Recent reports highlight that over one fifth of married couples in the UK have taken out a pre-nuptial agreement (Pre-nup) to protect themselves if their marriage breaks down.

The open and transparent nature of Pre-nups are regarded positively by couples who want to avoid the potential distress, acrimony, and expense of disentangling their finances if they split up.

Pre-nups can also work particularly well for couples marrying for the second time where a husband or wife want to retain their own wealth if they separate. They can also protect the interests of children from previous relationships.

Jones Myers Partner Elizabeth Bell, explains more about Pre-nups below:

Sadly, we have seen repeatedly how arguments over money can cause enormous damage for separating couples and their wider families.

Jones Myers family lawyers have extensive expertise in advising on and drafting Pre-nup and Post-nup agreements which promote healthy dialogue as to what an individual’s future capital and income needs might be in the hope that the parties can disentangle themselves financially without the requirement for a court to make decisions for them should they separate.  

We guide you with sensitivity – helping you to discuss and consider often difficult matters before you enter into the marriage. We can also advise should the marriage break down and consider if the terms of a Pre-nup agreement signed by the parties prior to the wedding should be followed.

For queries on Pre-nups, Post-nups and 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 5^th in the UK’s Best 25 family law blogs and websites to follow in 2025.

Wedding image courtesy of Lanty at Unsplash.  

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A big shoutout to our Partner, Liz Bell who has braved thunder, lightning, sheeting rain, strong winds and hailstones to tackle Yorkshire’s iconic Three Peaks challenge for an inspirational cause.

Liz was among a group of inspirational fundraisers who ascended the heady 5,000-feet heights of Pen y Ghent, Whernside, and Ingleborough.

Despite the toughest climate conditions, Liz and her husband Julian completed the 25-mile hike 45 minutes under the allocated 12-hour deadline.

Organised by our charity partner, Henshaws, all monies raised from the walk will boost the quality of life for over 7,000 service users with sight loss and wide-ranging disabilities.

Recalls Liz: “Despite the extreme weather, there was a great team spirit throughout. Lashed by hail stones at the top of Pen y Ghent and having enjoyed a short spell of sunshine, our group then had to wait for thunder and lightning to pass while drenched by torrential rain before ascending Whernside – not to mention raging winds at the top of Ingleborough, the final hurdle.

“There are 250 people who start to lose their sight every day and, although the challenge was hard going, it was enormously satisfying to know we are enabling more people with sight loss and other disabilities to lead a fulfilling life.”

Gemma Young, Henshaws Fundraising Development Manager, said: “This was no mean feat. Well done to Liz and fellow walkers for persevering through the elements for those who most need our support including young people with profound and multiple learning and physical difficulties.”

“We rely heavily on fundraising donations and gifts-in kind and are delighted with Jones Myers’ ongoing commitment to help us achieve our goals.”

You can still donate to Liz’s Three Peaks challenge here

Our valued partnership with Henshaws complements our firm’s long-standing ethos of giving back to our local communities and helping to make a difference.

We have helped to raise £12. 5k at Henshaws Beer Festival, provided key materials for disabled Art Makers to continue achieving their potential – and volunteered at the Arts & Crafts Centre’s gardens.

To find out more about Henshaws, visit https://www.henshaws.org.uk Twitter @Henshaws Facebook/Henshaws

For information on 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 among the UK’s Best 25 family law blogs and websites to follow in 2023.

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Sunday’s will never be the same again for Jones Myers solicitor, Liz Bell, who undertook an ambitious 100 mile cycle challenge in relentless rain and winds to boost funds for Bowel Cancer UK.

Liz and her husband Julian set the wheels in motion for the Prudential Ride London-Surrey 100 event – a gruelling stretch from London to Surrey. Despite the adverse weather conditions, they successfully completed the course within the specified 8.5 hour time.The duo was among 30,000 cyclists from the UK and further afield who set off from Queen Elizabeth Olympic Park. From then the route climbs steeply up the Surrey Hills before descending into London through Wimbledon and finishing on the Mall.

The leg-testing climbs celebrates the legacy for cycling created by the London 2012 Olympic and Paralympic Games.

Says Liz: “Our interest in cycling started in 2015. We’d never undertaken an organised ride on such a scale before with a time limit and, being up for a challenge, we knew it would definitely stretch our legs! Despite the dreadful weather, groups of supporters cheered on cyclists along the route which was encouraging and appreciated.”

To date Liz and Julian have jointly raised over £1,500 for Bowel Cancer UK, the UK’s leading bowel cancer charity following its recent merger with Beating Bowel Cancer. The organisation seeks to improve the quality of life for all those affected and provides expert information and support to patients and their families.

Adds Liz: “Despite being drenched through, we were thankful to finish without incident and would like to thank all our family friends and work colleagues who have supported this very worthy cause to help beat bowel cancer which affects so many people of all ages.”

Bowel Cancer UK campaigns for early diagnosis and access to best treatment and care and supports and funds research to improve early detection and treatment of the disease. It also works tirelessly to spread the word about symptoms, risk factors and bowel cancer screening.

For information on how you can support the charity, visit https://www.bowelcanceruk.org.uk/support-us/

For more information about divorce and finances, family or children law or Contentious Trusts and Estates, 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

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By Liz Bell, solicitor

Following on from our earlier blog, which highlighted how a high percentage of cohabiting couples wrongly believe that they have legal protection when their relationship breaks down, we answer more of your most commonly asked questions.

My partner and I are splitting up and all our joint savings/investments are in their name. Can I access them?

No. Couples in England and Wales who live together, as opposed to marrying or being in a civil partnership, have no automatic access to, or control of, assets or property held in their other half’s name.

I’m unable to work. Can I secure maintenance if my relationship breaks down?

Not without a cohabitation agreement which includes provision for maintenance.

Is this all very unfair? 

Many people think so. While current legislation requires family courts to establish what is ‘fair’ for divorcing couples, when it comes to cohabitees, the courts must determine the couple’s shared intentions.

My partner has a large pension pot, but I don’t. What would happen if we split up before they retire?

An unmarried person cannot claim on their ex’s pension without written agreement.

What will happen regarding their pension if they die before me?

Most pension companies will not pay out to cohabiting partners upon death – particularly occupational schemes. However there are some limited circumstances where the pension arrangement, with the agreement of the partner, can make limited provision.

Furthermore, unlike married couples, cohabitees are not entitled to receive the state pension or bereavement allowance for dead partners. This makes it even more important to scrutinise carefully the terms of every private pension scheme partners contribute to – as well as agreeing the entitlement of each to a share of the other’s in writing.

What financial protection is there for our children?

This is one area where there is equal treatment under the law. The children of unmarried parents have the same rights to financial support as those of married ones. The Child Maintenance Service (CMS) is responsible for assessing and enforcing maintenance. However, where a parent’s income exceeds the CMS’s jurisdiction, the other can apply to the family court to increase payments.

Who gets to look after our children and decide their upbringing/education if we part?

Ideally, childcare can be agreed between former partners, but either party can apply to the family court to settle disputes. Decisions about where the children should reside and the contract rights of each parent are always based on the children’s best interests.

Alternatively, a couple can enter into non-confrontational collaborative law, mediation or arbitration. These are reduced conflict, cost-effective and less stressful routes to resolution that any responsible family lawyer should suggest.

Is statutory protection for cohabitees likely to be brought into line with married couples and common law partnerships?

There is increasing pressure on the government to improve rights for cohabiting couples and Jones Myers is very active in the campaign, however it is difficult to know if, and when, anything will change.

The shifting political landscape and uncertainty makes it particularly important to secure sound legal advice before, during and after the relationship

Our highly skilled family law specialists are adept at dealing with issues arising from cohabitation – whether advising you on your rights before you cohabit – or if your relationship has broken down.

For more information about any aspect of cohabitation or 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

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By Liz Bell, solicitor

Cohabiting couple families remain the fastest growing relationship in the UK, but many mistakenly believe that they have the same legal rights as married couples in critical areas such as savings, income, pensions or business interests.

In fact, cohabiting couples are the second largest family type after married or civil partner couples, but the law does not offer them any protection should their relationship turn sour and separate becomes inevitable.

Become are some of the questions we are asked by cohabitees

My partner and I are thinking of living together – is there anything we can do to protect ourselves should we split up?    

A cohabitation or ‘living together’ agreement, to record who owns what at the outset, provides some security to unmarried partners. It encourages people to think clearly about what they want to happen not only while they live together, but also if their relationship ends, setting out who owns what – and in what proportion.

Cohabitation agreements set out how you will divide property (as well as paying off debts), personal belongings, savings, pensions and other assets should you split up – along with how your children will be supported, plus how to deal with bank accounts, debts and joint purchases such as a car. They can also cover more day-to-day matters including pets.

It is important that each party seeks independent legal advice and discloses all financial information in the lead up to signing the agreement, which should be reviewed regularly.

Can a cohabitation agreement be set up while we’re living together?

Yes. It can be drafted either prior to or during your time together. It can also be amended, as long as both parties agree that the original agreement should be changed and how.

I’ve paid into our mortgage for many years, but the property is in my partner’s name. What happens if we go our separate ways?  

Cohabitation gives no automatic rights to the home you share if the property is solely in your partner’s name, no matter how long you have lived there. However, if you can show that you have contributed to it and there was ‘an intention to share’, you may be able to make a claim. This is a very complex process, though – and legal advice is essential.

Relating to the above, what happens if my partner dies?

If they die either without having made a Will, or having made one, without making reasonable provision for you, as the surviving partner you would have a potential claim as a cohabitee – providing you have lived together for at least 2 years ending with date of death. Under current law, if you cannot satisfy the 2 year requirement, you may be able to make a claim on part of your deceased partner’s estate as a dependent. It is important to bear in mind that a dependent’s claim ranks lower in priority than the cohabitee’s claim.

If your partner dies without making a will, the law says that a property in their sole name – or their share of it – must go to their next of kin. First among these are any spouse, and then any children, followed by the next closest group of living relatives. You will not be a surviving spouse for pension purposes as you were not married. You might be able to make a claim against your deceased partner’s estate if they have not made reasonable provision for you, and subject to other conditions imposed by law. To avoid this potential issue, you and your partner should make wills and/or consider transferring any property into joint names.

For more information about any aspect of cohabitation or 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

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