Peter Jones

Are you divorcing? Here’s how the new divorce laws affect you
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Are you divorcing? Here’s how the new divorce laws affect you  

Published on
Family Lawyer
Peter Jones
Founder of
Jones Myers
Family Solicitors

On April 6 this year the introduction of No-Fault Divorce brings the most far-reaching changes to divorce laws in the last five decades.

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.

Here are some key facts about what the new legislation means.

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 of 20 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 weeks apply 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 to fault 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.

Click here for more articles from Jones Myers Solicitors

ABOUT PETER JONES

Peter Jones is one of the country’s leading divorce and family lawyers. A qualified Arbitrator and Mediator, Peter set up Jones Myers as the first niche family law firm in the north of England in 1992 and has acted for a string of high-profile clients.

Renowned for his sympathetic approach, Peter is the current chair of Resolution’s Accreditation Committee, a former national chairman of Resolution and a former Deputy District Judge. www.jonesmyers.co.uk

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Key considerations before filing for divorce
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Key considerations before filing for divorce  

Published on
Family Lawyer
Peter Jones
Founder of
Jones Myers
Family Solicitors

Filing for divorce is one of the most difficult life-changing decisions in a person’s lifetime and one which many spouses are understandably reticent to embark upon.

Various studies over the years have shown that divorce rates peak at key periods such as couples and families returning home from summer holidays which can put a strain on relationships.

However, on reflection, many divorcees wish they had taken more time to think things through before making the break in haste.

Others regret missing tell-tale signs of an impending split such as a spouse’s increased working hours, spending less time together along with reduced conversation and intimacy.

Before taking the plunge, we urge those in this quandary to consider the following:

    • Ask yourself why you want a divorce? Has your relationship irretrievably broken down – and is your decision based on emotion or logic? Most importantly, do you still love your partner? If the answer is yes and you feel your marriage is worth salvaging, consider counselling
    • Think through how terminating your relationship will impact on your children whose interests should always come first. It is well known that divorce can damage children’s long-term well-being
    • Talk to close friends or relatives who will enable you to step back and give you some perspective on the situation
    • Work through how your financial situation would change as fear of starting all over again can leave many people in a state of paralysis. This is particularly applicable to spouses who have not had to deal with financial practicalities such as tax, standing orders and direct debits. Would you have sufficient income, where would you live – and how would that work for your children’s domestic, schooling and holiday arrangements? Gathering the necessary documentation to understand your finances can help both of you to think practically about what might be achievable before appointing a family lawyer.
    • Who would be your support network? Which of your friends and family would help with children’s school runs, sports activities, and holidays?
    • Looking at your work and career, would your employer be supportive if you divorced and required extra time off if the children were unwell or needed taking to appointments etc.? Also, if you are the spouse who is currently not working and are thinking about divorce, it’s worthwhile to consider returning to some kind form of employment for financial independence and to boost your confidence and self-appreciation.

If after considering these points you decide that divorce is the only way forward, ensure you appoint an experienced family lawyer.

We highly recommend they are a member of Resolution – a community of family lawyers and other professionals committed to dealing with relationship breakdown issues in a constructive and non-confrontational manner.

Click here for more articles from Jones Myers Solicitors

ABOUT PETER JONES

Peter Jones is one of the country’s leading divorce and family lawyers. A qualified Arbitrator and Mediator, Peter set up Jones Myers as the first niche family law firm in the north of England in 1992 and has acted for a string of high-profile clients.

Renowned for his sympathetic approach, Peter is the current chair of Resolution’s Accreditation Committee, a former national chairman of Resolution and a former Deputy District Judge.

www.jonesmyers.co.uk

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Why are more couples hiring a ‘Private Judge’ to expedite their divorce? 
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Why are more divorcing couples hiring a ‘Private Judge’?

Published on
Family Lawyer
Peter Jones
Founder of
Jones Myers
Family Solicitors

A private court hearing where separating couples hire a ‘Private Judge’ to accelerate the outcome of their financial settlements is becoming the way forward for more people undergoing divorce.

The process, called Family Law Arbitration, can avoid a prolonged, expensive and a public hearing in court.

I was one of the country’s first ‘Private Judges,’ officially known as Arbitrator, when this option was introduced in 2012 to resolve differences on financial and property matters.

Similar to a judge, the Arbitrator hears the evidence from the parties, collects relevant facts and bases their decision on the evidence, taking into account the views of both parties. They make an Award over who should have what – which is final and binding in both parties.

Family Arbitration is an increasingly preferred option in contrast to Court hearings which can run the risk of a case being adjourned or unfinished due to pressure on court time or a judge becoming unavailable.

There is also the benefit of having the same Arbitrator through the process which will not happen at Court with different Judges being involved in the proceedings.

The process is quicker, confidential, and flexible and there is a substantial cost saving when delays are avoided. Divorcing couples set and agree their own timetable at the outset along with the level of the Arbitrator’s fees which they jointly pay along with any venue hired, and a transcription service if required.

Setting the scope of the dispute can, in many cases, also lead to a cost saving if the parties agree to concentrate on the essential points to be decided.

Similar to the court process Separating couples also incur legal or other costs for engaging lawyers to prepare for and represent them. Each party usually pays their own lawyer’s costs.

The Arbitrator also has discretion to order a party to pay a part or all of the legal or other costs of another party in cases resulting from one party’s conduct during the arbitration.

Backed by the government as a process to resolve disputes, Arbitration can still go ahead if couples are involved in court proceedings. Court rules give judges the power to halt court proceedings to give the parties the opportunity to resolve the dispute through arbitration.

There is little doubt that concluding these matters quickly and efficiently brings certainty to the parties and enables them to concentrate on the future having resolved the past.

Click here for more articles from Jones Myers Solicitors

ABOUT PETER JONES

Peter Jones is one of the country’s leading divorce and family lawyers. A qualified Arbitrator and Mediator, Peter set up Jones Myers as the first niche family law firm in the north of England in 1992 and has acted for a string of high-profile clients.

Renowned for his sympathetic approach, Peter is the current chair of Resolution’s Accreditation Committee, a former national chairman of Resolution and a former Deputy District Judge. www.jonesmyers.co.uk

 

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New day dawns in divorce ending bitter ‘blame game’
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New day dawns in divorce ending bitter ‘blame game’  

Published on
Family Lawyer
Peter Jones
Founder of
Jones Myers
Family Solicitors

The welcome announcement 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.

As a niche family law firm we always stress 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.

ABOUT PETER JONES

Peter Jones is one of the country’s leading divorce and family lawyers. A qualified Arbitrator and Mediator, Peter set up Jones Myers as the first niche family law firm in the north of England in 1992 and has acted for a string of high-profile clients.

Renowned for his sympathetic approach, Peter is the current chair of Resolution’s Accreditation Committee, a former national chairman of Resolution and a former Deputy District Judge. www.jonesmyers.co.uk

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Next steps for couples living together  - What is a cohabitation agreement?
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Next steps for couples living together  – What is a cohabitation agreement?

Published on
Family Lawyer
Peter Jones
Founder of
Jones Myers
Family Solicitors

Taking tentative steps towards freedom following the lockdown’s first anniversary has re-enforced how challenging and stressful the last year has been for everyone.

This includes the thousands of couples who moved in together during lockdown for practical and financial reasons – and to reduce the risk of passing on the virus.

The emotional rollercoaster sparked by the pandemic has taken its toll on even the most robust relationships – not to mention its devastating economical impact.

Spring is symbolically a time of renewal and, as we readjust to our former lives and freedoms over the coming weeks, we recommend couples who are continuing to live together to protect themselves should they break up.

Cohabiting couples are the fast growing family type in Britain – but, unlike married couples, they do not have any legal protection or rights if their relationship goes sour.

These rights right span savings, income, pensions and business interests and property. In 2020 the Mortgage Advice Bureau saw a 60% year-on-year rise in applications from cohabiting couples, indicating the lockdown had accelerated the moving in process for many.

We urge unmarried partners to consider a cohabitation or ‘living together’ agreement which sets out what they want to happen – both while they live together and if their relationship ends.

The agreement clarifies who owns what and in what proportion. It also includes how property will be divided and what will happen with personal belongings, savings, debts, pensions and other assets.

Documenting how children will be supported, it outlines how to deal with bank accounts, debts and joint purchases such as a house or car and can also address pet ‘custody’ issues.

The agreement can be drafted before or during a couple’s time together. It can likewise be altered as long as both parties agree that the original agreement should be changed, and how.

Agreeing the ‘what if’ scenarios should one partner leave, win the lottery or die, this safeguard can potentially save emotional and financial trauma at a later stage.

The arrangement, which is enforceable, can be set up through virtual ‘round-table’ meetings within the collaborative process and can avoid the likelihood of cohabitees, particularly those with children, being left destitute.

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

Click here for more articles by Peter Jones

ABOUT PETER JONES

Peter Jones is one of the country’s leading divorce and family lawyers. A qualified Arbitrator and Mediator, Peter set up Jones Myers as the first niche family law firm in the north of England in 1992 and has acted for a string of high-profile clients.

Renowned for his sympathetic approach, Peter is the current chair of Resolution’s Accreditation Committee, a former national chairman of Resolution and a former Deputy District Judge. www.jonesmyers.co.uk

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can living with a new partner affect your divorce settlement 
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When can living with a new partner affect your divorce settlement?  

Published on
Family Lawyer
Peter Jones
Founder of
Jones Myers
Family Solicitors

The prickly issue of how living with a new partner can affect divorce settlements can vary from case to case and have long-term repercussions on a former spouse.

In divorce proceedings, all ex-spouses are required to be open and transparent about financial disclosures (which include cohabitation) until a financial agreement or order has been agreed by a Court.

This agreement is a contract between the divorcing couple and is invariably made an order of the court. It sets out how any property, finances and spousal maintenance should be shared between them post-divorce.

The Financial Order, also known as a Court Order, sets out the financial arrangements between you and your ex. Approved and issued by a Judge, it makes your terms legally binding.

Here are some examples of how cohabiting with a new partner can impact on financial settlements.

Scenario 1

The ex-husband has been the primary earner throughout the marriage while his former wife stayed at home to look after their children. He meets a new partner who owns her house and earns a good salary.

In this case a Court may consider that the housing arrangements of the husband are resolved and may then give a more favourable view of the wife’s position. It could be her entitlement to remain for a period of time in the property or to receive a more generous share on sale.

The husband will also have less housing costs (as he may be sharing these with his cohabitee) and therefore will have a greater disposable income from which to pay maintenance.     

Scenario 2

A husband and his former wife have undergone divorce and a financial order has been agreed in which she receives maintenance. During the financial settlement process, his ex-spouse fails to disclose that she has been living with a younger man on a low-income.

The Court would need to be satisfied that the wife’s financial situation was much improved by the cohabitee sharing housing costs and she may risk a reduction in maintenance.  If the cohabitee was earning a substantial income, this could also have an impact by a reduction in the maintenance.

Scenario 3

Complexities arise in situations where, for example, a former husband on a good salary has been cohabitating with a new partner who has four children, one of whom is disabled.

There is a conventional view that first families come first.  The husband in this instance was aware of his responsibilities to his first wife and family before he embarked on a second relationship.  However, in this case the Court has a difficult balancing act to satisfy the financial requirements of 2 families.

Key considerations

As an ex-spouse you must give a full and frank disclosure of your financial means to your ex and vice versa right up to the point that the Court Order is approved.

If you start living with a new partner before the financial settlement is agreed or have an intention to do so after the divorce – and have not disclosed the relationship or intention while negotiations are ongoing – your settlement can be changed when it is later discovered.

The outcome could result in a change in the terms of the order and the possibility of paying the court costs.

If you are unsure of your position on cohabitation while divorcing, I urge you to seek advice from an experienced family lawyer.

Click here for more articles by Peter Jones

ABOUT PETER JONES

Peter Jones is one of the country’s leading divorce and family lawyers. A qualified Arbitrator and Mediator, Peter set up Jones Myers as the first niche family law firm in the north of England in 1992 and has acted for a string of high-profile clients.

Renowned for his sympathetic approach, Peter is the current chair of Resolution’s Accreditation Committee, a former national chairman of Resolution and a former Deputy District Judge. www.jonesmyers.co.uk

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is my ex entitled to a share of my pension

We’re divorcing – is my ex entitled to a share of my pension? 

Published on
Family Lawyer
Peter Jones
Founder of
Jones Myers
Family Solicitors

On divorcing the process of financial disclosure – a full statement of your current earnings and assets – aims to protect you both.

It also seeks to ensure that you each receive a fair settlement which may well include a division of the pension benefit fund.

Pensions are often one of the most valuable assets of a marriage and play a vital role in deciding financial claims on divorce.

Pension sharing – which provides a clean break between parties, as the pension assets are split – has been given more prominence in recent years. It recently hit the headlines when a BBC producer lost her court case to reduce her unemployed ex-husband’s 33% share of her £2 million fortune.

In this particular case, The Court of Appeal reaffirmed that pension sharing is appropriate when deciding on the allocation of capital.

Judges took into account the length of the marriage and discounted the former wife’s allegation that her ex-husband had made a ‘significantly negative’ contribution to the family fortune during the marriage.

They also upheld an earlier ruling and said the original £733,650 and pension share he was awarded would meet his ‘needs’.

The criteria in considering a pension share requires the pension fund to be valued and included in the list of the family’s assets.

The receiving party needs to decide if it’s better for them to receive a percentage share or, in some circumstances, seek a greater share of the liquid capital as a “set off” when not pursuing a share of the pension.

Some divorces may entail several pension arrangements so it is important you think about which arrangements should be shared. Expert advice from an Independent Financial Adviser is necessary to ensure the correct pension(s) are shared and to what extent. Advisors will also assist with the valuation and projected future incomes.

The pension share may be internal (when the recipient becomes a member of the scheme) or eternal when the share must be invested in an existing or new arrangement of the receiving party. 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 take into account what other assets are available for distribution.

Agreed financial settlements avoiding Court can also be decided through alternative processes including Mediation where an impartial third party “the mediator” helps you discuss issues confidentially and find workable agreements.

There is also Collaborative Family Law where a “no court” agreement is signed at the beginning of the process so that there is a shared commitment to finding an agreed resolution

Another option is Arbitration where a Family Law Arbitrator such as myself decides the outcome of divorce financial settlements in the role of a ‘judge’

With Mediation, Collaborative Family Law and Arbitration, once there is agreement (or an Award) details are submitted to the court for an order which enables a pension share to be implemented.

Sadly, going to Court is necessary in some cases. Before making any decisions we recommend that you consult an experienced family lawyer who can advise on the most appropriate route for your individual situation.

Click here for more articles by Peter Jones

ABOUT PETER JONES

Peter Jones is one of the country’s leading divorce and family lawyers. A qualified Arbitrator and Mediator, Peter set up Jones Myers as the first niche family law firm in the north of England in 1992 and has acted for a string of high-profile clients.

Renowned for his sympathetic approach, Peter is the current chair of Resolution’s Accreditation Committee, a former national chairman of Resolution and a former Deputy District Judge.   www.jonesmyers.co.uk

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I’m seeking a ‘good’ divorce - is this realistic

I’m seeking a ‘good’ divorce – is this realistic?   

Published on
Family Lawyer
Peter Jones
Founder of
Jones Myers
Family Solicitors

Good Divorce Week spans November 30 – December 4 and champions reducing conflict in relationship breakdowns and the damage – sometimes long lasting – it can cause to children.

As a niche family law firm we promote alternative ways to achieve a ‘good’ divorce which is in the best interests of children, their parents and their wider families.

The following formula promotes a spirit of mutual cooperation and fairness:

Always put your children first

The current unprecedented pandemic has further exacerbated the challenges facing estranged couples and parents beset with fears of job losses, concerns over co-parenting and child arrangements, maintenance and financial issues.

We encourage parents to keep communication channels open and to devise a parenting plan which boosts trust. Avoid arguing or criticising each other in front of your children and reassure them that your separation is not their fault.

Undergo Mediation

This spirit of cooperation extends to undergoing Mediation which can help couples resolve their differences and find solutions to move forward positively.

An impartial third party ‘the mediator’ helps them discuss issues confidentially and find workable agreements. With mediation agreements can be reached a great deal more quickly and cost effectively than by using the court process or in solicitors’ correspondence.

Ongoing communication also limits the emotional damage which follows in the wake of an acrimonious battle. Our specialist lawyers are experienced mediators and can offer online mediation.

Discuss future financial arrangements

The starting point for divorce is sorting out finances and disclosing assets such as your home, pensions, savings and trusts. Making decisions in the midst of life changing events isn’t easy – especially with the upheaval caused by the current pandemic. Our experts will advise and guide you through the process.

Appoint a lawyer who is a Resolution member

Good Divorce Week is organised by Resolution – an organisation of family lawyers and fellow professionals.

Jones Myers – a long standing member of Resolution (I am also a former national chair) – follows Resolution’s code of practice and is committed to dealing with relationship breakdown issues in a constructive and non-confrontational manner.

Enlist emotional support

Managing the emotional fall out of divorce is crucial. Our holistic approach and long-standing partnerships with wide ranging professionals ensure our clients regionally, nationally and internationally have access to counsellors and therapists. We can also assist with access to information on issues such as tax advice.

Reducing trauma, conflict and emotional conflict in the early stages of divorce and separation can pave the way for a more healthy and positive future that will help ensure children’s well being and happiness in the months, years and decades ahead.  

During Good Divorce Week Jones Myers is offering 30 minutes of free legal or professional advice to those who need it.

Click here for more articles by Peter Jones

ABOUT PETER JONES

Peter Jones is one of the country’s leading divorce and family lawyers. A qualified arbitrator and mediator, Peter set up Jones Myers as the first niche family law firm in the north of England in 1992 and has acted for a string of high-profile clients.

Renowned for his sympathetic approach, Peter is the current chair of Resolution’s Accreditation Committee, a former national chairman of Resolution and a former Deputy District Judge. www.jonesmyers.co.uk

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Why no Fault Divorce Will Help Children Caught in the Crossfire

Published on
Family Lawyer
Peter Jones
Founder of
Jones Myers
Family Solicitors

I am hopeful that the introduction of no fault divorce to 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.

Click here for more articles by Peter Jones

ABOUT PETER JONES

Peter Jones is one of the country’s leading divorce and family lawyers. A qualified arbitrator and mediator, Peter set up Jones Myers as the first niche family law firm in the north of England in 1992 and has acted for a string of high-profile clients.

Renowned for his sympathetic approach, Peter is the current chair of Resolution’s Accreditation Committee, a former national chairman of Resolution and a former Deputy District Judge. www.jonesmyers.co.uk

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Why Cohabiting are Advised to Set up ‘Living Together’ Agreements During Lockdown 

Why Cohabiting Couples are Advised to Set up ‘Living Together’ Agreements During Lockdown 

Published on
Family Lawyer
Peter Jones
Founder of
Jones Myers
Family Solicitors

Since the government advised dating couples to go into lockdown together to reduce the risk of passing on the virus, the Institute for Employment Studies estimates employment has plummeted to two million during the first month of the crisis.

The loss of jobs on such a major scale will undoubtedly result in couples, whose relationship withstands the lockdown measures, moving in permanently together for practical and financial reasons to reduce the costs of running two homes.

In these unprecedented times it is more vital than ever that cohabiting couples understand that they do not have the same legal rights as married couples in critical areas such as savings, income, pensions, business interests – and in particular, property.

Despite a long-standing campaign – of which Jones Myers has been at the forefront – to reform cohabitation legislation, the stark reality is that the current law does not offer them any protection should separation become inevitable.

We therefore urge unmarried partners to consider a cohabitation or ‘living together’ agreement which  encourages people to think clearly about what they want to happen, not only while they live together, but also if their relationship ends.

Cohabitation agreements set out who owns what and in what proportion, how property will be divided along with what will happen with personal belongings, savings, debts, pensions and other assets should couples split up.

Documenting how children will be supported, it outlines how to deal with bank accounts, debts and joint purchases such as a house or car. The agreement can also address pet “custody” issues.

A cohabitation agreement can be drafted either prior to – or during a couple’s time together. It can likewise be amended as long as both parties agree that the original agreement should be changed and how.

Although it may not be deemed romantic to agree the ‘what if’ scenarios should one partner leave, win the lottery or die, putting in place this safeguard can potentially save emotional and financial trauma at a later stage.

The arrangement, which is enforceable, can be set up through virtual “round-table” meetings within the collaborative process and can reduce the likelihood of cohabitees being left destitute.

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

Jones Myers has extensive experience in drafting cohabitation agreements and, sadly, in dealing with disputes arising from separations where there has been no such agreement.

Click here for more articles by Peter Jones

About Peter Jones

Peter Jones is one of the country’s leading divorce and family lawyers. A qualified arbitrator and mediator, Peter set up Jones Myers as the first niche family law firm in the north of England in 1992 and has acted for a string of high-profile clients.

Renowned for his sympathetic approach, he is a former national chairman of Resolution, a former Deputy District Judge – and instigated the D5 Group of law firms that promotes excellence in family law. www.jonesmyers.co.uk

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Is it True that Mediation can Avoid a Costly Court Divorce
Is it True that Mediation can Avoid a Costly Court Divorce?

Is it True that Mediation can Avoid a Costly Court Divorce?

Published on
Family Lawyer
Peter Jones
Founder of
Jones Myers
Family Solicitors

Jones Myers is a champion of the campaign which is spearheaded by the Family Mediators Association (FMA). Here are some of the most common questions our clients ask us about the process.

What is mediation?

Mediation is a means of resolving divorce disputes constructively, wherever possible, and avoiding costly, public and stressful litigation in court.

The private and confidential process involves an independent third party, a mediator, who helps you and your ex to reach an agreement. Both of you sign an ‘Agreement to Mediate’ to enable negotiation to continue on a ‘without prejudice’ basis.

What does a mediator do?

The mediator facilitates a series of voluntary discussions – assisting and guiding you both to explore and discuss issues and helping to move dialogue forward. A successful outcome results in an agreement which is formalised into a binding court order without you having to go to court.

Can I keep my own solicitor?

Yes, mediation enables you both to retain your own solicitor who you can consult outside of the meetings.

What happens if the mediation talks are deadlocked?

Because mediation is a voluntary process, talks can be concluded at any time if headway is not made.

Can mediation save on legal expenses?

Mediation can result in a swifter resolution, reducing legal expenses which mount up in prolonged divorce cases between warring couples.

I’ve heard its compulsory – is this right?

Mediation is a voluntary process and is not compulsory. You may have read about a Mediation Information and Assessment Meeting (MIAM) meeting, usually relating to cases involving finances or children, which couples are expected to attend before court proceedings are issued. These meetings are designed to inform both parties about alternative resolution schemes and to establish if the circumstances are suitable for mediation.

When is mediation not relevant?

We recognise that mediation won’t work for all cases including those relating to domestic violence or child abuse where one or other party may take the view that a mediation meeting is not appropriate.

It is vital that all couples find the right way to divorce for their own individual circumstances. Jones Myers can refer you to a mediator and can offer you support and legal advice to help you prepare for, and achieve, the desired outcome from the mediation.

About Peter Jones

Peter Jones is one of the country’s leading divorce and family lawyers. A qualified arbitrator and mediator, Peter set up Jones Myers as the first niche family law firm in the north of England in 1992 and has acted for a string of high-profile clients.

Renowned for his sympathetic approach, he is a former national chairman of Resolution, a former Deputy District Judge – and instigated the D5 Group of law firms that promotes excellence in family law. www.jonesmyers.co.uk

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how grandparents can avoid being marginalised in 2020

How Grandparents can Avoid Being Marginalised in 2020  

Published on
Family Lawyer
Peter Jones
Founder of
Jones Myers
Family Solicitors

New Year can be an emotional rollercoaster for parents who have undergone divorce or separation.

It can also be a time of immense sorrow and anguish for grandparents who are being prevented from seeing their beloved grandchildren.

Grandparents can be instrumental in sustaining their grandchildren’s critical routines both during and after divorce – as well as supporting their son or daughter practically and emotionally.

Unfortunately, reasons including fractious and difficult relationships between their children and in laws/former partners can result in grandparents and other relatives being marginalised.

If you are in this position, here are some steps to consider. We strongly advise only using the court route as a last resort.

  • Negotiate some quality time with your grandchildren. You can for example, offer to mind them at specific times – giving separated parents, who can be particularly stretched, some down time. This negotiation approach can be conducted via a phone call, email, letter or, if communication is difficult, through a solicitor.
  • Mediation – a way of resolving disputes constructively, wherever possible, and avoiding costly, public and stressful court litigation. This private and confidential process involves an independent third party, a mediator, who helps you and the parties involved to reach an agreement over time spent with your grandchildren which is formalised into a binding court order without you having to go to court.
  • Apply for “leave” or permission from the Family Court to see your grandchildren. Once permission has been secured and your application submitted, the court considers wide-ranging factors such as existing relationships with the children, any risks of disruption or harm to them and the wishes – and the feelings of the child’s parents. It also takes into account if the child is being looked after by a local authority and the authority’s plans for their future.

In our experience, it can be difficult for grandparents to obtain leave unless the child or children involved had lived with their grandparents who were their primary carers.

While the number of successful leave applications is increasing, parents often reject or challenge applications made by grandparents. They claim the litigation would cause them stress, or that the grandparents applying do not have a relationship over and above the “normal” grandparents’ role, and therefore can successfully resist being considered under the current law.

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About Peter Jones

Peter Jones is one of the country’s leading divorce and family lawyers. A qualified arbitrator and mediator, Peter set up Jones Myers as the first niche family law firm in the north of England in 1992 and has acted for a string of high-profile clients.

Renowned for his sympathetic approach, he is a former national chairman of Resolution, a former Deputy District Judge – and instigated the D5 Group of law firms that promotes excellence in family law. www.jonesmyers.co.uk

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