Jones Myers team

Our highly experienced team at Jones Myers has opened a new office at Windsor House, Cornwall Road in Harrogate as we mark our 25-year anniversary.

The milestone for our specialist family law firm, which operates out of Leeds and London, is to accommodate an increase in instructions from our clients in North Yorkshire.

The move has been widely featured across print and broadcast media including The Yorkshire Post, The BusinessDesk, BusinessLink, Bdaily, the Harrogate Advertiser and Stray FM.

2017 has been a formative year for our practice, which was founded in Leeds by Peter Jones – one of the country’s leading family lawyers and a former national chairman of Resolution.

We are consistently ranked in a joint Top Tier position by the Legal 500 and Chambers guides for Leeds, West Yorkshire and North Yorkshire.

Chambers 2018 describes us as, “A very strong firm – not just in finance but also in children cases.” It adds, “Expertise in dealing with financial remedy nuptial cases adds depth to their practice.”

The latest edition of the highly respected Legal 500 guide describes Jones Myers as “a family practice that is one of the best in the area” and attracts praise for our “sensible, expert, conciliatory advice that does what it says on the tin.”

Our clients are based regionally, nationally and internationally, and we have earned an enviable reputation working exclusively in divorce, separation, complex financial disputes, children issues and contested wills and estates.

Our team of experts, which include a Deputy District Judge, an experienced mediator, a family law arbitrator and our own in-house barrister, jointly combine 250 years of legal experience.

Our move to Harrogate follows the recent expansion of our highly respected children’s department who are regarded as leading experts in issues of residence, contact, relocation, child protection and international child abduction.

Peter Jones said: “The services we provide at our Harrogate office complement those at our Leeds and London locations. We are proud to be recognised as lawyers who look for solutions to problems and are acknowledged for supporting families and children. We advise and guide where possible on options which can avoid conflict and unnecessary costs.

“A big ‘thank you’ to our valued and talented team in what is a momentous year for the firm.”

For more information about any aspect of divorce 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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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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By Peter Jones, founder

A new report has prompted fresh concerns about the systems that are supposed to ensure children receive maintenance payments they are entitled to.

Family law charity, Gingerbread has claimed that loopholes in the Child Maintenance Service (CMS) allow non-UK residents to pay only part of their liabilities.

According to the charity which is urging the government to devise a new strategy to prevent payment avoidance, parents claim the CMS regularly ignores their concerns

While Gingerbread has recommended improved coordination between CMS and HM Revenue and Customs among measures the government should take, more robust and urgent action is needed for children to receive this much needed support.

Leaving decisions about who should pay what in the hands of organisations like CMS and its predecessor, the Child Support Agency (CSA) is a recipe for disaster – as the last 24 years have highlighted.

Only three months ago the National Audit Office revealed that the CMS had built up £93m of unpaid child support since it was established, in 2012.

This news was further compounded by the fact that the CSA had failed to collect nearly £3bn following its inception in 1993.

According to the Department for Work and Pensions 1.2 million people are owed money – with little of it ever likely to be paid.

The current system claims to encourage parents to come up with their own family-based arrangement. The stark reality, however, is that this system is unsympathetic and formulaic in its assessments and ineffective in its enforcement.

I believe that it is in the interests of both children and their parents for the courts to rule on maintenance payments as part of the separation agreement. The court’s ruling then needs to be supported by an enforcement system that is economical to run and financially accessible for parents.

After all, when the wellbeing of vulnerable children is at stake, we cannot afford – either financially or emotionally – to keep getting it so badly wrong.

For more information about any aspect of children’s law or family law call the team at Jones Myers on 0113 246 0055 or tweet us on @helpwithdivorce

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The countdown to Resolution’s fourth Family Dispute Resolution Week, which runs across November 23-27th , is a timely opportunity to flag up the alternatives to the ‘traditional’ court hearing route for divorcing couples.

Supported by the Law Society and the Family Mediators Association, this year’s theme, ‘putting children first’ promotes the benefits of adopting a more conciliatory, non-court based approach to family disputes, as courtroom battles can be very emotional and distressing for all involved, especially children.

Collaborative Family Law (CFL) Practice Groups UK wide are organising activities to promote non-court resolution in family breakdown. My own local Group, CFL Leeds, is holding a food-making challenge at Chino Latino restaurant, where we will “collaborate” in teams with our non-family lawyer guests to produce a variety of sushi dishes together. This will be on Wednesday the 25th November at 17.00. The idea is to demonstrate how working together produces far better results than being in competition.

Litigation is an option which can bring many disadvantages, including high costs, substantial distress, and a prolonged process. It assumes there is conflict, whereas there is often only disagreement – which can nearly always be solved creatively through discussion, asking questions and finding solutions together.

Going to court is usually the most expensive option, and can be a cold, clinical, very public and daunting experience, where you hand over the decision-making to a judge who does not know you and has no real idea what is truly important to you.

The far more positive ways to resolve family breakdown issues are through mediation, collaborative law, and arbitration.

In mediation, trained intermediaries meet with both partners together and help you reach agreement on those issues where you disagree, such as arrangements for any children.

The collaborative process sees each party appoint their own collaboratively trained lawyer, meeting to work things out and backed up by support and legal advice. All sign a contract committing them to trying to resolve matters by agreement, without going to court. The lawyers will agree only to represent the parties within the collaborative process, and not in court.

These non-court options involve both parties far more, encourage a greater understanding of the other’s point of view and are designed to forge a long-term solution, without lingering bitterness, based on a fair, realistic settlement.

Rather than the adversarial court process that can leave a family at war, they are all intended as a launching pad for a more positive future, which minimises impact on children.

These non confrontational options ensure that youngsters are as happy as is possible post-divorce, seeing that their parents who, while no longer together, are not at each other’s throats or pressuring them to take sides for years or even decades. The children are watching and can be dramatically affected by the way in which their parents resolve their difficulties.

Family arbitration is where both partners agree they need a third party to decide a financial issue or issues, but do not want to go through the court process. An experienced family lawyer, trained as an arbitrator, will make a final, binding decision.

Our regular blog visitors will know that it has always been our driving aim at Jones Myers to ensure the best outcomes for children.

Court really should be a last resort.  Generally, you can achieve much better solutions for all the family, especially any children, by cooperating and working out agreement in private meetings with your ex and their representatives in a safe, private and non-threatening environment. Here, a solution is worked out based on your respective long-term goals, rather than imposing a ‘win-lose’ philosophy.

Jones Myers family lawyers are members of Resolution – professionals committed to the constructive resolution of family disputes. All follow a code of practice that promotes a non-confrontational approach to family issues.

As Winston Churchill, at his wisest and most succinct, memorably advised, “To jaw-jaw is always better than to war-war.” Although he was alluding to a different kind of battleground, the principles he advocates are no less pertinent in family law.

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

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One of the most stressful events in our adult lives, the breakdown of a marriage invariably leaves those involved emotionally and physically drained.

At this critical time, knowing where to start on the path to divorce can seem overwhelming.

At Jones Myers we understand that men and women need support and advice to guide them through the process of separation and divorce and enable them to look towards a positive future.

In the countdown to Christmas – a period which historically sees an increase in the number of divorces – we are going back to basics with a series of posts taking you step-by-step through the practicalities of divorce. We will also offer tips and advice from guest bloggers on coping with the emotional and physical fallout.

Although an invaluable research tool for all areas of our lives, including divorce, the internet can also be a double-edged sword offering so much information that it’s hard to know who to trust and what to believe.

Drawing on our collective experience, we have compiled a list of critical concerns for those embarking on the divorce path. Here are three of the most frequently asked questions and our answers.

What is the first step in a divorce?

Having made the decision, you need practical help and advice from a good family lawyer who will put you straight about the process of divorce, the financial aspects and arrangements for your children. Having the correct information at the very earliest stages can help you to make informed decisions and avoid costly mistakes later. Armed with the knowledge of what to expect will settle many preconceived anxieties.

What you should avoid as a first step is doing anything that might antagonise the situation such as changing locks or moving money from bank accounts.

Do I have to leave the marital home when I separate/divorce?

The family home may well be the main asset in a divorce and be central to any financial settlement.  One partner could buy the other one out or the property could be sold and the equity divided.

If children are involved it is common for one partner (often the mother) to stay in the family home initially.  Sometimes clients want to stay in the family home long term, believing that it gives children greater security and stability.  However, this situation may simply be delaying the inevitable. Whatever the situation, it is of paramount importance that the interests of the children come first.

Leaving the matrimonial home doesn’t mean that you will lose your share.  It is a practical decision, which will give everyone space to think and to avoid conflict and stress.

How can we make sure the children don’t suffer?

How and when you explain to children that your marriage or relationship is breaking up sets the foundation for how they will cope in the future.  It is natural that they will feel sad and angry – they may even blame themselves.

Plan carefully what you intend to say and give them the news at the earliest opportunity – how much you say will depend on the age of the children.  Ideally both parents should be present to break the news and they should be consistent in what they say, avoiding blaming each other.

Children need to feel safe and wanted so stick to routine and reassure them that they are loved by both parents. Carry on doing ordinary things and encouraging them to talk.  They do not need arguments in front of them, personal details or to hear whose fault it is.

We have written several blogs about helping children cope with divorce, including tips from Kate Banerjee, head of our children’s department, and one by author Helen Victoria Bishop about her book “Jack” written to help younger children deal with family break-ups.

Over the coming weeks we will be looking at issues including the divorce process itself and the different options available such as mediation and how to ensure that children’s interests are at the forefront.

If you have any questions about separation or divorce, including civil partnerships, please call us on 0113 246 0055, leave us a comment below or drop us an e-mail.

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Based on an American academic survey the newspaper story claims that rowing about finance is more of a predictor of divorce than arguments about children, in laws and sex.

Behind the headlines is a serious message about the importance of couples discussing their finances openly and honestly.  When a husband and wife have not shared their individual finances with each other within their marriage this can often contribute to problems during divorce proceedings.  One party 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 financial settlement.

During their marriage a couple may have hidden finances from the other or argued endlessly about money.  However, when it comes to the divorce process there is no avoiding a full and frank disclosure of each partner’s finances. Neither party can put his or her head in the sand, nor should they believe that they can squirrel away assets.

Financial disclosures are designed to protect both parties and to ensure that each receives a fair settlement.  Below are some the key elements of this critical aspect of any divorce.

•  Essential paperwork you must complete You will be asked to complete what is known as a ‘Form E’ and provide evidence of your assets and finances in the UK and abroad including bank statements, business accounts, tax returns, mortgage statements, valuations of any assets, such as pensions, property together with evidence of any financial liabilities.

•  How Form E is used Lawyers will collate this documentation then exchange it with your husband or wife’s lawyer as part of the divorce negotiations.  If you fail to submit the relevant documentation, or your ex or his or her solicitor suspects that vital paperwork is missing, then a lawyer may believe that you have not made a ‘full and frank disclosure’ and can apply to the courts for a judge to deal with the financial matters. You could be fined or even imprisoned – almost certainly you will face additional costs, particularly if lawyers have to pay for specialist help to track down your missing finances.  Equally import will be the damage to negotiations.  There will be suspicion and uncertainty which may well prevent a negotiated settlement and consequently create delay and additional costs.

•  Concealing assets Lawyers and judges know every trick in the book and will ask questions if they suspect that money has been concealed and may even employ forensic accountants to track down missing assets. Don’t be tempted to hide money in offshore banks because you will be found out and family courts have the power to question your accountant, your financial advisor and even your bank manager.  Nor should you set up a new business shortly before separation as a suspicious lawyer or judge could see this is a deliberate attempt to hide assets within a company structure.

• Take a non-confrontational approach At Jones Myers we believe that wherever possible negotiation is key to resolving critical, yet often challenging, financial settlements. This approach, which sees a couple and their lawyers working together discussing the issues and debating different solutions to meet the needs of both parties, can avoid the trauma of court and reduce pressure and anxieties.

• Play fair for a lasting solution.  If you cheat with your finances and assets and you are found out then a court can overturn the original settlement.  However, if you play fair and are transparent then you and your ex can avoid further emotional upheaval and costs with both of you able to move on in your lives.

If you have any questions or concerns about the financial aspects of divorce, or any issues relating to the breakdown of a marriage or civil partnership, then do email us or give us a call on 0113 246 0055.

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The headlines make for grim reading: long term unemployment is at its highest level since 1996; income growth has slowed to 0.6 per cent, well below inflation; the Eurozone crisis deepens and the Bank of England has cuts its growth forecast to around 0.8 per cent, indicating that the economy won’t return to its pre-crisis status until 2014.

Add to that the withdrawal of interest-only mortgages and increases in Standard Variable Rates from major mortgage lenders, and each month adds to the tally of households which are feeling the squeeze to an unbearable degree.

So where does this leave couples whose relationships have already hit the rocks, for whom the financial climate brings the Catch-22 of heaping further stress on the pair whilst also leaving them with difficult financial decisions for the future if their marriage ends in divorce?

There’s no doubt that reaching a financial settlement affordable to both parties is more challenging than it was even five years ago. Here at Jones Myers, we’ve always endeavoured to find solutions that don’t rely on the wholesale selling of assets. This approach has paid off for our clients, especially now that the property market is in the doldrums and couples can no longer rely on the immediate sale of the family home to give them both enough to live on post-divorce.

Divorces are on the rise, with an increase of almost 5 per cent from 2009 to 2010. In addition, couples are splitting later in life – the average age for men divorcing has leapt to 44 in 2010 from 38 in 1990. This puts a much greater emphasis on pensions as a key element of the settlement as the pension pot has had more time to grow.

More than one in ten divorce settlements includes a pension sharing order – where the pension pot is split between the pair – and this can be applied not just to personal pensions but also to the top-up State Second Pension and its predecessor SERPS. Another solution is offsetting where one partner keeps their pension in exchange for giving up a greater share of other assets such as the house.

Pensions have always been in the mix, now it just requires a more innovative approach to maximise the benefits to both parties. Deals can be struck that incorporate delays or staged payments, working on the assumption that the economy will recover and individuals’ circumstances will improve.

Good negotiation is key: however sore couples are feeling, we would always urge them to think long-term, try to set aside their differences in the interests of finding the best solution all round. Disagreements invariably result in a protracted battle and higher costs, whereas a process such as mediation can be hugely beneficial not just in relation to the settlement but to agree residence and contact arrangements.

A good family lawyer will always identify the best solution for clients, no matter how challenging the financial climate is. The economic storm clouds may be swirling above but the silver lining can be found with a little ingenuity from the lawyers and compromise and understanding from the couple.

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