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Social Media and Divorce - What the Jeff Bezos Case Reveals

Social Media and Divorce – What the Jeff Bezos Case Reveals

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

The first ever case in which social media was successfully used to announce a high-profile divorce is not an option we’d recommend couples undergoing divorce or separation to rush into.

While Amazon founder Jezz Bezos did not emerge entirely unscathed – he timed and steered the story on twitter with cooperation from his soon to be ex-wife Lauren.

The downside is that playing out this very public and high-profile dissolution of their 25 year marriage on the worldwide web will undoubtedly have impacted deeply on their four children – and could affect them for years to come.

In our extensive experience Jones Myers has witnessed at first hand the dangers of using social media and mobile appliances during divorce.

Worst case scenarios have entailed parents damaging their contact arrangements with their children for reasons which include posting damaging and detrimental comments on Facebook about their ex.

Also, the rising number of  ‘evidence seekers’ – which locate and use as evidence photographs of their ex at parties and their wining, dining and exotic travels across social media sites – has likewise increased the risk of being spotted at the wrong time – and in the wrong place.

Such indiscretions demand answers to difficult questions – in the same way as when texts are inadvertently sent to the wrong recipient.

When it comes to telling your nearest and dearest that your separation is imminent – is social media really the best platform?

While the younger generation may embrace the concept, keeping it simple and coordinated is key – as long as your breakdown is amicable. For couples embroiled in ongoing disputes, social media risks encouraging a ‘tit for tat’ exchange which escalates and attracts the wrong kind of followers.

It is vital that couples who are considering broadcasting the demise of their relationship online are knowledgeable and experienced in using the sites to prevent their plan backfiring.

Always remember that with social media ‘delete’ does not mean disappear – there is always a permanent record of your postings which can be used as evidence in divorce cases.

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

Feature Image by William Iven from Pixabay

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no fault divorce and children of divorce
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Why no Fault Divorce will be Less Damaging for Children

Published on
Peter Jones
Founder of
Jones Myers
Family Solicitors

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

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

Over the years we have witnessed how this friction impacts negatively on children who, trapped in the crossfire, often retreat into an artificial world to escape the stresses and strains.

The long-term repercussions to children of all ages include poor education, health problems such as depression and concentration issues – all of which can result in long and short term damage and affect their future prospects.

Behavioural issues are also common as children can become attention-seeking and demanding.

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

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

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

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

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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Civil Partnerships for Heterosexual Couples Moves Step Closer - How Would it Differ from Marriage?

Civil Partnerships for Heterosexual Couples Moves Step Closer – How Would it Differ from Marriage?

Published on
Peter Jones
Founder of
Jones Myers
Family Solicitors

A bill, which if passed, would enable opposite sex couples to enter a civil partnership, will proceed to the House of Lords after passing its second reading.

Since 2004 only same-sex couples in the United Kingdom could be in a civil partnership which gives them the same rights, responsibilities and entitlements as married couples in key areas.

The milestone move to extend civil partnerships to heterosexual couples has been championed after the Supreme Court ruled that current laws are discriminatory to restrict civil partnerships to gay couples and incompatible with the European Convention on Human Rights.

The case centred on 37-year-old Rebecca Steinfeld and 41-year-old Charles Keidan who met in 2010, became engaged in 2013 and have two children.

Saying the “legacy of marriage”, which they believed treated women as property for centuries, was not for them, the duo became embroiled in a long legal battle for a civil partnership which they felt would best suit their relationship and life circumstances.

Civil partnerships are widely believed to give unmarried couples and their children greater security. Couples in these partnerships and married couples have the same rights regarding their children and applying for child arrangement orders and relating to financial remedies which include maintenance and property rights.

The similarities extend to protection from domestic abuse, inheritance claims and the process which must be followed to dissolve the relationship – with a decree absolute required to terminate a marriage and what is called a final dissolution order or nullity order needed to terminate a civil partnership.

However, whereas in a marriage adultery is one of the five reasons for divorce, civil partnerships cannot be dissolved due to adultery. The second main difference between civil partnerships and marriages is that civil partners cannot regard, or allude to themselves as being ‘married’.

The bill paving the way forward for heterosexual couples to enter into civil partnerships requires Royal Assent to become law.

With over 3.3 million cohabiting couples in Britain, many of whom have children, the outcome for those seeking an alternative way to cement their relationship and commitment will no doubt be eagerly awaited.

However, no matter what drawbacks there may be, a civil partnership offers a good deal of security and is better than the “no man’s or no woman’s land of cohabitation when there may be no rights at all.

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

Civil Partnerships Bill proceeds to committee in House of Lords

Amendments to be laid before the House in committee

Featured Photo by Gavin Penor on Unsplash

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Taking the Children out of the Country without Consent

Parenting after Divorce – Can I Stop my ex from Taking the Children out of the Country without my Consent? 

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

In our extensive experience, divorced or separated parents become anxious for many reasons when one of them wants to take their children abroad.

There are only two circumstances in which your spouse can take them out of the country for up to 28 days without your permission – if they have a Child Arrangements order (formally called a Residence Order) that a child “lives with” them, or if they secure a Court Order giving consent – a Specific Issue Order.

The latter is applied for if your spouse does not have a Child Arrangements Order and thinks you are unreasonable in refusing permission. In these circumstances, the Court is asked to resolve a matter by considering the facts of each case, and determining whether the child should be allowed to travel.

For an application to be successful the applicant should provide details of the proposed holiday – where they will be staying, with whom, for how long etc. The parent remaining at home may also need assurances that their spouse will return the child’s passport after the holiday and call them regularly while they are away.

Examples of when the court may not approve a holiday would be if they are travelling to a dangerous part of the world, or if the child may be at risk due to medical reasons. Generally, the Courts take the view that a holiday is in the child’s best interests unless there is good reason otherwise.

The Court will make its decision based on what is in the child’s best interests. In the majority of cases an order will be granted if the child is keen to go on the break and will benefit from it – and providing your ex promises to bring them back when the holiday is over.

Courts are more wary if your spouse plans to take your child to countries that are not a signatory of the Hague Convention on International child abduction. They include Afghanistan, Egypt, Iraq, Saudi Arabia, Zimbabwe, India and Iran.

If you have major concerns, you can also apply to the Court for a Prohibited Steps Order which prevents either of you taking the children outside the country without the permission of the other parent.

Parents who object to their children going abroad are often pressurised by their ex to give their approval. If you find yourself in this positon then you should seek legal advice on the legality of the travel. A practical tip would be to keep hold of your child’s passport until you have the details of the holiday and are satisfied that it is safe to travel.

In most cases the planned trip abroad genuinely is just that. However if you are worried that the holiday may be part of a plan for abducting your child, by which we mean permanently removing your child from the jurisdiction, we recommend you look out for the following signs:

  • Selling a house
  • An interest in obtaining a copy of your child’s birth certificate
  • Making moves to obtain your child’s passport
  • Leaving a job

If you think that there is a chance your child may be abducted abroad, then you should also consider the following preventative steps:

  • Ensure contact is supervised. In extreme cases, you may seek to stop contact altogether
  • Keep passports safe and consider depositing them with a solicitor
  • Ask the Passport Agency to block your ex from applying for a new passport
  • Notify your child’s school about who is allowed to collect them

The severe psychological impact on children who have been abducted can be devastating and long lasting. If in doubt, seek legal advice immediately.  

Click here for more articles by Kate Banerjee

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

Jones Myers

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Tini Owens Have to Remain Unhappily Married

Why Does Tini Owens Have to Remain Unhappily Married?

Published on
Peter Jones
Founder of
Jones Myers
Family Solicitors

The high-profile case of Tini Owens revealed that being unhappily married does not justify being granted a divorce.

The Supreme Court ruling that Mrs Owens must stay in a “loveless” marriage to her husband is the culmination of an expensive and protracted legal battle with wider repercussions.

The validity of the original evidence that 68-year-old Mrs Owens gave to illustrate the “unreasonable behavior” of 78-year-old Hugh Owens lies at the heart of this landmark case.

Mrs Owens filed for divorce in 2015 before moving out of their marital home and the case escalated when Mr Owens refused to agree to a divorce.

In 2016 a Family Court judge rejected Mrs Owens 27 allegations of her husband’s unreasonable behaviour as “flimsy” and “exaggerated”.

Last year, three Appeal Court judges said that whilst the marriage had irretrievably broken down, they rejected her appeal as she had failed to establish that the effect on her of the behaviour made it unreasonable for her to remain in the matrimonial home.

The five Supreme Court justices who ruled against Mrs Owens “with reluctance” were obliged to base their decision on the original evidence she gave to the Family Court and, of course, the interpretation of the law.

With 60 per cent of all divorces granted on grounds of adultery or unreasonable behaviour, this case has reinforced the importance of submitting evidence that can be proven wherever possible.

Lord Wilson, one of the five Supreme Court justices said the “question for Parliament” was whether the law governing “entitlement to divorce” remained “satisfactory”.

As expected, the recent outcome has intensified the campaign by Resolution – a national family law group which promotes non-confrontational solutions in family law – for the government to introduce ‘no fault’ divorce.

Widely criticised as ‘archaic’, the existing 1973 Divorce Act stipulates that to enable a divorce to be sought straight away there has to be allegations of adultery or behaviour. In this case had Mr Owens not defended the case then in all probability an undefended ruling would have been granted.

However, his defence demanded that the proof of the allegations was necessary.

The introduction of no fault divorces – a legal separation granted by the courts without one person saying anything bad about the other – would make it easier for spouses to make their separation more harmonious, avoiding antagonism and high-profile court battles.

It would also avoid acrimony in regard to arrangements for the children and also finance.

Stepping up its call for reform, Resolution says the Supreme Court’s decision confirms that the “divorce crisis” in England and Wales required urgent Government action. As a specialist family law firm, Jones Myers has been at the forefront of Resolution’s no fault divorce campaign.

In the meantime, Mrs Owens must wait until February 2020 to petition for a divorce – by which time she and her husband will have lived apart for five years.

This is usually a sufficient period to be granted a divorce, without a spouse’s agreement – unless they can show extreme financial hardship, which is rare.

Click here for more articles from Jones Myers Family 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, 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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Children and Divorce: How would ‘no fault’ Divorce Impact them?  

Published on
Peter Jones
Founder of
Jones Myers
Family Solicitors

The myriad of media comments, articles and speculation on whether ‘no fault’ divorces will come to fruition fail to mention how one vital element – how such a long-awaited change would impact on children.

Under current laws, unless couples have been living apart for a period of time one of them must apportion some form of blame – adultery or unreasonable behaviour – which can in itself create conflict and makes reaching a mutually acceptable agreement much more difficult.

A long-standing campaign to change the current law has recently been further catapulted into the media spotlight by Tini Owens Supreme Court appeal to free her from a marriage she describes as ‘loveless and desperately unhappy’.

In our extensive experience, the present fault based divorce can result in acrimonious break ups, with antagonism very often continuing after the parties have separated and where one parent is living with a new partner.

Such friction undoubtedly impacts negatively on the children involved. Being trapped in the middle of this crossfire exacerbates what is already a stressful situation, often forcing them to develop a survival instinct and retreat into an artificial world.

We have witnessed how this sad scenario, resulting from deceit and appalling conduct, plays out irrespective of how old the children or youngsters are.

The effects of the above can be wide-ranging and long-lasting. Sons and daughters who are the only children in a separation often seek escapism in the worst kind of so-called ‘friends’ who lead them down a road which spells trouble.

Repercussions, both for single children and those with siblings, include poor education, health problems including depression and concentration issues which can result in long and short term damage and be highly detrimental to their future prospects.

Behavioural issues are also common. Many children become attention-seeking and demanding, forcing an older, or the eldest child, to take on the role of an adult and care for their siblings while their estranged parents continue to argue.

No fault divorce would make it easier for estranged couples to make their separation more harmonious – which can only be positive for the children whose interests should always be put first.

Perhaps now is the time for the law to reflect society and to acknowledge blame and resentment are negative attitudes which serve only to damage the relationship between the couple – and adversely cascade onto the children.

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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Sharing the Caring: Getting the Best Result for the Child when Parents Separate

Published on
Jane Bolton
Solicitor at Jones Myers Family Law Specialist

When relationships break down, sharing the care of children can be complex and fraught with emotions.

In the first instance both parents should be encouraged to discuss how best arrangements can be reached to enable the children to benefit from the love and affection of their mum and dad.

Unfortunately direct discussions and agreement between separating parents can be hard to achieve and often this results in there being problems or arguments about things such as travel arrangements, handovers, holidays, and whether the children should stay overnight.

It is at times like this that the support and help of experienced family lawyers can be valuable. Seeing the “other side of the coin”, and learning what is “normal” or seen as reasonable by the Court and other child care professionals in these circumstances can be invaluable and can help with discussions.

Family lawyers can assist in gaining an understanding of what is in the best interests of the children and how other families have overcome and resolved these difficulties with success.

Many difficult situations can be helped by mediation, or through discussions with solicitors, or through solicitor’s correspondence.

Mediation are meetings when an experienced person discusses with both parents the ideas they may have for care of the children and assists them by looking at practicalities and how the arrangements will impact on the children. These open discussions can help both parents to have the opportunity to hear, and listen to what the other parent thinks and likewise are given the opportunity to express how they feel about the proposed arrangements.

Where both parents can talk and reach agreement about children’s arrangements, it usually allows them to have quality time with their children. Doing so helps them both to benefit from resolving a difficult situation with minimal conflict – and ensures the welfare of the children remains a priority.

Unfortunately there are occasions when agreement cannot be reached and one of the parents will issue proceedings to court for a Judge to decide. In these circumstances the application is usually for a Child Arrangements Order, previously known as “Residence” and/or “Contact” orders.

Child Arrangements Orders are final decisions, made by the court or by agreement, which outline what arrangements should take place for a child, ideally for the remaining duration of their childhood. They confirm who a child should live with and the time they should spend with the non-resident parent.

The orders are designed to find a balance between the resident parent who the child lives with and the non-resident parent where they spend time, or if circumstances dictate, can reflect a shared care arrangement.

It is important to remember that a court will always consider what is in the best interests of the child, and the welfare of the child as their primary consideration. In doing so they will take into account factors such as: 

  • The wishes and feelings of the child concerned
  • The child’s age, sex and background
  • The parents’ circumstances and how that affects the day-to-day looking after the children.

Each order will clearly set out the times the child should spend with each parent during the year, including term time, school holidays and significant dates such as birthdays.

It will often also consider other aspects like handover arrangements, transport costs, and who is responsible for transporting the child, or who should or should not be present at a hand over.

In the event of an acrimonious separation, many of these issues can become contentious and disputed and it is advisable to enlist the support of experienced family law specialists who will try and make the difficult process as smooth and as stress-free as possible.

About Jane Bolton

Jane is a specialist in child care law and children’s matters and represents parents, grandparents, children and local authorities in proceedings. A Law Society Children Panel member, her expertise includes child arrangements disputes, care proceedings and relocation. www.jonesmyers.co.uk

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Ignoring a financial consent order

My Ex is Ignoring a Financial Consent Order – What Can I Do?

Published on
Peter Jones
Founder of
Jones Myers
Family Solicitors

If your ex is ignoring a Consent Court Order, certain parts of it might be enforceable immediately.

They also risk being in contempt of court and possible severe penalties such as a fine, imprisonment – or both.

The order is made by a judge in situations where both parties undergoing divorce agree on financial settlements which can entail paying a sum of money, transferring ownership of a property, maintenance, pension sharing and provision for debt.

Refusal to adhere to the terms of an order is thankfully, unusual. But when the agreement is broken, the court has the power to take action.

Consent orders cannot be appealed unless there is evidence of significant facts not being disclosed when the original agreement was made.

If the default relates to a payment of money, such as maintenance or a post-divorce lump sum, it can be enforced through the court system as an ordinary debt and recovered by bailiffs through enforcement powers which may include seizure of assets.

An attachment of earnings can also be obtained. Where one party refuses to transfer an interest in a property then a judge can be requested to sign all the transfer papers in place of the defaulting party.

It is particularly important to act early in relation to late maintenance payments, because if the arrears are over 12 months old, permission is necessary from the court to enforce them – and judges have in the past been known to write off historic arrears.

As well as enforcement action, the courts also have the authority to punish those who fail to comply with terms of an order. If a party is instructed to take a certain action and refuses, they may find themselves in contempt of court which is extremely serious and may result in an offence punishable by fines, imprisonment or both.

Every financial consent order is different and if, and how, it is enforced depends very much on the specific circumstances of the case. It is vital to obtain expert advice at the first possible opportunity from experienced family lawyers who can guide and support you though the 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, 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 do I avoid my financial settlement being rejected

How do I Avoid my Financial Settlement Being Rejected?

Published on
Peter Jones
Founder of
Jones Myers
Family Solicitors

Splitting up from a partner can be an emotional roller coaster and planning your future finances may be the last thing you feel like doing.

However, it is vitally important for the long-term wellbeing of both you and your ex that a financial settlement is reached that is mutually satisfactory and will stand up to legal scrutiny.

Generally speaking there are three areas to be considered when working out who has what proportion of the joint finances – and for how long.

  • Assets – including savings, investments, property or shares
  • Income – the amount and length of time any post separation payments should be made
  • Pensions – the type of scheme and its value

The first step in ensuring a robust financial settlement is arranging an exchange of all the financial information. Only by doing this will all parties gain an insight into the whole financial landscape.

The next priority is building a detailed picture of the needs of each party, both now and going forwards. This often involves a process of quid pro quo – for example one of you might seek the security of a home while the other may want to be the sole beneficiary of a future pension pay out.

Crucially, the rationale for any trade-off will need to be clearly explained in the court document so that it can be scrutinised by the judge. Care should also be taken to ensure there are no hidden difficulties such as penalties on settlement of a mortgage or tax problems.

The next stage is drawing up a timetable that ensures all transactions such as maintenance payments, property transfers or lump sum payments have an agreed cut off date. This will also be checked by the court, to ensure that it is deemed fair for both parties.

When making its judgements, the court will take into account a range of factors for both parties including financial resources, financial obligations, standard of living, age, health and the contributions made to the marriage.

Creating an agreement that will stand the test of time is a complex task and it always pays to seek advice from a highly experienced family lawyer who can ensure that everything is encapsulated in an agreement which is in a format that is acceptable to the court.  Once the agreement is approved, it will give clarity and certainty to each party enabling them both to look forward into the future with security and optimism.

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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When There’s no Going Back: the First Steps to Take when Divorcing

Published on
Peter Jones
Founder of
Jones Myers
Family Solicitors

The realisation that divorce is inevitable can result in wide-ranging emotions spanning despair, frustration – and fear of starting all over again.

It is very rare that the person instigating the break up, or the partner who is being left, are prepared for the collapse of the marriage.

Embarking on a life-changing path can seem a daunting and difficult journey. The steps below will help you to start and manage the divorce process:

Check you can apply for a divorce

You must be married for over a year before starting divorce proceedings. Your marriage must be recognised by UK law and in most instances you or your partner will be living in England or Wales when making an application. You will also need to produce your marriage certificate.

Establish your grounds for divorce

In England and Wales there is only one ground for divorce – the irretrievable breakdown of your marriage. You must show one of these five facts exist for divorce:

  • Adultery
  • Unreasonable behaviour – a common ground for a speedy divorce which can be based on mild allegations such as one party being a workaholic
  • Desertion
  • Two years’ separation – if both parties agree to the divorce, this is the easiest way to divorce
  • Five year’s separation – applicable even if your ex doesn’t agree to the divorce

Seek early professional advice

Enlist professional support, sound advice and practical help from family law experts who can help you with all aspects of divorce and separation including finances and children. Having the correct information early on can help you make informed decisions and avoid costly mistakes later. Knowing what to expect will also settle many preconceived anxieties.

Avoid inflaming the situation

Don’t be tempted to start moving money out of a bank account or change locks on your family home. It may be the main asset and central to any financial settlement. If possible, it is better if one of you can move out to help avoid confrontation and stress. This move does not mean that your or your ex will lose your share in the home.

Telling your children

Parents often find this to be the hardest aspect of splitting up. Don’t leave it too late and, if possible, break the news together after planning your approach and what you will say. Don’t blame each other – aim to be consistent in what you say and reassure them that they are loved.

Click here for more articles from Jones Myers

 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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Child Dies Before a Parent

Wills & Trust – 3 Steps on How to Stop a Family Upset if a Child Dies Before a Parent

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Polly Coram
Solicitor with Jones Myers
Wills and Trust Department

To minimise legal costs, many parents who want to leave their estate to their children entrust its administration to friends and family instead of appointing a legal advisor.

A question we are frequently asked is, what will happen to the inheritance if a child passes away before the parent?

A competent Will writer would advise the parent, known as the testator, to include a substitute provision.

This makes it clear who their intended inheritance passes to – and in what shares – if a child dies first. However, we have witnessed a rise in homemade and simple wills that neglect to include this detail.

Omitting this provision can spark a dispute between the surviving children over what should happen to that share. Should it be split between the remaining surviving children – or should it be passed on to the children of the deceased sibling, the testator’s grandchildren? This is a hugely emotive issue and can cause a great deal of tension and arguments within families.

The answer is within section 33 of the Wills Act 1837.That section provides that where:

(1) A testator leaves a legacy to a child or remoter descendant (such as grandchildren or great grandchildren); and

(2) That person dies before the testator, leaving issue (meaning children or remoter descendants); and

(3) Those children or remoter descendants are living at the date of death

Then the legacy is passed to the next generation in equal shares.

This means that if a child has died before their parent, and if they have three surviving children of their own, those children receive their grandparent’s legacy in equal shares.

If an estate has already been distributed incorrectly to the surviving children, the personal representatives are liable for the loss. These representatives could claim the money back from the surviving children, but the children may be able to raise what is called  a ‘change of position’ defence – which protects them if they have already spent the money in good faith – and which could leave the personal representatives with a shortfall.

Such a situation is extremely damaging to a family that has already suffered a double loss, which is why taking early professional legal advice from experts is so important.

The administration of an estate is a complex and technical area. If you have any concerns, we always advise clients to have an initial chat with a member of our team so that disputes do not escalate and errors can be avoided.

For more information about any aspect of wills, probate or family law, contact Jones Myers or email info@jonesmyers.co.uk

Click here for more articles from Jones Myers Solicitors

About Polly Coram

Polly Coram has extensive litigation experience and has successfully resolved disputes on behalf of individuals, will writers, solicitors, charities and international insurance companies.

Her ability to unlock complex and long-running disputes is well known. Areas of specialism include high value/complex will and estate claims, administration disputes, will validity disputes and professional negligence claims.

 

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cohabitation agreement FAQs

Cohabitation Agreement FAQs

Published on
Liz Bell
Solicitor at Jones Myers

Cohabiting couple families remain the fasting growing relationship in the UK, but many mistakenly believe that they have the same legal rights as married couples in critical areas such as savings, income, pensions or business interests.

In fact, cohabiting couples are the second largest family type after married or civil partner couples, but the law does not offer them any protection should their relationship turn sour and separation becomes inevitable. 

Below are some of the questions we are asked by cohabitees:

My partner and I are thinking of living together. Is there anything we can do to protect ourselves should we split up?   

A cohabitation or ‘living together’ agreement, to record who owns what at the outset, provides some security to unmarried partners. It encourages people to think clearly about what they want to happen not only while they live together, but also if their relationship ends, setting out who owns what – and in what proportion.

Cohabitation agreements set out how you will divide property (as well as paying off debts), personal belongings, savings, pensions and other assets should you split up – along with how your children will be supported, plus how to deal with bank accounts, debts and joint purchases such as a car. They can also cover more day-to-day matters including pets.

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.

Can a cohabitation agreement be set up while we’re living together?

Yes. It can be drafted either prior to or during your time together. It can also be amended, as long as both parties agree that the original agreement should be changed and how. 

I’ve paid into our mortgage for many years, but the property is in my partner’s name. What happens if we go our separate ways? 

Cohabitation gives no automatic rights to the home you share if the property is solely in your partner’s name.  It doesn’t matter how long you have lived there. However, if you can show that you have contributed to it and there was ‘an intention to share’, you may be able to make a claim. This is a very complex process, though – and legal advice is essential.

Relating to the above, what happens if my partner dies?

If they die either without having made a Will, or having made one, without making reasonable provision for you, as the surviving partner you would have a potential claim as a cohabitee – providing you have lived together for at least 2 years ending with date of death.

Under current law, if you cannot satisfy the 2 year requirement, you may be able to make a claim on part of your deceased partner’s estate as a dependent. It is important to bear in mind that a dependent’s claim ranks lower in priority than the cohabitee’s claim.

If your partner dies without making a will, the law says that a property in their sole name – or their share of it – must go to their next of kin.

First among these are any spouse, and then any children, followed by the next closest group of living relatives. You will not be a surviving spouse for pension purposes as you were not married. You might be able to make a claim against your deceased partner’s estate if they have not made reasonable provision for you, and subject to other conditions imposed by law.

To avoid this potential issue, you and your partner should make wills and/or consider transferring any property into joint names.

About Liz Bell

Representing clients across the UK and overseas, Elizabeth’s expertise spans wide-ranging financial disputes.

Her track record includes complicated high value cases involving company structures, trusts, offshore assets and jurisdiction issues.

Elizabeth Bell

Feature photo credit – photo credit: naiaraback1 via photopin (license)

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