During January many of us compile a list of resolutions to keep us motivated, energised – and on track for the year ahead.

The most common goals include joining a gym, going on a diet, quitting smoking, looking for a new job and spending more time with family and friends.   

We also urge engaged couples to consider adding a pre-nup to their list – particularly as disagreements about money are one of the major causes of bitterness, uncertainty, anxiety and cost arising from marital breakdown.

The increasing recognition of their value reflects how couples view their open and transparent nature as a positive factor when planning their wedding.

It also demonstrates that, while seeking to protect inherited or family money, couples want to do ‘the right thing’ by each other and by any children.

As well as helping to ensure finances, house and other assets are shared fairly on divorce, pre-nups can also protect inherited wealth or savings built up before marriage.

The contracts are likewise becoming more popular with those marrying for a second time, enabling them to preserve certain assets for their children from previous relationships and ensure that children from their second marriage will be treated fairly if the relationship ends.

Situations where such contracts run into problems include when judges think they have been signed in haste and under pressure. They will want to know that the partner with the most to lose understood the agreement, was not under duress when they signed it, and took independent legal advice. Courts may ignore or vary pre-nups drawn up in haste.

We always advise that the agreement is signed at least 21 days before the wedding, making full financial disclosure and securing good legal advice.

If respected family lawyers help draw up the agreement, judges can be confident that both parties understood it fully and were not rushed into it.

For information about pre-nups, post-nups or any aspect of family law, call our Leeds office on 0113 246 0055, our Harrogate office on 01423 276104 or our York office on 01904 202550. You can also visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

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Milestone expansion: our new office will be based at Windsor House.

Having worked with divorcing and separating couples for many years, as a firm we understand that it is no cliché to describe the process as one of the most stressful in life – up there with bereavement and moving home.

Jones Myers’ new office in Harrogate will enable us to help more clients who are undergoing relationship breakdowns and seeking assistance with issues relating to children, finances and future planning.

Based at Windsor House, our services will complement those we provide at our existing offices in Leeds and Essex where we combine professional legal advice with a sensitive approach.

Dealing exclusively in family law, including divorce, separation, complex financial disputes, children issues and contested wills and estates, we understand that choosing the right representation, particularly in an area as complex and sensitive as family law, is critical.

Our experts, who jointly combine 250 years of legal experience, include one of the country’s leading divorce lawyers, a Deputy District Judge, an experienced mediator, an arbitrator and our own in-house barrister.

Our clients, who hail from all walks of life, are involved in wide-ranging relationships issues. They look to us to for the best possible solution for their individual situations.

We champion a holistic approach comprising suitably trained lawyers, life coaches and financial advisers (as the case requires). This specialist support group understands the grieving process and works as a team to help manage each part of the jig-saw in a vital planning process.

We strive for the right outcome for each and every one of our clients – supporting, guiding and advising them through options such as collaboration, mediation and arbitration, which can avoid going to court. Likewise, when they require strong and tenacious support to pursue litigation, we adeptly navigate them through this process.

Knowing only too well the impact that relationship and family issues can have on people’s lives, our understanding, expertise and reputation underpin everything we do.

For more information about any aspect of family law, call our Harrogate office on 01423 276104, visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

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Pre-nups and post-nups posts were top of the agenda following research which revealed that one in ten married British people regret not insisting that their spouse sign a pre-nup agreement before tying the knot.

Norman explained that a pre-nup agreement drawn up between couples before marrying sets out how their assets will be split if the marriage fails. He outlined that although not legally binding, a carefully thought through prenup, drawn up well in advance of the marriage – and without coercion – is likely to be upheld by a court.

The programme also covered how such agreements can protect other stakeholders in a marriage – typically in-laws, who might pay for the wedding or provide a home deposit. While a pre-nup can include undertakings to repay them – for example, if the property is sold following a split – without one, contributions may simply be treated as non-refundable gifts. Experienced family law firms such as Jones Myers have a wealth of expertise in this area.

The first question posed by a listener asked if there is such a thing as a post-nup – with Richard also unaware of such an agreement.

Norman explained how post-nups are entered into after marriage; with the same aim as a pre-nup should a court decision have to be made. He outlined how they are often made by couples in a second marriage who are seeking to protect children of previous relationships, or by those who wanted a pre-nup but didn’t have time, or simply to re-inforce a pre-nup

For a post-nup agreement to carry its full weight, both parties must enter into it of their own free will, without undue influence or pressure, and fully informed of its implications. Legal advice and disclosure are desirable, but what matters is that both parties are fully aware of the implications of the PNA and have the information necessary to make an informed decision. It follows that duress, fraud or misrepresentations are potentially vitiating factors.

The couple’s circumstances at the time of the agreement are also relevant. These include age and maturity, and whether either or both had previously been married or in long-term relationships.

The issue of whether pre-nups dampen romance came up with Norman, who advised that timing was important, suggesting an agreement be drawn up when financial plans and practicalities were being discussed – as opposed to introducing the issue over a romantic meal.

Phone in queries also included a listener questioning if a D37 Decree Absolute he had received from the court meant he was now formally divorced.

Norman replied that, while the marriage was now legally over, there may be dangers if there is no financial order dealing with each party’s claims – with the serious risk that a former spouse can make a claim against their ex, often years after the divorce is finalised.

You can listen back to the programme on Radio Leeds if you missed it live.

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

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However, is it really ‘green for go’ for pre-nups?

I fear that some media commentators have rather jumped the gun as, in my opinion, pre-marital arrangements are a long way from becoming legally binding.

The legal journey for pre-nups and other suggested reforms begins on February 27 when The Law Commission is expected to make recommendations to bring about significant changes to the financial aspects of divorce. These will include the issue of whether pre-nups should be, or can be, legally enforceable.

I applaud the commission’s drive to introduce reforms that may help reduce confrontational and damaging court battles between couples when their marriage breaks down.  However, there it is a very long and winding route between making the transition from report to statute.

The Government may ignore the commission’s recommendations – as they did with proposed reforms to the cohabitation laws.  As readers of our blog will know, we are passionate in our belief that co-habiting partners should have the same inheritance and financial redress rights as married couples.  Yet, the Law Commission’s imminently sensible 2007 proposal was rejected by the Ministry of Justice four years later – and co-habiting couples are still left vulnerable.

As we highlighted in our recent blog, a well-crafted pre-marital arrangement, where both partners have undertaken professional, impartial legal advice, is likely to be given weight by a divorce court.

If the Government does legislate to enforce pre-nups I have no doubt that there will be ‘back door’ clause so that a party who is (allegedly) prejudiced can escape.

Ultimately the Ministry of Justice may decide that it is too complex to make pre-nups legally binding. For example, what happens if a couple’s financial circumstances have changed significantly since the agreement was drawn up, or one of them is due to inherit property or substantial assets?

So, a green light for pre-nups?  My take is that an amber light is more realistic – coupled with a danger of the process being further stalled in the long legislative journey ahead.

Do you think pre-nups should become law?  Please leave your comment below or on Twitter @helpwithdivorce

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Jones Myers partner Fiona Kendall was a guest of one of the fellows of the illustrious academy – an organisation of global family lawyers with particular expertise in international matrimonial law, including cross-jurisdictional matters.

Fiona, a trained collaborative family lawyer specialising in financial remedies, is an expert in cross-border matters. She examines the key issues under the spotlight for couples and divorce lawyers at the Buenos Aires conference.

“The conference reinforced how family law reflects the culture of a particular country – and how that law won’t always transfer to another country or culture.  As lawyers we may hear of legislation in a country such as New Zealand, which is very progressive, without recognising that such a law wouldn’t work elsewhere.

Our clients are more multi-cultural than decades ago. The days of marrying someone in your own village are long gone in many countries as people are increasingly more mobile. The three key themes of the conference reflected these cultural differences – recognising that whilst cross-cultural marriages are very common and it is easy to meet someone from another country, it can be a huge challenge if that marriage breaks down.

Relocation of children

The global trend of inter-cultural marriages means that if couples divorce children may be relocated to another country. Ahead of the conference the IAML sent out a comprehensive questionnaire to members to examine trends and issues across different jurisdictions. The findings ran to some two hundred pages.  Some of the themes were highlighted in a role play at the conference featuring an Argentinian father and a Scottish mother who, post-separation, wanted to return to live in Scotland with their children.  As a lawyer qualified in Scottish law I watched this role play with considerable interest as delegates discussed the living arrangements of the family and what would be in the children’s best interests.

Coercive control

This is a term used to describe domestic abuse and the conference looked at how different counties view and define coercive control. In some countries financial control is viewed as a form of abuse – so a man telling his wife how much she can spend, and on what, would be seen as coercive control in a divorce case.  However, in other jurisdictions, judges appear to apply a much narrower definition with only violence within a relationship viewed as domestic abuse.

“It is important for family lawyers to understand that what is unacceptable in one country or culture may be seen as normal in another as there are implications for how we handle divorce cases across different jurisdictions.”

Pre-nuptial agreements

The third theme of the conference was of particular interest to me as I draft pre-nups regularly.  Discussions highlighted the complexity and challenges of compiling pre-nups across different countries and in different languages to ensure that they are robust enough to withstand legal challenges.

If a couple have assets, property or business interests in several different countries then mirror agreements may need to be drawn up in each of the relevant jurisdictions.  Translations may be required. The conference debated whether we might be better incorporating the agreements into one ‘omnibus’ version and asked challenging questions about the accuracy of translations and how to decide which jurisdiction takes precedence.

It was a real privilege to be a guest at the conference that brought together some of the world’s most influential family lawyers.  It can only be of benefit to our clients if we share information and ideas with our colleagues around the world and embed the very best matrimonial law practice into our own firms.”

If you have any questions about cross-jurisdiction family or divorce issues including children’s matters or pre-nuptials then please then do email us or give us a call on 0113 246 0055.

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