By Neil Dring, Jones Myers Senior Solicitor

A recent study which found that just one fifth of divorcing couples considered pensions when dividing their assets reinforces how their importance as a valuable asset in relationship breakdown remains overlooked.

Almost 30% of participants in the study said that they had actively waived their rights to the value of pensions, which can help to provide for separating parties in retirement.

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

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

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

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

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

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

Some divorces may involve several pension arrangements so it is important to consider which ones should be shared – and to what extent. Expert advice from an Independent Pensions Adviser will help with this along with a valuation and projected future incomes.

The pension share may be internal (when the recipient becomes a separate member of the same pension scheme) or external, with funds being transferred out of the main scheme to a different pension provider. It must be invested in an existing or new arrangement of the receiving party and utmost care should be taken to obtain details of the cost of any transfer. The Court will look at the needs of the parties and what other assets are available for distribution.

Pensions can be a complex area in divorce, which is why This Pensions Advisory Group produced a Report in 2019 aiming to give clear guidance to individuals, lawyers, judges and courts on dealing with it.

While receiving widespread support which included leading Family Court judges, the reality is that pensions are considered in too few cases and are not properly understood.

A revised and updated second edition of the Report was published in January this year. The potential complexity of the wide-ranging issues involved is illustrated by the Report running to 192 pages!

Recent changes in divorce law have meant that the risk of pensions being ignored, resulting in future financial problems, has increased.

The newly introduced “No-Fault Divorce” process which enables people to apply for a divorce without using a lawyer is a welcome and long-overdue change.

However, the danger is that many will fail to seek advice from a lawyer in relation to finances and particularly pensions, and so risk losing out on pension sharing provision that they should legally be entitled to – and have earned over the course of a long marriage.

Our experts at Jones Myers can advise on whether you are entitled to a share of your spouse’s pension, options for protecting your pension and how to deal with pensions during divorce.

The Chambers 2024 describes us as being “Well versed in cases involving shareholder issues, property portfolios and complex pension schemes”.

For queries on divorce, pension sharing and financial settlements, email me at neil.dring@jonesmyers.co.uk or call 01423 276375.

Jones Myers blog is ranked in the UK’s Best 25 family law blogs and websites to follow in 2024.

Photo by Irwin Wang, Pexels

The post Why pensions are a valuable asset in divorce settlements appeared first on Jones Myers.

News that a man has been sentenced to jail after deliberately lowering the value of a house during his divorce is a salutary reminder of how both spouses must reveal all their financial information.   

During divorce there is no avoiding a full and frank disclosure of each other’s finances. Neither you nor your spouse should put you head in the sand or believe you can squirrel away and hide assets or income.

There are three areas to consider in the disclosure when working out who has what proportion of the joint finances – and for how long.

• Assets – including savings, investments, property, shares, and businesses
• Income – whether you are employed or self-employed, along with dividends and interest payments
• Pensions – the type of scheme and value

Both you and your spouse are required to produce a completed form which sets out in detail all your finances. Standard requirements include providing details of all bank accounts along with one year’s worth of statements for each account. In addition, pay slips and other documents are required to confirm the accuracy of the information.

The next priority is building a detailed picture of the needs and requirements of you and your spouse, both now and going forwards. This protects both of you, ensuring you each receive a fair settlement for your financial situation.

Despite the introduction No-Fault Divorce in April this year, financial settlements continue  on occasionsto remain more problematical and difficult during divorce proceedings.

We recommend you see an experienced family lawyer as soon as possible to obtain a good understanding of your financial rights and obligations.

Entering into negotiations without first understanding what you might be entitled to, or required to provide, can create an unrealistic expectation on you both and it may cause unexpected difficulties in the future. 

It is important to resolve (either by negotiation or through the courts) all the financial issues before the Final Order (the legal document ending your marriage for good) is made to ensure that both parties are financially secure.

Planning your future finances may be the last thing you want to do at such a difficult time. However, reaching a financial settlement that is mutually satisfactory and will stand up to legal scrutiny remainsa priority.

Giving clarity and certainty to you and your spouse, finalising the financial issues between you enables you both to look forward with security, optimism, and peace of mind.

For queries on financial remedies or any aspect of family law, call us on 0113 246 0055 (Leeds), 01423 276104 (Harrogate), or 01904 202550 (York). Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

Jones Myers blog is ranked ninth in the UK’s Best 25 family law blogs and websites to follow in 2022.

The post Does divorce make sharing ALL my financial information compulsory? appeared first on Jones Myers.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The post Why our blog ranks in UK’s Top Ten to Follow in 2022 appeared first on Jones Myers.

By Nicki Mitchell, Mediator and Collaborative Family Lawyer

No-Fault Divorce – which dispenses with the ‘blame game’ – makes it easier for couples to manage their separation and work together to avoid lengthy, costly, and stressful court disputes.

The ground-breaking changes in the law, which enables divorces to be completed in just six months, will help separating couples to focus on vital issues such as finances, children, and property.

New time scales include a 20 week ‘reflection period’ between lodging an application and applying for a Conditional Order stating when a marriage will end.  

During the 20-week period, mediation can be instrumental in helping couples to negotiate an agreed settlement of the financial issues arising from their separation. This can then be simply provided to the court for approval without any hearings.

We cannot overestimate the importance of addressing the financial consequences of separation, including pensions, insurance benefits, and potential tax implications, and obtaining a court order which confirms how those issues are to be dealt with, before applying for a Final Order which legally ends the marriage.

However, a Final Order of divorce does not, on its own, bring an end to the financial claims which spouses have against each other.

Confidential mediation sessions enable couples to work constructively towards agreed arrangements aligned with the family’s long-term interests.

This measured approach, which keeps communication channels open, can also be key to sorting out the welfare of, and arrangements for, children – whose interests should always come first. Adopting a constructive and united approach can likewise lessen the emotional impact of the split on the children.

It is important that legal advice is taken to support the mediation process – the mediator will guide couples as to when this is needed.

Our highly skilled team of specialist family lawyers includes myself, a family law mediator since 2015, a qualified child-inclusive mediator and a qualified mediator.

Peter Jones, who founded our award-winning, niche family firm, is also qualified to arbitrate on financial and property disputes along with the breakup of civil partnership or disputes between cohabiting couples whose relationships have ended.

Under No-Fault Divorce, individuals can apply for a Court Order to start the divorce process and, for the first time ever, couples can also submit a joint application on mutual terms.

Irrespective of the divorce process, an early conversation with a family lawyer can help to make informed decisions about the future. Our specialist family lawyers often speak with our clients before they make any firm decision to separate and can allay many of their fears. 

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

The post Why mediation is still important in No-Fault Divorce   appeared first on Jones Myers.

This month brings monumental changes in divorce law with the long-awaited introduction of No-Fault Divorce on April 6.

To mark the milestone, Jones Myers Founder, Peter Jones, has featured on BBC Radio Leeds to highlight what the changes mean for couples seeking a divorce.

Our Partner Nicki Mitchell, who heads our York office, has also been interviewed by BBC Radio York to explain the implications.

Here is a summary of how the developments will affect divorcing couples.

Under the previous laws, unless couples had lived apart for two orfive years, one partner had to apportion some form of blame for the marriage breakdown. This could be adultery, desertion, or unreasonable behaviour.

In our extensive experience, we have witnessed how dishing out blame can create conflict and make it difficult to reach a mutually acceptable agreement.

No-Fault Divorce removes the need for separating couples to prove fault or to live apart for at least two years before being granted a divorce. It also means a divorce application cannot be defended or contested.

The seismic change was triggered in part by the high-profile and acrimonious case of Tini Owens, a ‘desperately unhappy’ wife who took her case to the court of appeal after a family court ruling refused her a divorce petition. Her husband vehemently denied her claims of his unreasonable behaviour and wanted to remain married.

Had he not contested the divorce and her allegations, she would most likely have been granted a divorce. Instead, she was forced to live in the marital house for a further two years.

The new time scales under No-Fault Divorce require a period of a minimum of20 weeks between lodging an application with the court and applying for a Conditional Order.  

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

No-Fault Divorce also enables couples to submit a joint application on mutual terms.

The absence of blame will make negotiations for the welfare and arrangements for children, whose interests should always come first, more collaborative.

It is also expected to make dividing assets easier because couples in this situation are more likely to be more open minded to discuss financial issues without the resentment that sometimes exists when blame is involved.

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

It is vital anyone issuing an application themselves ensures that areas such as pensions, insurance benefits and their potential tax implications are dealt with before applying for a Final Order.

We urge taking expert legal advice as it may be necessary to delay applying for a Final Order to protect the financial aspects.

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

The post Jones Myers explains No-Fault Divorce on BBC Radio appeared first on Jones Myers.

By Jones Myers Partner, Nicki Mitchell  

On April 6, a three-decade long campaign to modernise divorce laws will finally come to fruition.

No-Fault Divorce – spearheaded by family justice group Resolution – and backed by members including our award-winning family law firm Jones Myers – finally ends the bitter ‘blame game.’

The process eliminates the need for separating couples to prove some form of fault or to live apart for at least two years before being granted a divorce.

For the first time ever, couples can submit a joint application on mutual terms. These are the steps to take if you are in this situation.

Step 1

As joint Applicants you can both apply for a Divorce Order if your marriage has broken down irretrievably. You must also confirm that you have discussed the possibility of a reconciliation.

Firstly, you will need to agree between yourselves who will be the first Applicant as they will start the process by completing the application. The other spouse will then have the opportunity to complete, review and provide any additional details. Both of you will need to sign a statement of truth confirming the facts in the document are true before filing the application.

Step 2

You lodge a statement with the completed application for a Divorce Order, which confirms that the marriage has broken down irretrievably. You can agree between yourselves how to pay the court fee of £593 for your joint application.

Step 3

The court starts the process, and you go through a 20 week ‘reflection period’ to carefully consider if you are making the right decision before you can apply for a Conditional Order (currently known as a Decree Nisi). This is a court order stating the date when a marriage will terminate unless there is a good reason to refuse to grant a divorce.

Step 4

If, after 20 weeks, you still want to continue the divorce application, you inform the court and apply for a Conditional Order.

Step 5

Six weeks after applying for the Conditional Order, the court can issue a Final Order (currently known as a Decree Absolute) – the legal document that terminates the marriage.

If, during the process you are unable to work together to progress the joint application, either of you can apply for a Divorce Order as an individual Applicant.

A cautionary recommendation is to ensure the financial issues are agreed before a Final Order is granted so that pensions and insurance benefits can be protected.

No-Fault Divorce aims to make it easier for couples to manage their separation and work together to avoid lengthy, costly, and stressful court disputes. An experienced family law firm such as Jones Myers can help you both with compiling the necessary documents or you can apply jointly online.

For queries on No-Fault Divorce, the current divorce process, or any aspect of family law, visit this link, call us at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550. Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

The post How do we jointly apply for divorce under the new laws? appeared first on Jones Myers.

By Jones Myers founder, Peter Jones 

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

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

What is the thinking behind No-Fault Divorce?

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

How different is it from the current system?

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

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

Could we apply separately for a divorce?

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

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

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

Will it be quicker to get a divorce?

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

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

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

Will divorce become less expensive?

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

What are the benefits?

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

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

Will it make dividing assets easier?

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

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

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

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

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

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

The post We’re divorcing: How will the new divorce laws affect us? appeared first on Jones Myers.

By Jones Myers Solicitor, Lilly Grant

News that divorcing couples can obtain a no-fault divorce from 6 April 2022 marks the most dramatic and far-reaching change in divorce laws in 50 years.

No-fault divorce finally ends the bitter ‘blame game’, making it easier for people to manage their separation and work together to avoid lengthy and stressful court disputes.

Under current legislation, to petition for divorce the petitioner must satisfy one of the following five facts to establish that the marriage has irretrievably broken down.

1. Unreasonable behaviour
2. Adultery
3. Two years separation with the consent of the other party;
4. Five years separation without consent; and
5. Desertion.

This means that unless couples have lived apart for two or five years, one partner has to take some form of blame, either adultery or unreasonable behaviour.

No fault divorce will provide a less acrimonious divorce process, enabling one or both parties to issue a petition for divorce simply with a statement confirming that the marriage has irretrievably broken down. 

A 20 week period for reflection follows – after which a conditional order is made.  Once a further 6 weeks expires a Final Order can be granted.

While Children and Financial Arrangements will still be resolved separately, it is anticipated that the removal of ‘allegations’ will promote a better atmosphere for discussion and agreement. 

Jones Myers always stresses the importance of putting children’s interests first. We have experienced at first-hand how prolonged divorce proceedings can cause conflict and lingering resentment and have long-term repercussions on their health and education.

Jones Myers, together with Resolution, which champions non-confrontational approaches in family law, has been at the forefront of lobbying MPs locally and at the Palace of Westminster for these major changes. We are understandably delighted with this rewarding outcome.   

Designed to reflect society’s attitudes, the legislation was originally set to come into force in autumn 2021. The delay to 6 April 2022 is to enable the court IT system to be up and running with the new process.

For queries on divorce or any aspect of family law, call us at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550. Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

.

The post New day dawns in divorce ending bitter ‘blame game’ appeared first on Jones Myers.

By Peter Jones, founder

I am optimistic that long overdue reforms to introduce no fault divorce and end the bitter ‘blame game’ will help the well being of children who are caught up in their parents’ separation.  

Our firm – which has campaigned vociferously for no fault divorce and lobbied MPs – breathed a collective sigh of relief when the bill ended its Parliamentary journey and received Royal Assent. 

Spearheaded by Resolution, which champions non-confrontational approaches in family law, no fault divorce aims to make it easier for people to manage their separation and work together to avoid lengthy and stressful court disputes.

Up to now, unless couples have lived apart for two or five years, one partner has to take some form of blame, either adultery or unreasonable behaviour.

In our extensive experience this prolongs divorce proceedings and can cause conflict and lingering resentment which often impacts on children. Such antagonism can continue after parents have split up and more so if one of them is living with a new partner.

Sadly, children who are trapped in the crossfire can often retreat into an artificial world to escape the stresses and strains. Their behaviour can also be affected as children become attention-seeking and demanding.

The knock on effects of this can lead to long-term repercussions such as their education suffering and health problems which can bring lasting damage and affect their future prospects.

Thankfully the new law removes the need to prove adultery, unreasonable behaviour or to live apart for five years before a divorce can be granted.

While the irretrievable breakdown of a marriage as the sole ground for divorce will remain, providing evidence of a ‘fact’ around behaviour or separation will be replaced with a requirement to submit a statement that the marriage has broken down.

No fault divorce also requires that there must be at least 20 weeks between lodging a petition to a conditional order being made.

Coming into effect in the autumn of next year, it paves the way for couples to give their children’s emotional and financial security the priority they deserve – both now and in the future.  

For queries on divorce or any aspect of children or family law, call us at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550. Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

The post Why no fault divorce will help to put children’s interests first appeared first on Jones Myers.

By Peter Jones, founder

In the adage that all good things come to those who wait, I welcome the news that ‘no fault’ divorce will finally become law – dispensing with the damaging ‘blame game’ which is detrimental to all involved.

We’ve previously shared our concerns on how the present fault based divorce system can result in acrimonious break ups – with antagonism very often continuing after the parties have separated and where one parent is living with a new partner.

Over the years we have witnessed how this friction impacts negatively on children who, trapped in the crossfire, often retreat into an artificial world to escape the stresses and strains.The long-term repercussions to children of all ages include poor education, health problems such as depression and concentration issues – all of which can result in long and short term damage and affect their future prospects. Behavioural issues are also common as children can become attention-seeking and demanding.

Under current legislation, unless couples have been living apart for a period of time one of them must apportion some form of blame, either adultery or unreasonable behaviour, which can in itself create conflict.

Thankfully the new law will remove the ability to contest a divorce and end the need to prove adultery, unreasonable behaviour or to live apart for five years before a divorce can be granted.

It is proposed that while the irretrievable breakdown of a marriage as the sole ground for divorce will remain, the need to provide evidence of a ‘fact’ around behaviour or separation will be replaced with a requirement to provide a statement of irretrievable breakdown.

Changing the system to remove acrimony and frustration enables couples to focus on vital factors such as creating financial security and ensuring the future happiness and wellbeing for their children is preserved in a harmonious – as opposed to a harmful – environment.

For more information about divorce and finances, children’s issues 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 Why no-fault divorce is in children’s best interests appeared first on Jones Myers.