family breakdown.

If you have any comments, queries or concerns on divorce related issues, leave a comment below, call the team at Jones Myers on 0113 246 0055 or tweet us on @helpwithdivorce.

The post How divorced parents can avoid causing children long-term distress appeared first on Jones Myers.

The case of a Hampshire woman – who has recently made an emotional appeal on TV for the return of her two children who were abducted by her former partner – has put the issue of international child custody back into the headlines.

It is four years since Badar Mohammed Al-Barwani abducted Aisha, ten, and Faris, seven and put them in the care of his parents in Oman.

Despite being imprisoned for contempt of court after defying a High Court order to return the youngsters, he has refused to do so. The case is further exacerbated by the fact that Oman is not a signatory to the Hague Convention, which helps to facilitate the return of internationally abducted children.

The Foreign and Commonwealth office (FCO) dealt with 553 international child parental abduction and child custody cases in 2014. Reunite, the UK’s International Child Abduction Charity, likewise witnessed a 30% rise in the number of children abducted to non-Hague Convention countries in the same period.

The substantial increase prompted the FCO and Reunite to call on parents considering abducting their child to think through the devastating consequences for all involved. As specialists in this area, we are all too aware that this is a worldwide issue – and that the public’s understanding of parental child abduction is alarmingly low.

It is extremely difficult to return a child from a country that has not signed the Hague Convention – such as Oman, China, Pakistan or Somalia. The challenges a parent faces in such circumstances can be overwhelming and desperately frightening as they struggle to get their child back.

And even when the country is a signatory, the process is extremely traumatic for the parent left behind – invariably placing the child in the middle of an ugly dispute where the stakes are high – and where secretive actions often involve a myriad of deceptions.

It is also important to remember that whilst such situations are extremely traumatic for any parent, all cases are abusive for the child or children involved as they are subjected to significant emotional harm.

I have considerable experience in international child abduction cases and am a member of the International Child Abduction and Custody Unit. While most clients I speak to believe that the government can intervene to order and help with the return of a child to England and Wales, the reality is that although support is available, parental child abduction cases can take years to resolve.

So, if you are concerned that your child may be at risk, here are some preventative steps to consider:

• Apply to the Court for a Prohibited Steps Order (PSO); this prevents either parent from taking their children to any specific events or any trips without the express permission of the other parent.
• Ensure that contact is supervised and, in extreme cases, you may wish to stop contact altogether.
• Keep passports safe and consider depositing them with a solicitor.
• Contact the Passport Agency and ask them to block the other parent from applying for a new passport.
• Notify the school about who is allowed to collect your child from school.

Take the steps below if you receive a threat of child abduction or if your child has been abducted:

• Contact the police immediately, who can issue a port alert to airports and ferry terminals. Recent photos of your child and the other parent, together with details of the airport or destination you think they may be heading, will help the police to focus their search
• Contact Reunite, which operates a 24 hour emergency helpline.
• Seek legal advice immediately.

If you have any comments, queries or concerns on child abduction or wider divorce related matters, leave a comment below, call the Jones Myers team on 0113 246 0055 or tweet us on @helpwithdivorce.

The post How to reduce the risk of your children being abducted appeared first on Jones Myers.

As an advocate of collaborative approaches to separation and divorce I was encouraged to see Resolution’s campaigning debated in the House of Lords.

As a long standing member of Resolution, the organisation representing lawyers who believe in non-confrontational, constructive solutions to all family matters, I feel optimistic that perhaps ministers are listening to our messages in a year that has seen unprecedented changes in our family courts.

Divorce and separation continues to be a painful, protracted process, particularly for children – as highlighted by the latest research findings from Resolution.

Launched to coincide with Family Dispute Resolution Week, the research on the impact of divorce on young people shows that the fallout of divorce can be wide reaching and damaging for many years. Every year around 100,000 children under 16 see their married parents break up – a statistic which does not include youngsters whose parents live together.

In the survey of 14 – 22 year olds whose parents have separated, many said that their GCSE and A-Level results suffered and that they were forced to choose sides in their parents’ break-up. One in five young people “didn’t get the exam results” they were hoping for with the majority (65%) saying it was their GCSE exam results that suffered. And one in 10 said that they found themselves in more trouble at school.

As well as affecting exam results, young people surveyed said that their parents’ separation impacted on their health – with one in six saying they took up drinking alcohol.

These findings emphasise the importance of parents using more constructive methods to separate in order to lessen the most stressful elements of a break-up, ensuring the best outcomes for both them and their children.

Resolution chair Jo Edwards, commented: “I’m not for a second suggesting that people should not break-up ‘for the sake of the kids’. Children’s wellbeing often improves markedly after a break-up when they’re not witnessing day-in day-out the trauma of their parents’ relationship breaking down slowly. It’s not anyone’s job to judge the merits of any given relationship. But the process of the break-up can and should often be managed much better.

“If this survey tells us anything it’s that separating couples have a duty to their children to reduce the stress of separation. That’s precisely why over recent years, different types of dispute resolution have developed which are designed specifically to reduce conflict and encourage collaboration.

“We need to start busting the Hollywood myth that the only way to settle a break-up is to have your day in court. For some couples it is the best option but for many it is not. For children a parental break-up is never easy but parents owe it to their children to find the method of separation that will work best for the whole family.”

If government is truly committed to putting children at the heart of changes to family courts, I hope that those at highest level continue to listen to and consult with Resolution and its 6,500 members who are committed to considering the needs of the whole family.

To find out more about collaborative family lawyers, or do you have any questions about separation or divorce, please e-mail us. You can follow us on Twitter @helpwithdivorce

The post How collaborative lawyers can help put children first appeared first on Jones Myers.

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.

The post Why pledge to advise couples without legal support creates confusion appeared first on Jones Myers.

The lack of Legal Aid for most family law matters means that couples now have to fund their own divorces. This has left unprecedented numbers of people representing themselves in family courts, even in complex cases.

We have written previously about our concerns that public funding cuts are leading to a two tier family law system.  Sound, professional support to guide couples through their separation and help them to resolve financial and children’s matters, should not be the preserve of the very rich and should be accessible and affordable for those who need it.

Divorce is a ‘distress purchase’ – that is an expense you haven’t budgeted for. So how do you fund a solicitor and the expenses associated with the process?  Here are five options which we recommend you discuss with your lawyer at a first meeting as some of these may not be appropriate or available:

1. Use savings or investments

If you have savings they may not be earning much interest so you could use them to pay for legal advice. You could also cash in ISAs or other investments; however do take independent financial advice regarding any such action and any potential tax consequences. If savings or investments are in joint names you may be able to reach agreement that certain funds be set aside to cover each party’s legal costs.

2. Find a firm that specialises in litigation funding

There are litigation funding firms throughout the UK who offer credit schemes to fund the cost of a lawyer and all costs associated with the divorce. If you don’t have savings, are unable to borrow the money from another source, or have a low credit score, then this could be an option – although rates of interest are likely to be on the high side. You can find out details from us or from an independent financial adviser (IFA). Resolution, the association that represents 6,500 collaborative family lawyers nationally, including Jones Myers, has recently launched an online option with one such company.

3. Use a Sears Tooth Agreement

Under a Sears Tooth Agreement you sign a deed to assign your financial settlement to your solicitor, who takes out their costs – including any court fees, third party costs and related expenses – before you receive your capital. This is not a popular option with law firms because of the potential risks involved because if you don’t receive the expected settlement they could be out of pocket.

4. Draw on loans and credit cards

A bank loan with a competitive interest rate can be an effective way to fund legal costs. However, a bank will check your credit rating and will want assurance that you can meet the monthly payments.  Funding your divorce on your credit card will incur high interest rates if you make minimum monthly payments – although this could be a solution in the short term or as a last resort. Some credit card companies offer 0% interest for six or nine months which is worth considering if a financial settlement is likely to be agreed in the same timescale as the interest free period.

5. Ask your family 

Although you may see turning to your nearest and dearest as a last resort because you are concerned about burdening them, a family member may be willing to help out with a loan until you receive your financial settlement. Be realistic and upfront about what you want – if you need £2,000 than say so at the outset, and spell out in writing that it is a loan and how – and when – you will pay them back.

You can keep costs down if you and your ex are both prepared to take a non-confrontational approach to your break-up.  Using collaborative lawyers will avoid court battles and the lawyers will steer you through your separation and divorce, helping you to reach agreements that suit you both.

If you have any concerns or questions about how to fund 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.

The post Five ways to fund your divorce appeared first on Jones Myers.

A taskforce led by Sir David Norgrove has concluded that mediation figures are down by a third, not because of a lack of funding, but because separating couples and even solicitors are unaware that legal aid is still available to fund mediation assessment and mediation sessions.

The withdrawal of legal aid for divorce and custody disputes has been successfully communicated both within the legal profession and amongst the wider public, but this has it seems, unintentionally resulted in the wrongly held belief that it also included the withdrawal of all funding for mediation services.

As such, the taskforce has concluded that the main barrier to couples accessing Mediation Information and Assessment Meetings (MIAMs) is one of poor communication.

Prior to the changes to the The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) mediation sessions, although voluntary, were commonly utilised because it was often a pre-requisite for those seeking to access legal aid. However, problems have been rife since the changes were unleashed and readers of our blog will be aware of our disapproval of legal aid cuts to family law.

Providing better channels to communicate the availability of the mediation services will undoubtedly be of some benefit, but the key point missing in the taskforce’s recommendations is the fact that couples do not tend to refer themselves to mediation in the first instance. They are referred by someone within the system, commonly family solicitors and lawyers, who understand the benefits of utilising the service and can communicate that information and advice to their clients.

Cutting the legal aid funding, predictably resulted in a reduced level of referrals, and the comment from Simon Hughes on the day that the Children and Families Act provisions came in to force, saying: ‘I want lawyers out of the process as much as possible’ is, in my opinion, not the correct way to begin building the referral numbers back up.

To increase the take up of MIAMs, the report is recommending that funding be provided so that all separating couples over a 12 month period (not just those who have a legal aid contract) can gain access to an initial mediation assessment. It also recommends that an interactive website and helpline be set up by the Ministry of Justice (MoJ).

But while I feel that any additional financial contribution from the government is to be welcomed, I think the taskforce’s proposals will only add to the current confusion around the best options for divorce. The withdrawal of legal aid is one reason why mediation figures are down, the other is that many couples going through a divorce do not understand how mediation works – and are also unclear about how to access it.

Going forward, we need to see better signposting of the services that are available, and an increased visibility of trained mediators who are ‘authorised’ to undertake these MIAMS meetings, combined with a cohesive structure that enables those working in family law to remain best placed to advise their clients as to the most appropriate course of action open to them.

The funding is already available for more mediators, but they require referrals in order to keep their services viable. Working with law practitioners will mean that separating couples can meet and be guided through the initial process of seeking a mediated solution, at less cost both in terms of emotion and expense. This won’t be possible if there is a history of Domestic Violence, but even where there has been disharmony, it is often possible to resolve at least some of the issues in mediation.

What other measures could be introduced to improve the take up of mediation? Should legal aid be made available permanently for MIAMs? Please share your views by leaving a comment below, drop us an e-mail or tweet us @helpwithdivorce

The post Why mediation taskforce proposals will cause further confusion appeared first on Jones Myers.

Together with seven other divorce and family law specialists in Leeds we have launched Lawyer-Supported Mediation in the city.  The national ground breaking initiative comes at a time when more and more people are representing themselves at court following the withdrawal last year of Legal Aid for most family law cases.

The service offers a fixed fee package which includes mediation and independent legal advice for couples seeking to sort out issues concerning finance, children, divorce or any combination of these.

Fiona Kendall, partner at Jones Myers, who are leading the Leeds hub said: “This is a real chance to lead the way in bringing down the cost of family law services. Working as a likeminded group of lawyers and mediators, we can put an end to the widely-held view that lawyers are beyond the means of average income separating couples.”

Jones Myers will act as part of a carefully selected panel of family law experts from across the region to provide couples with a new method of resolving their differences in a cost effective manner.

Other firms involved are Chadwick Lawrence, Simpson Millar, Clarion, Lake Legal, Blacks Solicitors, Ison Harrison and Winston Solicitors.

A recent report by Napo, the union representing family court staff, claimed that the family courts were now 10 times more likely to see both parents in a custody dispute without legal representation as opposed to them being represented by a solicitor.

Publicly funded family mediation in the Leeds area has likewise struggled to divert separating couples from the courts. Data from the Ministry of Justice shows that between May and November 2013, the total number of mediations getting underway fell by just over 40% (41%), compared to the same period in 2012.

Trained mediator and founder of LawyerSupportedMediation.com, Marc Lopatin explains: “We dramatically reduce the cost of accessing legal experts by fusing their advice with family mediation, where separating couples can resolve their differences. We know from government data that two-thirds of people who begin mediation go on to reach agreement, so we need to find new ways of encouraging more people to try.

Beyond Leeds, the service is being piloted in Newcastle, Manchester and London.

Lawyer-Supported Mediation launches in six UK locations in April & May.

For a free estimate – including a fixed legal fee – call 033 0223 1188 or visit www.lawyersupportedmediation.com

The post Jones Myers leads pioneering mediation service for separating couples appeared first on Jones Myers.

I have never been a believer in ‘D Day’ – a media invention, in my view – and what adds to the confusion this year is that no one seems to agree on the date. The Daily Mail says it’s today – ‘Divorce Friday’ – the first day legal firms are open after the seasonal break (actually, some of us have been working before today!). Parenting website Netmums , who has just launched a report on the true impact of divorce on children, says that it is Monday, January 6 – the day when schools reopen.  Others claim it was yesterday, January 2 – the first working day of 2014.

In my personal experience as a family lawyer in Yorkshire for the last 25 years, couples do not hang on until after Christmas to then flee the nest as the last strains of Auld Lang Syne are ringing in their ears.  To suggest there is a queue of clients on the telephone or standing outside lawyers’ offices is, I think, a complete nonsense.

Yes, the festive season can put extra strains on already fragile relationships; however most couples who reach the decision to separate do not take it lightly and may have been contemplating it for some time.  If children are involved, many parents will want to orchestrate the final separation in January when the security and routine of school returns. Couples without children will often separate before Christmas.

The decision to divorce is too personal, significant and a defining moment in most peoples’ lives to simply be a ‘calendar’ event.

For more information on how we can help, please call us on 0113 246 0055, leave us a comment below or drop us an e-mail.

The post Why D Day for divorce is just plain daft appeared first on Jones Myers.