By Jones Myers Partner, Nicki Mitchell – a Family Law Mediator and Collaborative Family Lawyer

As a niche family law firm which champions a non-confrontational approach to divorce, we always strive to offer our clients alternative options to a court divorce, which can be lengthy, costly, and stressful.

In these blogs we have previously looked at alternatives such as mediation and collaborative family practice  which always put children’s best interests first.

Clients undergoing divorce are at a crossroads of their lives. While we do everything we can to help them to choose the right path for their circumstances, sometimes going to court is the only viable option.    

In what circumstances do couples choose a court divorce?

This largely depends on the advice they receive. Whilst most lawyers will explain all the Non Court Dispute Resolution (NCDR) options to clients, some, who may perhaps have less or no experience in this area, are more inclined to recommend court applications. 

The court process has its place. A Judge can compel the production of financial information, ultimately by sending someone guilty of non-disclosure to prison. The court can also order third parties, such as accountants and other advisers who hold information relevant to the case, to provide information. In extreme cases –  in particular where there is a lack of engagement in the process – a court can make orders without engaging with one of the couple.

What does a court process entail?

Before an application can be made to the court for a Financial Order, an application must have been made for a divorce or dissolution of a Civil Partnership. The various steps required can be found here https://www.gov.uk/get-a-divorce

Before applying for a Financial Order or a Children Order, the person proposing to make the application must either attend a Mediation Information and Assessment Meeting (MIAM) to assess if mediation is an option for them or satisfy the court that they qualify for one of the, increasingly few, exemptions from this requirement.  

A financial application will involve the exchange of full financial disclosure followed by a series of up to three main court hearings.  

What are the pros and cons of a court process?

The court’s role is to encourage  couples to make agreed decisions about their finances and children. In default of agreement, the court can impose binding decisions on them.

Court orders, whether made by agreement or imposed by a Judge, are legally binding and enforceable.

There is no guaranteed privacy in a court divorce – journalists can get permission to report in family law courts on cases involving finances and/or children’s wellbeing and future.   

Couples are appointed a judge, who is unknown to them, and who potentially makes vital decisions on key issues about their future. Continuity is not assured, with different judges often involved in the proceedings.  

Court hearings can be costly, stressful and time consuming. They can heighten conflict between the couple and run the risk of a case being adjourned or unfinished due to pressure on court time or a judge becoming unavailable.

The duration of a court divorce can vary significantly from a few months to years if the  issues are  contested.

Knowing where to start on this path can seem overwhelming. Whichever route you take, it is vital to secure the best possible legal advice from highly experienced family law professionals like Jones Myers who are members of family law group Resolution and have a strong track record in their respective fields.  

For queries on divorce and family law, call 0113 246 0055 (Leeds) 01423 276104 (Harrogate), 202550 (York). Visit www.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet @helpwithdivorce

Jones Myers blog is ranked 5th among the UK’s Best 20 family law blogs and websites to follow in 2026

Image courtesy of Antonio Peregrino, Unsplash

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Legal 500 has further consolidated the reputation of niche family law firm Jones Myers by naming the practice among the country’s best-performing practices for delivering Client Satisfaction.  

The accolade is based on the firm’s Net Promoter Score – a key metric which measures client loyalty and satisfaction – and determines if clients would recommend the practice on a scale of zero to ten. The honour is also based on Jones Myers’ sector knowledge and its billing and efficiency processes.

Jones Myers Partner Nicki Mitchell, said: “Delivering excellence and client satisfaction in family law is the bedrock upon which our practice was founded over thirty years ago and it is wonderful that Legal 500 has named us among the country’s best-performing practices.

“Legal 500 also recognises our sector knowledge which is second to none and attributable to how we attract the best lawyers in our field. We sincerely thank our talented teams who work tirelessly to secure the best bespoke solutions for our valued clients.”  

Consistently ranked in Band 1 by Legal 500’s annual guides based on client testimonials, the 2026 edition describes the team as “Fantastic ….very personable. They give practical and realistic advice, always managing clients’ expectations. They work collaboratively with counsel to find the best solution for the clients”   

Legal 500’s acknowledgement also reinforces the firm’s strong standing on Review Solicitors, an independent legal review site which ranks Jones Myers in the top five per cent of UK law practices delivering family law services. 

Awarded a consistent 5 star ‘Excellent’ rating by clients, the firm consistently outperforms its peers nationwide.  

Delivering every aspect of family law, Jones Myers specialists’ include an in-house barrister, a  mediator, and a specialist in collaborative family practice.  

As well as being an acclaimed leader in financial remedy proceedings, shareholder issues, property portfolios, complex pension schemes and offshore trusts, the firm’s Children’s Department is at the forefront of complex multi-cultural matters and international child abduction.

Described as a ‘Northern Powerhouse’ by judges, Jones Myers clinched first place in the Lexis Nexis Family Law Awards for two consecutive years. In 2024 the firm won the nationwide  Outstanding Client Care category in The Modern Law Private Client Awards and was Highly Commended in the same category in the 2025 awards.

Founded in 1992 as among the first specialist firms of its kind, the practice has headquarters in Leeds and offices in York and Harrogate.

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 5^th in the UK’s Best 25 family law blogs and websites to follow in 2026.

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By Jones Myers Partner, Nicki Nitchell, a Family Law Mediator and Collaborative Family Lawyer

As an experienced Family Law Mediator and Collaborative Family Lawyer with extensive expertise in litigation, I understand the challenges facing separating couples in finding the right way to divorce for their individual circumstances.

The trepidation of a prolonged, costly, and stressful court divorce is prompting an increasing number of  couples to seek out routes such as mediation and collaborative family law which avoid going to court.

Another option is arbitration where separating couples hire a ‘private judge’ to accelerate the outcome of their financial settlements.

These processes were previously known as Alternative Dispute Resolution – because they provide alternatives to litigating in court. The language has now changed to refer to Dispute Resolution, the hope being that they will become the first choice and court the last resort.  I am not convinced that this is where we are now but what is clear is that these options are often better choices than court as they promote a spirit of collaboration for spouses and parents to achieve the best  future for their family, with the children’s best interests in mind.  

Over the coming weeks I will explain more about these  options and their advantages and disadvantages to help you to decide which is best for your unique situation. Our first article focuses on mediation.    

What is mediation? 

Mediation is a means of resolving family disputes constructively. It enables you to keep  control over  decisions which will  affect the future of you and your family.  In the court process you potentially hand those decisions over to a judge, who does not know you or your family and knows nothing about what is important to you. Mediation is appropriate for most situations including the most financially complex.

Who is involved in mediation?

The private and confidential process takes place in a safe, impartial environment and involves a mediator like me, an independent third party who helps you and your ex to reach an agreement over key areas.  At the outset both of you sign an Agreement to Mediate so negotiations can continue on a ‘without prejudice’ basis.

The number of discussions/sessions varies for each couple depending upon the complexity of the split. As a facilitator, the mediator assists, guides, and helps you to move dialogue forward.  

Many mediators, myself included, are lawyers and can provide extremely useful information about the law to inform your decisions.

Whether or not they are legally qualified, mediators will recommend that you each  retain  your own solicitor who can provide specific legal advice where required during the process.

What does success in mediation look like?

A successful outcome in mediation can mean many things.  Many couples choose the mediation process to get to an agreement which is formalised in a binding Court Order.

Often called a Final Order, this is a legal document which officially terminates your marriage without you having to go to court.  However, mediation has many other advantages, including developing a new way of communicating as separated parents.

Is mediation compulsory?

No. Mediation is a voluntary process. You may have read about a Mediation Information and Assessment Meeting (MIAM) meeting, usually relating to cases involving finances or children, which all divorcing couples are expected to attend before court proceedings are issued.

These meetings are designed to inform  you both about alternative resolution schemes and to establish if the circumstances are suitable for mediation.

What are the advantages and disadvantages?

Mediation can result in a swifter resolution, reducing legal expenses which mount up in prolonged court cases between warring couples. Highly confidential, it is a more impartial and considered approach and can lessen the emotional impact of separation and divorce on children.

What happens if mediation fails?

Due to its voluntary nature, talks can be concluded at any time if headway is not made. However, there are many ways in which the process can be adapted to get over sticky issues and avoid failure. 

There is an increasing trend towards lawyers being present in mediation sessions to provide technical advice and support during the process, in particular where there are difficult dynamics and/or complex legal issues. 

Alternatively, disputed legal points can be determined by bringing in a neutral lawyer to give a view or even an arbitrator to give a binding decision on a particular issue. All of this can be done in the context of mediation.

Jones Myers specialist family lawyers are at the forefront of non-confrontational routes to divorce such as mediation and collaborative family practice.

For queries on mediation, divorce or family law, call 0113 246 0055 (Leeds) 01423 276104 (Harrogate), (York) 01904 202550, Visit www.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet @helpwithdivorce

Jones Myers blog is ranked 5^th among the UK’s Best 25 family law blogs and websites to follow in 2025.

Image by Hutomo Abrianto on Unsplash. This article first appeared in The Divorce Magazine 

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Jones Myers niche family law firm continues to be an acknowledged leader in its field following another Band 1 ranking in Chambers 2026 legal guide. 

Based on client interviews and recommendations, the top listing for the whole of Yorkshire reflects the extensive expertise of the practice whose enviable reputation in financial remedy proceedings  and cases spans shareholder issues, property portfolios, and complex pension schemes.

The Children’s Department, which covers every aspect of public and private children law, is renowned regionally, nationally, and internationally. Specialists’ ability to handle complicated matters, which include abuse, abduction, and exploitation, is widely respected.

Managing Partner, Richard Peaker, who heads the Financial Remedies Department, retains his Band 1 ranking. Also ranked is Partner Kate Banerjee, head of the Children’s Team and Partner Elizabeth Bell,whose experience spans wide-ranging financial disputes.  

Partner Nicki Mitchell, a family mediator and collaborative lawyer, who heads the firm’s York office, keeps her ranking in both the Family and Matrimonial and Mediation categories.

Said Managing Partner, Richard Peaker: “We are proud to attract the best family law specialists in our sector and Chambers’ year-on-year top band rankings reflect our lawyers’ unique breadth and depth of expertise.

“We give our heartfelt thanks to our dedicated teams for upholding our reputation for continuously delivering excellence in client care.”

The accolade comes just two weeks after Jones Myers retained its position as an outstanding family law firm in the 2026 Legal 500 rankings which praises the ‘fantastic team’ for delivering ‘an extremely supportive experience’.

Highlighting the practice’s extensive expertise, Legal 500 highlights how family law specialists … ‘give practical and realistic advice, always managing clients’ expectations.’

With headquarters in Leeds and offices in Harrogate and York, Jones Myers has retained its ‘best in class’ standing in legal guides for almost three decades.

For queries on divorce or family law, call 0113 246 0055 (Leeds) 01423 276104 (Harrogate), 202550 (York). Visit www.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet 01904 @helpwithdivorce

Jones Myers blog is ranked 5^th among the UK’s Best 25 family law blogs and websites to follow in 2025.

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Highlighting the practice’s extensive expertise, the esteemed guide praises the ‘fantastic team’ which… ‘give practical and realistic advice, always managing clients’ expectations.’

Reinforcing Jones Myers reputation regionally, nationally and internationally, the firm’s child abduction team is described as ‘a leader for all of Yorkshire.’

Powerful endorsements from clients include the following: “Both highly professional and genuinely empathetic, they provide clear advice along with patience and understanding. Throughout my case the team worked together creatively and with dedication to resolve the situation.”

The following family lawyers are singled out:   

Richard Peaker – Legal 500 Leading Partner

Managing Partner, Richard Peaker, head of the Financial Remedies Department is widely acknowledged as a leading light in Financial Remedies work. An expert in complex financial disputes, Richard is regularly instructed in multi-jurisdictional proceedings and cases involving complex corporate and (often offshore) trust structures.

Kate Banerjee – Legal 500 Leading Partner

Head of the Children’s Department, the guide says Kate’s dedication to her clients, depth of knowledge and sensitivity in highly emotive cases is of the highest calibre. “Kate Banerjee brings extraordinary compassion and faith to her work and this, alongside her expertise and tenacity, has given me strength and courage when I’ve needed it the most.”

Partner Anthony Parrish –  Legal 500 Next Generation Partner

Legal 500 says: “Anthony is an excellent child abduction lawyer who regularly represents clients in 1980 Hague proceedings. His knowledge of the law in this area is second to none.”

Partner Elizabeth Bell and In House Barrister Andrew Fox  are Legal 500 Key Lawyers.

Elizabeth’s track record includes complicated, high value cases involving company structures and trusts.  She also represents clients whose assets may be overseas and where there may be jurisdiction issues. With over three decades experience, Andrew deals with all aspects of family life in courts ranging from the magistrates to the appellate courts in England and the Channel Islands.

Also featured  is Partner and Practice Head Nicki Mitchell a highly experienced Mediator and collaborative Family Lawyer. Legal 500 says: “Despite being very collaborative and resolution focused, Nicki Mitchell is an experienced litigator and will run a case with a high level of expertise, good sense, pragmatism and attention to detail. Her advice is always sound, and clients always feel well cared for.”

Said Managing Partner, Richard Peaker: “Jones Myers is immensely proud to have achieved a top Legal 500 position for over three decades, reflecting how we consistently deliver excellence in family law.

Our latest ranking demonstrates the depth and breadth of expertise of our outstanding family lawyers across Leeds, Harrogate and York. Enormous thanks to our committed and talented teams who work tirelessly for our valued clients.”  

For queries on divorce or family law, call us 0113 246 0055 (Leeds) 01423 276104 (Harrogate), 01904 202550 (York). Visit www.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet @helpwithdivorce

Jones Myers blog is ranked 5^th among the UK’s Best 25 family law blogs and websites to follow in 2025.

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By Jones Myers Partner Nicki Mitchell – Mediator and Collaborative Family Lawyer

We have previously shared insights on staying on the right financial track during divorce, particularly if you have not had to deal with managing practicalities such as tax, standing orders, direct debits during your marriage.    

Our tips included vital areas such as Financial Disclosure, how concealing assets can incur stiff penalties – and why pensions are vital to include in financial settlements.

In this article we look at key areas when planning your finances post-divorce.      

Obtain a formal Financial Order

Once a financial settlement is agreed, it is almost always best for the terms agreed to be made final and binding in a Court Order. This legally binding document details the main assets owned by divorcing couples and sets out the financial arrangements agreed between them. The terms of an order are binding and can be enforced through the courts if there are any problems putting those terms into effect.

It is important to understand that the divorce process itself does not dismiss financial claims which can be pursued many years after the divorce has been finalised, provided the person bringing the application has not remarried. It is vital to have this conversation when separating.  

Avoid exceeding your budget 

I am not a financial adviser, but these are some pointers which might be useful to think about:

1. Create a ‘to do’ list of all things financial (bills etc) and one for enjoyable things like breaks
2. Consider having two bank accounts – one for day-to-day expenses and associated expenses, direct debits, standing orders and credit card payment. The second for savings for exceptional expenses – non-essential clothing, holidays, house repairs.
3. Set out the absolute and exact payments needed every month for your house and family 
4. Know when your maintenance payments arrive and budget accordingly. Ensure standing orders don’t go out before monthly payments are due in
5. Apply to your Council for council tax discount which applies if you are on your own or have younger children  
6. Expand your support network if you’re on your own or have children
7. Take professional advice on preparing/budgeting for your retirement
8. 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.
9. Stay healthy in body and mind

Spousal Maintenance and Child Maintenance

Spousal maintenance will usually be paid for a period of time to enable you to adjust to financial independence or when your financial needs are reduced, for example if you are unable to work through illness.

Spousal maintenance will stop if you remarry or enter into a civil partnership or if either of you dies. It could also be affected if you meet a new partner and move in together

Plan for when child maintenance terminates. Child maintenance is payable for children under sixteen and youngsters under twenty who are still in full time education.

Consider Financial Planning

Obtaining financial advice during settlement negotiations can be helpful. Many financial advisers use cashflow modelling, which examines how different settlement options might pan out in the future. In processes such as collaborative practice or mediation, it is quite common to bring a financial adviser into the process as a neutral to help the discussions. Further financial advice can then be taken on an individual basis when settlement terms are clear.

Jones Myers works with tried and tested financial advisers who we can recommend to our valued clients. Financial advice pre-divorce and post-divorce can help you to stay on the right financial track as you embark on the next phase of their lives.

This article was originally commissioned for, and published in, The Divorce Magazine.

For queries on pensions in divorce or any aspect of family law, call 0113 246 0055 (Leeds) 01423 276104 (Harrogate), 01904 202550 (York). Visit www.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet @helpwithdivorce

Jones Myers blog is ranked among the UK’s Best 25 family law blogs and websites to follow in 2025

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By Jones Myers Partner Nicki Mitchell – Mediator, Child Inclusive Mediator and Collaborative Family Lawyer

The fear of starting all over again and all the financial worry that can bring with it can understandably have a profound effect on many people going through divorce or separation.

This anxiety can be particularly acute for those who have not had to deal with financial practicalities such as tax, standing orders and direct debits during their relationship.  

Below are some insights to help you stay on the right financial track.

Be Open and Honest

Not sharing financial information during a relationship can contribute to problems during divorce proceedings. 

One spouse may have no idea where the budget line is – or even where it should be drawn – and may have unrealistic expectations of what they are entitled to, or what is a realistic and affordable. 

One spouse may have hidden savings or income from the other or scrutinised the other’s spending without being transparent about their own. On divorce, there is nowhere to hide. It is fundamental that both spouses fully and frankly disclose everything they have to each other as a starting point for an informed negotiation.

The Importance of Financial Disclosure   

In every divorce, separating couples must provide to the other full details of their assets, income, pension and liabilities. This is known as financial disclosure.

Financial disclosure ensures that both spouses can make fully informed decisions about what they consider to be a fair settlement. A failure to disclose anything material to the settlement can in some cases lead to an agreement being set aside. Lawyers and judges know every trick in the book and will ask questions if they suspect that money has been concealed. They may even employ forensic accountants to track down missing assets.

Don’t be tempted to hide money in offshore banks. These still have to be disclosed.  If you do not provide everything that is necessary to understand the financial position, family courts have the power to question your accountant, your financial advisor and even your bank manager.

Setting up a new business shortly before separation may well be seen as suspicious or even a deliberate attempt to hide assets. Taking steps designed to put money beyond the reach of your spouse could lead to injunctions being made against you, freezing assets, or ordering the return of monies from third parties.  In the long run, actions such as these are highly unlikely to succeed and will almost certainly damage your credibility in the eyes of the court.

The Penalties of Concealing Assets

If it later comes to light that you have withheld material financial information during the financial disclosure process, your spouse might be able to ask the court to set aside the Financial Consent Order and relook at what would be a fair order – taking into account all the assets, including those not previously disclosed.

The court can also make an order that you pay your ex’s legal costs. In the worst-case scenario, deliberately withholding financial information in breach of a court order can amount to a contempt of court for which a range of penalties (including ultimately imprisonment) could be imposed.  

Include Pensions in Financial Settlements

Frequently overlooked in financial settlements, pensions are frequently one of the most valuable assets of a marriage. They often make up the second highest- value asset in a divorce settlement after the family home – or sometimes the highest.

It is key that information about pensions is made available in the financial disclosure process which must include details of all pensions, including state pensions – and the value of each one.

Pension sharing, the most common way in which a disparity in pensions is addressed in a divorce settlement, splits the pensions immediately and provides a clean break

As an alternative, in some cases ex-spouses prefer to take a greater share of the equity in the family home or other capital, as a trade-off for a share of the other’s pension.

Some divorces may involve several pension arrangements so it is important to consider which arrangements should be shared, and to what extent.  Pensions are complex and, save in very straightforward cases with pensions of limited value, it is important to get specialist advice about them before agreeing a settlement. 

The pension share may be internal (when the recipient becomes a member of the scheme) or external when the share must be invested in an existing or new arrangement of the receiving party. Care should be taken to obtain details of the cost of any transfer.

In deciding what is best for them, the couple need to consider how their respective financial needs will be met and what other assets are available for distribution.

As part of our holistic approach, Jones Myers advises and guides our clients through the stages of divorce during and after their divorce.

Part 2 of this article will include how financial planning can prove useful, the importance of a formal Financial Order – and how to plan for your finances post-divorce.    

This article was originally commissioned for, and published in, The Divorce Magazine.

Image courtesy of Unseen Studio on Unsplash

For queries on pensions in divorce or any aspect of family law, call 0113 246 0055 (Leeds) 01423 276104 (Harrogate), 01904 202550 (York). Visit www.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet @helpwithdivorce

Jones Myers blog is ranked among the UK’s Best 25 family law blogs and websites to follow in 2025

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Jones Myers niche family law firm is marking a formative year which includes doubling the size of its team in York city centre.

A raft of new appointments, which further enhance the expertise of the practice’s specialist family lawyers, include solicitors Brittany Codling and Katie Jennings.

Brittany and Katie are members of Jones Myers’ Divorce and Financial Remedies Department which is praised by Legal 500 as a “leading matrimonial finance firm” for its “first-rate client care” and “strength in depth.”

Legal assistants Linda Lacey and Sarah Martin also join the team headed by Jones Myers Partner, Nicki Mitchell – York’s first qualified collaborative family lawyer who is also a family law mediator and child inclusive mediator.

Said Nicki: “We warmly welcome our new team members and wish them all every success. They join us during an outstanding 12 months as Jones Myers further consolidates its reputation as a leading family law firm in the York legal market.”

With headquarters in Leeds and additional offices in Harrogate, Jones Myers has retained its top tier rankings in the Legal 500 and Chambers UK guides for three decades.

Said Brittany: “Jones Myers’ standing as a respected Tier 1 family law firm is known far and wide. I am delighted to be working alongside the best family lawyers in their field on complex, high net worth cases.”

Added Sarah: “Having previously worked with some team members, I was attracted by Jones Myers’ commitment to excellence and clear focus on what clients need when faced with relationship breakdown. I’m really enjoying my new role.”

Jones Myers is 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, the firm’s clients award the practice a consistent ‘Excellent’ rating.

The firm also holds the title for Outstanding Client Care in the nationwide Modern Law Private Client Awards which champion and celebrate firms working in the private client industry.

Jones Myers’ York office is located at The Quadrant, Bootham Row.

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 – Mediator, Child Inclusive Mediator and Collaborative Family Lawyer

As I receive an increase in the volume of divorce enquiries after the challenges of the festive season, I cannot emphasise enough the critical role that pensions play in financial settlements.

Their importance has been further re-inforced by financial analysts’ New Year calculations that spouses could lose up to £665K by overlooking pensions and failing to take them into account in divorce settlements.

Pensions are frequently one of the most valuable assets of a marriage, often making up the second highest – or sometimes the highest – value asset in a divorce settlement after the family home.

It is key that information about pensions is made available in the financial disclosure process, which must take place before any binding financial settlement can be made.

Disclosure must include details of all pensions, including state pensions – and the value of each one. This ensures that couples are able to make informed decisions as to what a fair settlement looks like for them

The most common way in which a disparity in pensions is addressed in a divorce settlement is pension sharing which provides a clean break between parties, as the pension assets are split immediately.

Alternatively, in some cases ex-spouses prefer to take a greater share of the equity in the family home or other capital, as a trade-off for a share of the other’s pension.

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

The pension share may be internal (when the recipient becomes a member of the scheme) or external when the share must be invested in an existing or new arrangement of the receiving party. Care should be taken to obtain details of the cost of any transfer.

In deciding what is best for them, the couple need to consider how their respective financial needs will be met and what other assets are available for distribution.

Alternative and non-confrontational ways for divorcing couples to reach a financial settlement without a lengthy and expensive court process include Mediation and Collaborative Family Law.

Both options – in which I have extensive expertise – are conducted in a spirit of mutual co-operation and put children’s best interest first.

At Jones Myers we always recommend that divorcing couples seek expert advice from highly experienced lawyers regarding their finances. Independent Financial Advisers can assist with pension valuations and projected future incomes.

Taking guidance early on will avoid the risk of losing out on what could be a substantial pension sharing provision that spouses are entitled to – and which can prevent long-term financial issues.

For queries on pensions in divorce or any aspect of family law, call 0113 246 0055 (Leeds) 01423 276104 (Harrogate), 01904 202550 (York). Visit www.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet @helpwithdivorce

Jones Myers blog is ranked among the UK’s Best 25 family law blogs and websites to follow in 2025

Image by Denys Nevozhai, Unsplash.

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By Jones Myers Partner, Nicki Mitchell – mediator, child inclusive mediator and collaborative family lawyer

The New Year is key for many people planning how best to manage their money in 2025, especially after all the expense of the festive season.

Many spouses – particularly those who are going through separation and divorce – will want to know their rights regarding Spousal Maintenance – a payment made by one party to the other as part of the financial settlement on their divorce or separation.

Usually, it is paid every month and can last for either a defined period or, in increasingly rare cases, until one of the former spouses dies.

Spousal Maintenance is different from Child Maintenance, which is statutory. It is not an automatic entitlement and only applies to divorcing couples. I share some key insights below.

How is the amount and duration agreed?

There is no set formula for working out Spousal Maintenance payments. How much is paid and for how long can be settled through mutual agreement between a spouse and their ex during divorce proceedings.

Information is exchanged about each spouse’s income and their monthly outgoings. If one spouse has insufficient income to meet their needs and the other can afford to make up or contribute to that shortfall then Spousal Maintenance may be appropriate.

Interim Spousal Maintenance can be agreed or ordered in the initial stages of separation to ensure that the spouse who is weaker financially can manage their basic monthly outgoings.

Does getting Spousal Maintenance involve going to Court?

If the couple are unable to come to a mutual agreement, the Court can decide whether Spousal Maintenance should be paid.

In every case the Court must consider the possibility of a Clean Break Order – which severs all financial ties between the couple.

If a Clean Break Order is not appropriate immediately, the court will order what the Judge considers to be a reasonable level of Spousal Maintenance – and for how long this must be paid.

The court will have before it detailed information about the income available and each party’s income needs. Spousal Maintenance is usually only ordered for a fixed period of time, long enough to enable an adjustment to independence.

How can couples reach a solution without going to court?

More couples are turning to non-confrontational options, which allow them to retain control of decisions which affect them, put their children’s best interests first and avoid costly and destructive court battles.

They include negotiation, mediation or collaborative practice where couples and their lawyers commit to find a positive solution without going to court and sign a binding agreement to that effect. Our specialist lawyers at Jones Myers have extensive experience in advising couples in these areas.

In what circumstances is Spousal Maintenance terminated?

When Spousal Maintenance ends will be set out in the court order. Typically this will be when the spouse receiving the payments has had time to adjust to independence or when their financial needs are reduced. For example, when the children finish school or university, or they leave home.

Spousal Maintenance will cease when one of the spouses dies or if the recipient of the maintenance gets married again or enters into a civil partnership.

What happens if the circumstances change?

If the circumstances of the spouses alter significantly after a Spousal Maintenance Order has been made, they can agree to change the payments ordered and send an agreed order to the Court which supersedes the original order. If agreement is not possible then either of them can apply to the Court to vary the terms of the order.

The Court will consider factors such as changes in income, employment status or financial needs to assess if a variation is appropriate.
Experienced family lawyers like Jones Myers have extensive experience in helping our clients to understand their legal position and options regarding Spousal Maintenance.

We can also assist in negotiating agreements to reach a fair and mutually acceptable solution. If an agreement cannot be reached through negotiation, we can represent clients in court proceedings to seek a Spousal Maintenance Order or to vary an existing order.

For queries on Spousal Maintenance or any aspect of family law, call us 0113 246 0055 (Leeds) 01423 276104 (Harrogate), 01904 202550 (York). Visit www.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet @helpwithdivorce

Jones Myers blog is ranked 8th in the UK’s Best 25 family law blogs and websites to follow in 2025.

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