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Estranged Parents can Help Children Adjust

New Term, New Challenges: How Estranged Parents can Help Children Adjust

Published on
Kate Banerjee Jones Myers
Kate Banerjee
Partner and Head of the Children Department
Jones Myers Family Law Solicitors

This is undoubtedly a formative period in the development of children and young people returning to the classroom for the first time in over five months.

However the school environment and routine that was reassuring and familiar to them earlier this year has changed dramatically as a result of the Covid-19 pandemic.

New measures implemented to help safeguard their well being include one way systems, different playground rules and staggering starting and finishing times.

Secondary pupils in local lockdown areas will also have to wear face coverings in school corridors. 

While looking forward to being reunited with their friends, children will understandably feel anxious about the new rules, particularly those who are old enough to have seen and read about the mixed reactions to schools reopening.

It is therefore vital that their parents – particularly those who are divorced or separated – do their utmost to help ensure a smooth transition.

This can be achieved by working together in a spirit of mutual cooperation to communicate even more closely with their sons and daughters and find out how they think and feel about the myriad of changes they face.

Talking to them and reassuring them why the measures are needed will help to ease apprehensions and anxieties they may be experiencing.

Making sure children stick to a routine outside of school with set times for eating, bedtime and pastimes has also taking on an unprecedented importance.

Creating a stable environment where the best interests of children and young people are the overriding priority requires establishing and sustaining a workable solution.

Above all in these turbulent times estranged parents can remind their children that they both love them very much and are here for them in the days, months and years ahead.

Click here for more articles from Jones Myers Solicitors

About Kate Banerjee

Kate heads Jones Myers renowned Children’s Department. She is highly experienced in cases relating to children including contact and residence disputes. She specialises in child protection law and is a Member of the Child Care Panel representing parents, guardians, Local Authorities and children.

Kate has extensive expertise in international child abduction cases and is a Member of the International Child Abduction and Custody Unit. She also has “Higher Court Rights”.

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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Formative Development: Cohabitees Eligible for Bereavement Damages 

Formative Development: Cohabitees Eligible for Bereavement Damages 

Published on
Debra Jackson
Debra Jackson
Solicitor and Specialist
in Cohabitation Cases 
Jones Myers Family Law

Partners who have lived together for at least two years will be eligible to claim bereavement damages following a recent government announcement.

This welcome step forward follows a Court of Appeal decision in 2017 that the current law – which does not entitle an unmarried partner or cohabitee to make a claim – was incompatible with the European Convention on Human Rights.

Currently set at £12,980, the statutory damages award is paid in certain circumstances following a death caused by someone else’s wrongful act or omission.

Jones Myers has been at the forefront of a campaign led by Resolution (the association of family lawyers), to encourage the government to extend the rights enjoyed by married couples – or those in a civil partnership – to those who choose to live together.

While this new development recognises that society has changed dramatically since previous legislation from the 1970s, it is key to remember that nothing has yet changed to protect those couples should they choose to separate.

Jones Myers continues to emphasise the importance of Living Together Agreements – known as cohabitation agreements – for those planning to move in together.

If you are already cohabiting, you can still draw up an agreement, recording how you would wish your finances to be dealt with should you separate. It is also important to prepare Wills providing for one another, so your estate is dealt with as you would wish.

Although you may be in a deeply committed relationship, and intend to spend your lives together, if you do split up from your partner, you should consult a qualified lawyer to ensure you understand your rights and entitlements.

Unlike married couples or those in civil partnerships whose relationships break down, your  entitlements will not necessarily enable you to share your partner’s pension, savings, or property.

Jones Myers will continue to campaign for a change in the law to fully protect the 3.4 million or so people living with their long term partners.

In the meantime, please do get in touch if you are living with a partner or planning to do so, or you feel that your relationship has run its course, and we would be happy to advise and assist you.

Click here for more articles by Jones Myers

About Debra Jackson

Debra is a highly experienced divorce and family law solicitor whose strong track record spans 11 years covering all areas of family law and relationship breakdown.

Her particular expertise spans cohabitation cases and complex financial cases including inheritances and trusts. She is also experienced in Pre-ups, Post-nups and Civil Partnerships.

Debra is a Resolution Accredited Specialist in Complex Financial Provision 1 and a Resolution Accredited Specialist in Cohabitation and TOLATA.

Clients commend Debra for her honesty and straightforward approach and applaud her empathy and understanding. www.jonesmyers.co.uk

 

Photo by Gift Habeshaw on Unsplash

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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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Main Photo by CDC on Unsplash

Your Questions Answered on Child Maintenance Payments and Finances in Coronavirus Crisis

Published on
Norman Taylor
Collaborative Family Law Expert
Jones Myers

The coronavirus pandemic looks set to have a major impact on family finances in the long and short term with predictions that up to one million people could lose their jobs.

Mounting concerns of divorced and estranged parents include sustaining child maintenance payments if their income ceases along with making decisions over court proceedings.

Here are responses to some key questions.

How do I continue making maintenance payments during the crisis if my income dries up?

  • Communicate with your ex-partner – try to provide them with as much verified information explaining why the payments can no longer be met with the aim of reaching an agreement
  • Any such agreement should be confirmed in writing and ideally would be entered into with each party having taken legal advice
  • It may be that a lower figure can be agreed in the short term on the basis that any “arrears” are paid later – but it will very much depend upon the facts of each individual case
  • If the above fails and maintenance is being paid under a court order and you cannot continue to pay, you may have to make an application to the court to vary or suspend the order
  • This is not a simple process but failure to do so might result in arrears building up that could be enforced at some future date
  • We strongly advise against ignoring the situation. Gather your information, communicate and take legal advice

I am in court proceedings relating to financial matters. Should I consider adjourning and/or turning to other out of court processes? 

  • It’s important to remember that the courts are already under great pressure which has been exacerbated by the ongoing situation
  • This could be an appropriate time to arrange a process that brings your ex and both your lawyers round the “virtual” table to start a dialogue and mediation
  • Courts are very supportive of parties who wish to use non-court methods to resolve issues – your family lawyer will be able to advise on the various options and their pros and cons. They include Arbitration which will enable easier access to a “private Judge” to assist on any disagreement. In addition, when normality returns there will be a considerable backlog for the courts to resolve and access to arbitration will enable a resolution to be reached much quicker.

 Should court cases be adjourned until the crisis is over? 

  • If it is clear that the financial information that everyone has worked on will become – or already has become – obsolete. Consider adjourning any hearing until the position is clear. There is no point reaching agreement, or having a determination by a Judge, based upon inaccurate information. In Arbitration the private judge can adjourn the determination for a limited time to enable the situation to be reviewed.

What is the impact of the pandemic on all the financial information gathered to date such as business valuations, investments, incomes etc?

  • This will be different in every case. However, it is likely that any previous business valuation will now be potentially unreliable as the company may have been detrimentally affected by the economic fallout
  • As above, it is dangerous for decisions to be made based upon inaccurate information

The importance of parties remaining calm and sensible – and setting their differences aside to work together though this unprecedented period – cannot be understated.

Click here for more articles by Jones Myers Solicitors

About Norman Taylor

With four decades of experience relating to financial issues arising from family and relationship breakdown, Norman has extensive experience in medium to high value cases.

Norman is respected nationally and locally as an enthusiastic advocate of non-confrontational, solution-based resolution of family issues.

He has been recognised for his work in promoting, developing and championing collaborative law in Yorkshire.

www.jonesmyers.co.uk

 

Featured Main Photo by CDC on Unsplash

 

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Separated Parents Urged to Put Children’s Interests First as Schools Shut Down

Published on
Kate Banerjee Jones Myers
Kate Banerjee
Partner and Head of the Children Department
Jones Myers Family Law Solicitors

With schools now closed across the whole of the UK, Jones Myers niche family law firm is calling on divorced and separated parents to work together for the best interests of their children in these extraordinary times.

We understand and empathise with the practical and emotional challenges facing everyone as the coronavirus crisis continues and advice about social isolation measures is stepped up.

It is especially important for divorced and separated parents to collaborate for the best interests of their children who will also understandably feel nervous and apprehensive.

The severe situation may present particular challenges with children’s routines due to school closures, the nature of their parents’ work – or if a parent or child have been diagnosed with the virus and need to self-isolate.

Parents are also aware that grandparents, who have historically played a major role in childcare, are in the virus’s highest risk category.

We’ re receiving calls from concerned parents about their children’s welfare and advising they keep updated with the developments from official authorities such as schools and health care professionals.

We also offer the following practical advice to estranged parents:

 

    • Stay calm and collected, put aside your differences and agree a plan of action which ensures your children’s health, wellbeing and interests come first

 

    • Be flexible and open minded about changes in parenting time and work together to find a workable solution

 

    • In particular, agree a plan of action if one of you or the children are required to self-isolate. This includes keeping in touch by FaceTime, texts or post cards

 

    • In the above cases, agree on what you will tell your children and explain and keep them up to date on how the other parent is affected.

 

    • Continue to tell your children that you both love them very much and keep explaining why their routine may have to change

 

    • Listen to them and try to avoid passing your anxieties onto them – children are highly sensitive and will become more unsettled if they pick up their parents’ concerns.

Click here for more articles from Jones Myers Solicitors

Working together in a mutual spirit of cooperation and collaboration is crucial to ensure the needs and sensitivities of children remain a priority throughout – and beyond – these extraordinary circumstances.

About Kate Banerjee

Kate is highly experienced in cases relating to children including contact and residence disputes. She specialises in child protection law and is a Member of the Child Care Panel representing parents, guardians, Local Authorities and children.

Kate has extensive expertise in international child abduction cases and is a Member of the International Child Abduction and Custody Unit. She also has “Higher Court Rights”. 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.

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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How Does Mediation Work

Ant Wants Mediation, Lisa Wants her Day in Court – How Does Mediation Work?

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

The high-profile divorce between Ant McPartlin and his estranged wife, Lisa Armstrong, rumbles on with Ant keen to hold further mediation talks but Lisa appearing to be bent on having her day in court.

While Ant is looking to avoid a very public and fractious court divorce, Lisa is reported to prefer this route because half of the TV presenter’s £62 million fortune is ‘not enough’ for her.

Although now looking highly unlikely, a fresh round of mediation talks on how the £62 million is divided would take place between the former spouses and a mediator behind closed doors.

As this high-profile divorce rumbles on, here are some key questions about mediation:

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?

In cases relating to domestic violence or child abuse one or other party may take the view that a mediation meeting is not appropriate.

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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How to Decide if Arbitration is the Right Route in your Divorce

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

An increasing number of couples looking to avoid a lengthy, expensive and public divorce in court are turning to arbitration where an Arbitrator, also referred to as a private judge, decides the outcome of divorce settlements.

Jones Myers founder, Peter Jones, was one of the country’s first arbitrators when this option was introduced in 2012 to resolve differences on financial and property matters. In 2016 the scheme was extended to include disputes relating to children.

Based on our extensive experience, here are some key questions to help decide if arbitration is right for you.

What is arbitration?

Arbitration is in practical terms a private court designed to resolve the financial issues between the parties. You and your ex appoint an Arbitrator of your choice – based on their matrimonial knowledge and experience.

Arbitration preserves your privacy in contrast to going to court when your future is determined by a judge, who is unknown to you.

Another element in the court process which can cause considerable concern is the fact that it enables the media to attend and report on your case.

What does the Arbitrator do?

Arbitrators are independent and impartial third parties who have read all the information and fully understand the issues.

After listening to all the evidence and the representations made on your behalf, the Arbitrator will then make an award – which is similar to the court order but more comprehensive – and which is final.

The “hearing” will be at a venue agreed between you, often an office with sufficient conference facilities. At this session the Arbitrator listens to the relevant facts and evidence and, after considering your individual views, makes a binding ruling, known as an award.

Can I appeal against the award?

You can only appeal against the award in the most exceptional circumstances – i.e. if the Arbitrator misunderstood the law. No appeal is permitted on the basis that you did not like the result.

How long do arbitration cases take to resolve?

Going through arbitration is considerably faster than going to court and offers you and your ex a more flexible and convenient timetable. This speedier process also assists in reducing the level of stress and the financial costs.

What qualifications does an arbitrator have?

Family Law Arbitrators have been trained and qualified pursuant to the standards of the Institute of Family Law Arbitrators of which they are members.

They are invariably experienced family lawyers who are former judges or family law barristers or solicitors.

Click here for more articles by Peter Jones

About Peter Jones

Peter Jones, one of the country’s leading divorce and family lawyers, 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.

He is qualified to arbitrate on cases including financial and property disputes, the break-up of civil partnerships or disputes between cohabitating couples whose relationships have ended.

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

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Collaboration and Co-operation when Divorce
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The Benefits of Collaboration and Co-operation when Divorce is Inevitable   

Published on
Norman Taylor
Collaborative Family Law Specialist at
Jones Myers

With legal costs reportedly rocketing to £1.5million in Lisa Armstrong and Ant McPartlin’s bitter divorce, it appears the couple will finally meet with their respective lawyers to try to divide their assets.

This very public, acrimonious and high-profile case – which will undoubtedly have taken its toll on the couple and those closest to them – could have taken a more private and dignified route.

In our extensive experience, most couples terminating their marriage prefer to avoid a costly and stressful courtroom battle over dividing their assets.

They also want to ensure their children’s best interests by planning and sharing their future development and well-being.

Collaborative Family Law Week, which runs across September 30 – October 4, is a timely reminder of how the collaborative process puts you in control, enabling you and your ex to work together with your respective lawyers to achieve the right agreement for the whole family.

You and your former partner/spouse each instruct a collaboratively trained lawyer and agree in writing to work together to resolve issues surrounding your separation.

A series of four way meetings with you and your lawyers progress at the pace you jointly set, discussing the needs and interests of everyone directly involved for the best outcome.

To find out if collaboration is the best way forward for you, answer the questions below:

  1. Do you want a divorce process which is fair for you, your ex and your children?
  2. Is it important that this option enables you and your ex to remain on good terms and communicate regularly?
  3. Do you want a process that factors in the ‘human element’ in face-to-face discussions that is often missed or misinterpreted in written communications?
  4. Is it important that you can address issues with dignity and in a safe and secure environment?
  5. Are you seeking a path that helps you all as a family to accept the past and be positive about the future?
  6. Do you want to remain in control of your individual destinies, making choices you both want rather than having decisions imposed by third parties who do not know you?

If you embark on this process we recommend appointing a specialist collaboratively trained lawyer who are members of Resolution, a national organisation of family lawyers committed to non-confrontational divorce and separation.

Click here for more articles by Jones Myers Solicitors

‎About Norman Taylor

Recognised for his work in promoting, developing and championing collaborative law, Norman has over four decades of experience relating to financial issues arising from family and relationship breakdown.

Respected as an enthusiastic advocate of non-confrontational, solution-based resolution of family issues, Norman has extensive experience in medium to high value cases.

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mention of a pre-nup agreement
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Does the Mention of a Pre-nup Agreement Leave a Bad Taste?

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

The case of reality star Gemma Collins vowing to end the relationship with her boyfriend James ‘Arg’ Argent if he refuses to sign a pre-nup highlights how such contracts can be hard to digest.

Ms Collins’ announcement, which cited the non-disclosure agreement celebrity chef Paul Hollywood presented to his girlfriend Summer Monteys-Fullham and prompted their split, reinforces how such contracts demonstrate the ‘test’ of a relationship.

It is important to highlight that pre-nup agreements can be tailored to a couple’s present and future circumstances – for example by including an increase in provision which is dependent upon the amount of time they spent together.

An understanding of this element of flexibility and variation by both the proposer and recipient of the contract may go a long way to make it more digestible.

Prenups are sought for many reasons. Some couples embarking on their second marriage want to ensure that certain assets are preserved for their children from previous relationships. Others are keen to protect wealth which may have been in their family for generations.

In our experience, the majority of cases pre-nups are widely accepted as the sensible way for couples to avoid the potential distress, acrimony and expense associated with resolving financial matters, should they break up.

If embarking on a pre-nup, it is vital to finalise it in good time. Situations where the contracts can run into problems include when judges think they have been signed in haste and under pressure.

A judge will want to know that the financially weaker partner 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 sound legal advice.

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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