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Dr Foster: a Stark Reminder why Children Should Never be Pawns in Parents’ Battles

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

The spotlight has fallen on youngsters who are caught in the explosive crossfire of warring parents following the volatile BBC melodrama, Doctor Foster.

The relentless and destructive behaviour of Tom’s divorced parents left the series on a cliffhanger, with the distraught 15 year old taking off on his own because all semblances of a normal family and school life had been stripped away.

The stark reality is that thousands of children and young people unwittingly find themselves trapped in the middle of constant conflict in the real world – irrespective of whether their parents are living together or apart.

Such damaging behaviour can not only affect youngsters’ mental health, the development of their social and emotional skills and academic achievements – it can also influence their ability to form future relationships

Responsible family lawyers put children at the heart of family law, always encouraging parents to work together to resolve their differences rather than engage in bitter conflict.

Couples who are not consumed by battles are more likely to strive towards supporting their offspring’s psychological and emotional needs. Failure to do so risks horrendous outcomes – as reinforced by Dr Foster’s conclusion.

I urge parents to choose collaboration over conflict at all times and follow these steps:

  1. Don’t use children as bargaining tools in your relationship with your ex – encourage them to see – and love – both parents.
  2. Linked with the above, don’t criticise your ex in front of them and avoid asking them directly or indirectly to take sides – no matter how resentful and bitter you feel about your former partner.
  3. Children need to feel loved by both parents as they struggle to come to terms with the breakdown of family life as they know it.
  4. Presenting a united front can help children to adjust. This includes agreeing on key areas such as bed times, amount of television or computer games and space and time for homework. For teenagers it extends to seeing friends and social/sports activities.
  5. Encourage your children to show a genuine interest in what they do during their time with the other parent.
  6. Listen to your sons and daughters; give them space and time to talk about their feelings.

I wholeheartedly understand that this guidance is given from the sanctuary of an office as opposed to the emotionally charged backdrops, which parents deal with daily when coping with their children and managing contact arrangements.

However, if both parents can draw on their inner strength to communicate with, and respond to, each other with dignity and care, they will reap the rewards of their children remaining loving and caring towards their mums and dads – and being considerably less likely to fall by the wayside of life.

About Kate Banerjee

Kate, Head of the Children Department at Leeds and London based Jones Myers, is highly skilled 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 with experience representing parents, guardians, Local Authorities and children.

As well as working regionally and nationally, Kate has considerable expertise in international child abduction cases and is a Member of the International Child Abduction and Custody Unit.

Kate has “Higher Court Rights,” which enables her to offer clients an all-round litigation service.

 

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Prevent Child Being Abducted  

What to Look out for to Help Prevent your Child Being Abducted  

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

A call for more concerted action to prevent children in parental disputes being abducted overseas comes as yet more disturbing cases hit the headlines.

The stark reality is that around 1, 000 British children are taken abroad by the other parent without permission every year.

The appeal for a global campaign comes from the charity, Abducted Angels which raises funds for families to help them trace their children and bring them back.

The organisation also enlists the voluntary services of social workers and counsellors to help rehabilitate abducted children.

In many cases, children are whisked away to countries that are not a signatory of the Hague Convention on International child abduction – an international agreement made in 1980. These countries include Afghanistan, Egypt, Iraq, Saudia Arabia and Zimbabwe.

Such cases can prove especially challenging because there are no international systems in place to help parents who are desperate to find and be reunited with their children.

The Foreign and Commonwealth (FCO) office will do its best to help but admits to having limited powers because it cannot interfere in the laws of a non-Hague country.

Below are some tips on how to stay vigilant and keep your children safe.

Tell-tale signs to look out for:

  • Selling a house
  • An interest in obtaining a copy of a child’s birth certificate
  • Making moves to obtain a child’s passport
  • Announcing a desire to go on holiday with the child/children and without the other parent
  • Leaving a job

Preventative steps to consider:

  • Apply to the Court for a Prohibited Steps Order (PSO); this prevents either parent from taking their children to any specific events or any trips without the express permission of the other parent
  • Ensure that contact is supervised and, in extreme cases, you may wish to stop contact altogether
  • Keep passports safe and consider depositing them with a solicitor
  • Contact the Passport Agency and ask them to block the other parent from applying for a new passport
  • Notify the school about who is allowed to collect your child from school

If you receive a threat of child abduction or if your child has been abducted:

  • Contact the police immediately, who can issue a port alert to airports and ferry terminals. Recent photos of your child and the other parent, together with details of the airport or destination you think they may be heading, will help the police to focus their search
  • Contact Reunite, a UK charity specialising in parental child abduction which operates a 24 hour emergency helpline
  • Seek legal advice immediately

The severe psychological impact on children who have been abducted can be devastating and long-lasting and it is vital to obtain the permission of everyone with parental responsibility for a child before taking them abroad.

About Kate Banerjee

Kate, Head of the Children Department at Leeds and London based Jones Myers, is highly skilled 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 with experience representing parents, guardians, Local Authorities and children.

As well as working regionally and nationally, Kate has considerable expertise in international child abduction cases and is a Member of the International Child Abduction and Custody Unit.

Kate has “Higher Court Rights,” which enables her to offer clients an all-round litigation service.

 

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Creating a Will

Creating a Will – Where there’s a Will: Why Education not Modernisation is the Solution

Published on
Martin Holdsworth
Head of Jones Myers Contentious Wills, Trusts & Estates team

A consultation by the Law Commission for England and Wales on whether wills law should be brought into the “modern world” has reignited a long-running debate.

The independent body says that 40% of people who die each year do so without a will, having been put off by strict formality rules.

It is now considering allowing texts, emails and other electronic communications to be recognised as a valid will.

I don’t believe this would simplify matters – and there is no need for simplification.

For a will to be valid it only has to comply with section 9 of the Wills Act 1837. This merely requires it to be in writing; signed by the will maker; and witnessed and signed by two people who are present at the time.

The will does not need to be dated or on paper – although this is always recommended to ensure certainty and enable revocation.

The focus should be on educating people into making wills, not on breeding ambiguities. Our work would triple overnight if an unwitnessed, unsigned email or text were enough to direct where an entire person’s estate went, as contested legacies and disputes would quickly increase.

Would an ‘e-will’ automatically revoke an earlier text, email or hard copy will, or would it need to explicitly spell this out? – which is currently the case. This is an important consideration because, while destroying a physical will automatically revokes it, you can’t destroy a text.

This doesn’t mean that will making couldn’t be done electronically. Hypothetically, you could have the will maker and the two witnesses following an online process – perhaps with short videos to confirm identity and then electronically signing off the e-format.

The key is certainty – and the more certainty about what someone wanted, the better.

Whilst we should always be flexible and open in the technological age, it is difficult to imagine how doubt can be dispelled without making a will – whether electronically or otherwise.

While the rules of intestacy provide certainty when somebody dies without a will, they are blind to the wishes and circumstances of the deceased and to family dynamics, ethos and expectations. Such situations can cause disagreements and fracture relationships irretrievably.

About Martin Holdsworth

Award-winning Martin Holdsworth specialises in managing disputes over the validity of a will or the management of a trust.

Martin deals with claims by disappointed beneficiaries – either seeking greater provision from a deceased’s estate – or responding to claims made by others.

A well-established practitioner, Martin has provided successful solutions for hundreds of individuals over two decades.

He also leads clients through the emotional and legal problems that can arise from securing resolution of problems involving mental capacity challenges, undue influence allegations, fraud and forgery, mismanagement of estates/trusts and other related issues.

www.jonesmyers.co.uk

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Cash Equivalent Transfer Value

Divorce and Pension Rights – My Ex won’t Provide Details of the Cash Equivalent Transfer Value of a Pension

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Peter Jones
Founder
Jones Myers

When it comes to divorce, pensions are treated just like any other asset.

However, unlike bricks and mortar, it can sometimes be difficult to establish whether a pension exists and what it might be worth. This can become even more difficult in an acrimonious split, when one partner refuses to divulge the financial details of their pension arrangements.

If this situation arises, there are number of steps you can take with the help of a specialist solicitor.

First, you need to find out if a pension exists.

A useful first step is to take advantage of the Government’s Pension Tracing Service – an online database containing details of all workplace and personal pension schemes.

Although you won’t be able to search your partner’s details, you can make an application to the court for them to be forced to make search by putting in all of their past and current employers, together with any personal pension providers that might be relevant.

This won’t give you the value of the pension, but it will tell you who the provider is and give you details of where to write for more information.

The next step in securing a fair allocation of assets is to find out how much the pension is worth by obtaining a calculation of the Cash Equivalent Value (CEV) of the pension benefits that have accrued.

Under normal circumstances, this information is put on the table along with any other assets in order to work out what each spouse is entitled to. However, it does happen occasionally, when relationships have completely broken down, that this information is not produced.

In cases of a refusal to provide CEV information about a known pension fund, there is provision in law for the court to require the member spouse to obtain information and also for the court to order the pension provider to supply that information to the court.

To make that happen, the non-member spouse’s solicitor would send a copy of the application for a pension sharing order direct to the pension supplier. It is then obliged to provide certain information to the member, including the value of the pension benefits.

If the member spouse refuses to disclose that information, an application can be made to the court for a separate order for this information to be provided.

Once all of the information is before the court, it enables a decision to be made about how the pensions should be split equitably between the parties. This split can take a number of forms, of which the most usual are:

  • Pension sharing – where you receive a percentage share of any one (or more) of your ex-partner’s pensions. This is either transferred into a pension in your name or you can join your ex-partner’s pension scheme, depending upon the pension scheme rules and independent financial advice;
  • Pensions offsetting – where the value of any pension(s) is offset against other assets, for example, you might obtain a bigger share of the family home in return for your ex-partner keeping their pension.

Amid the stress and emotional turmoil of divorce, it can be difficult to think beyond the day-to-day. However this is precisely the time to focus on planning ahead and avoid later regrets about failing to make adequate provision for the future.

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.

Leeds and Essex based Jones Myers, consistently top-rated Yorkshire family law firm by Chambers and the Legal 500 Legal Guides, has been one of the pioneers of collaborative family law – known as the ‘pain-free way to divorce’ – which advocates a more amicable, and often speedier, route to divorce, without resorting to the courts.

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How to Approach the Thorny Issue of Pensions when Divorcing 

Published on
Peter Jones
Founder
Jones Myers

Along with dwindling annuity rates and the demise of defined pension schemes, it is a fact of life that divorcees’ retirement incomes are inevitably lower than those of non-divorcees.

A further downside is that from April 6, 2016, thousands of people who divorce, remarry or form a new civil partnership can no longer use ex-spouses’ National Insurance Contributions to help increase their basic state pension.

This development makes it even more essential for separating couples to obtain sound financial advice – not only on their pension situation – but on a whole range of money, investment and insurance issues.

At Jones Myers we have a wealth of expertise in financial remedies – settling of financial matters on divorce. Our specialist team can assist in the complex area of pensions.

As pioneers of collaboration, which offers a viable and constructive alternative to going through the court system, Jones Myers highly experienced lawyers also work with other professional consultants to help both parties secure the best outcome possible.

Among these are neutral Independent Financial Advisers who provide crucial information and advice to both parties regarding pensions and financial planning generally.

This process is vital for the family’s new situation in which fundamental changes can include the extra cost of running two homes, reduced individual disposable incomes and a greater debt burden.

It is also important for couples to discuss their finances openly and honestly. The collaborative process is ideal for this as both parties agree to work through family and financial issues together.

However, when it comes to the divorce process there is no avoiding a full and frank disclosure of each partner’s finances. Neither party can put their head in the sand, nor should they believe that they can squirrel away assets.

Financial disclosure is designed to protect both parties and to ensure that each receives a fair settlement in the circumstances of that particular family, and which may well include an equitable split of pension benefits.

Clients who have resolved issues with their partners through collaboration say it brings wide-ranging benefits which include feeling more in control over their future and improved levels of communication with their ex-spouses. Agreements are reached more quickly and creatively, but far less confrontationally, than awards imposed within the court process.

For more information about financial planning or any aspect of divorce or family law call our team of experts at Jones Myers on 0113 246 0055 or tweet us on @helpwithdivorce

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.

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How Separated Mums can Avoid Mother’s Day Blues
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How Separated Mums can Avoid Mother’s Day Blues

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

For recently divorced or separated mums Mother’s Day might be an upsetting and poignant reminder that family life has undergone substantial upheaval and change.

Whenever and wherever it is celebrated across the globe, the day is important to highlight the importance of those who nurture children. This is something we champion at Jones Myers, where we advocate that children’s best interests always come first.

In the countdown to Mother’s Day, here are some tips to help make the most of the occasion:

1. Plan in advance, and talk to your ex. If they usually see the children on Sunday, ask them if you could swap arrangements for this week. A flexible parenting plan can go a long way to diffusing potential arguments over special days.

2. If you are with the children on that day – and your separation is recent – avoid pressurising them to celebrate, as they may need time to come to terms with the new arrangements. A more subtle way would be to do something on the day that you will all enjoy.

3. If you are not with your children on Mother’s Day, indulge yourself with something special to mark it – and remember the vital role you play. This could also include a group event with other single parents.

4. To make up for not spending the day with your children, create a ‘new’ mother’s day the next time you are together – the occasion does not have to be dictated by the   official calendar date.

Irrespective of what day of the year it is, the best environment for parents to raise children is when both of them play a key role in their development – whether they are still living together or not.

That is why we advocate mediation, arbitration and collaborative family law to help couples achieve an amicable solution in the event of a relationship breakdown.

About Kate Banerjee

Kate, Head of the Children Department at Leeds and London based Jones Myers, is highly skilled 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 with experience representing parents, guardians, Local Authorities and children.

As well as working regionally and nationally, Kate has considerable expertise in international child abduction cases and is a Member of the International Child Abduction and Custody Unit.

Kate has “Higher Court Rights,” which enables her to offer clients an all-round litigation service.

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Energy Trader’s Divorce Reignites Debate Over Fair Settlements

Energy Trader’s Divorce Reignites Debate over Fair Settlements

Published on
Peter Jones
Founder
Jones Myers Family Solicitors

The case of a successful energy trader – who is appealing against a High Court decision to award almost half of her £7m fortune to her adulterous ex-husband – is sparking concerns among divorcing couples.

The outcome of Julie Sharp’s Civil Appeal Court plea for a “fair divorce settlement” following the judgement to allocate Robin Sharp almost £3m after a marriage lasting just four years – is awaited with interest.

This case is a stark reminder that the rules of maintenance and capital distribution take no account of fault and apply to the main breadwinner – irrespective of the fact that the divorce was apparently prompted by her former husband embarking on a new relationship while they were married.

It also illustrates that conduct and gender are not factors in a court’s decision, which is made after appraising a couple’s joint assets and deciding how they should be divided whether by sharing equally, or with some other adjustment to meet the reasonable needs of both.

Costly, distressing and, in this case, high-profile courtroom battles over settlements can be avoided with Arbitration; which allows couples to reach a divorce settlement without the trauma of the courts. The sessions are held in private, which means that journalists cannot report the details of the divorce or settlement.

The hearings, which are arranged at clients’ convenience, and at comfortable venues, see the arbitrator determine who should have what. Similar to a judge, they collect relevant facts and evidence and base their decision on this evidence – taking into account the views of both parties. The Award is final and binding in both parties.

Arbitrators are not only qualified in their process – they are also experienced family lawyers who are either former judges or family law barristers or solicitors.

Two other ways to avoid confrontation and discord are pre-nups and post-nups. A pre-nup agreement – which is drawn up between couples before marrying – sets out how their assets will be split if the marriage fails. Although not legally binding, a carefully thought through agreement, drawn up with independent advice, is quite likely to be upheld by a court.

They are also more likely to be accepted by a divorce judge if they were agreed well in advance of a marriage – and if there is no implication that one party was coerced into signing.

Post-nups are entered into after marriage; with the same aim as a pre-nup should a court decision have to be made. They are often made by couples in a second marriage who are seeking to protect children of previous relationships, or by those who wanted a pre-nup but didn’t have time, or or for some other reason felt it inappropriate, to arrange one prior to the marriage.

For both pre-nup and post-nup agreement to carry their full weight, both parties must enter into them of their own free will, without undue influence or pressure – and be fully informed of their implications.

Legal advice and disclosure are desirable, but what matters is that both parties are fully aware of the implications and have the information necessary to make an informed decision.

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.

 

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Reduce Half-term Friction

Co-parenting Children of Divorce and Separation – How Cooperation can Reduce Half-term Friction

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

Half-term holidays can spark the onset of headaches for many divorced and separated parents.

The perennial argument over who gets the children – and when – can be further exacerbated by work patterns and domestic arrangements.

Common issues include full time working fathers being unable to arrange days off when colleagues are also requesting leave – sparking mothers’ concerns that their children will be put in Kids’ Clubs or left with a new partner.

Similarly, a parent who works from home or does not work is better placed to justify having the children than their commuting ex.

With increasing family and work demands putting leisure time at a premium, rifts and tensions result in some couples ending up back in court. Here are some tips to reduce the emotional strain of half term.

  1. Set objectives: just as in the wider context of separation and divorce, start with seeking to achieve what is best for the children, despite your feelings or grievances. Genuinely strive for what will make them happiest, don’t criticise your ex in front of them – and avoid asking them directly or indirectly to take sides.
  1. Be flexible: accept that children will want to see as much of both their parents, their grandparents, wider family and their friends as possible. It falls to both parents to try to achieve this – and if it means that you end up spending less time with your children this half-term, discuss it reasonably with your ex to make up for it in the next one.
  1. Communicate regularly: talk to each other and plan ahead – giving you time to agree on and organise logistics, such as travel, seeing wider family and grandparents’ access.
  1. Keep the children updated on what’s happening: they like certainty and security so let them know as far in advance as possible about half-term arrangements. This will help them adjust to the unexpected and, hopefully, present a scenario they can look forward to.

If you really can’t reach agreement with your ex, mediation is a far less stressful, more cost-effective option than a return to court.

About Kate Banerjee

Kate, Head of the Children Department at Leeds and London based Jones Myers, is highly skilled 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 with experience representing parents, guardians, Local Authorities and children.

As well as working regionally and nationally, Kate has considerable expertise in international child abduction cases and is a Member of the International Child Abduction and Custody Unit.

Kate has “Higher Court Rights,” something fewer than 2,500 solicitors have in England and Wales, which enables her to offer clients an all-round litigation service.

 

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6 Steps to Make your Children’s First Christmas after Divorce Special

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

The festive countdown will leave many separated spouses and their children feeling apprehensive, distressed and nervous – particularly for estranged couples who are embarking on their first Christmas post-divorce.

For the newly single, these sentiments are understandably exacerbated at what is already an emotional time of year – and if they no longer live with the children.

The partner looking after the children can likewise feel overwhelmed with the prospect of feeling they single-handedly need to organise everything and everyone.

In this scenario, effective planning, communication and a spirit of goodwill can help both parents to survive the break while keeping the children at the heart of celebrations.

Here are six top tips for reducing stress at Christmas:

  • Double the magic: if you don’t spend Christmas Day with the children, why not organise a second celebration or an added treat for them? As well as enhancing their anticipation and enjoyment, it will strengthen the bonds between you.
  • Talk to each other: planning ahead with regular communications should allow you to agree and organise a holiday season that will suit as many people as possible.
  • Set objectives: always aim to achieve what is best for the children, despite any lingering grievances you may have. Don’t criticise your ex in front of them or ask them to take sides – as this will make them less likely to want to spend time with you.
  • Be flexible: accept that children will want to see as much as possible of both parents, wider family and their friends. If that means you spend less time with them this year, discuss it reasonably with your ex and aim to make up for it next Christmas.
  • Tell the children what’s happening: the further ahead you can let children know how Christmas will be spent the better; they like security and certainty – and will already have been unsettled by the split. Hopefully, keeping them informed will allow them to adjust to the Christmas changes and give them a scenario they can look forward to.
  • Treat yourself: many parents hanker for a break from the children after a few days confined with them. As such, make the most of the time you’re apart; treat yourself or do something you couldn’t if they were there – and be sure not to neglect your health and wellbeing.

Simple planning and communication can help the whole family feel better about Christmas following a breakup – and could be key to more harmonious relationships in the years ahead as everyone moves on.

About Kate

Kate, Head of the Children Department at Leeds and London based Jones Myers, is highly skilled 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 with experience representing parents, guardians, Local Authorities and children.

As well as working regionally and nationally, Kate has considerable expertise in international child abduction cases and is a Member of the International Child Abduction and Custody Unit.

Kate has “Higher Court Rights,” something fewer than 2,500 solicitors have in England and Wales, which enables her to offer clients an all-round litigation service.

 

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‘Brangelina’ Split and How to Guarantee Privacy During your Divorce Process

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Peter Jones Founder Jones Myers
Peter Jones
Founder
Jones Myers

The media frenzy continues a week after Angelina Jolie filed for divorce from Brad Pitt with every aspect of their lives – and the lives of their children – continuing to be played out in front of millions of people worldwide.

However, irrespective of whether you are Hollywood’s most “golden” couple, divorcing through the courts comes with no guarantee of privacy – as some of the hearings are open to the public and journalists can attend and report details of the proceedings.

They may do so if there is a salacious element, perceived wealth, or accusations of attempts to hide assets – which can be embarrassing and distressing for the couple, as well as their children, parents or business partners.

Our specialist family lawyers advise of three less public routes, outlined below, to take when marriages break down.

Arbitration is a quicker, less emotionally and financially draining alternative to court battles. The press is barred from hearings, which are arranged at clients’ convenience, at comfortable venues, where a family arbitrator rules on who should have what.

Just like a judge, the arbitrator bases his or her decision on relevant facts and evidence – taking into account the views of both parties. The award is final and binding on both parties. Arbitrators are not only qualified in their field – they are also experienced family lawyers who are either former judges or family law barristers or solicitors.

Mediation is also an effective and private way of resolving disputes without the need to go to court. It involves an independent third party – a mediator – who helps both sides come to an agreement.

It is a highly effective method which can result in a swift resolution and save on legal expenses.

Couples often use mediation as a way to explore and discuss issues between them, with the assistance and guidance of an impartial mediator. Because many issues are resolved during mediation, they often find that they save a great deal in legal costs by opting for mediation first.

Collaboration sees couples each appoint their own collaboratively trained lawyer. They meet to work things out and are backed up by support and legal advice. All sign a contract committing them to trying to resolve matters by agreement, without going to court.

The lawyers will agree only to represent the parties within the collaborative process and not in court. This ensures that everyone at the table, not just the divorcing spouses but also their legal representatives are committed to finding an out-of-court solution.

Collaboration places an emphasis on a respectful and dignified resolution, putting any children at the heart of the process, and keeping the details private and confidential.

Divorcing couples who value their privacy are advised to consider these options which are also more cost effective, less traumatic and less prolonged than litigating.

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.

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Business when going through Divorce

Protecting your Family Business when going through Divorce

Published on
Peter Jones Founder Jones Myers
Peter Jones
Founder
Jones Myers

The trauma of divorce, which impacts on separating couples, their children, and their wider family and friends, can be further exacerbated when a business is involved.

Many business owners with failed marriages have found themselves losing an organisation they have worked long and hard to build over decades, to their ex.

With UK family businesses employing over nine million people and accounting for a quarter of the UK’s GDP, according to the most recent statistics from the Institute for Family Business, safeguarding the family company is also critical when a divorce or separation becomes inevitable between husband and wife business partners.

Such cases, when husband and wife teams own joint shareholdings as “co-preneurs”, and are both seeking to retain their stake in the company, are the most difficult to resolve.

Many couples also employ their children in the family business – increasing the importance of a smooth transition to safeguard their sons’ and daughters’ respective roles.

In a divorce, a company is regarded as a matrimonial asset, to be sold or shared like any other. It is therefore vital for a couple in business together to secure sound legal advice before marrying, so that a pre-nuptial agreement can be drawn up. If already married, it is worth considering a post-nuptial if you failed to sign a pre-nup – or to protect any new business ventures.

Although pre-nups and post-nups are not legally binding, courts do take them into account and they can make the whole divorce process run more smoothly. However, despite their advantages, they will not prevent your business from coming under close scrutiny. How much is it worth? What income can it produce – now and in the future, when assets are divided? Should it be producing more?

Judges will often examine a business’ liquidity and how this might be paid out to the wider family to meet costs such as accommodation. Although problematic if you planned to use that liquidity as the seed corn for a future start-up, you must not hide any assets.

Collaborative law can be the most constructive, cost-effective and least painful approach to finding a financial solution when both partners are involved in a family business – and can also lessen impact on the company.

It sees a couple and their lawyers working together on problems face-to-face, with additional professional advisers such as accountants on hand when necessary. It aims to resolve matters amicably and without the case going to court.

Talking about the future of your business, and who will run it, in a calm and supportive atmosphere is infinitely preferable to the hostility and acrimony of a courtroom battle – and can protect enterprises by avoiding the distress and distraction that can derail a company.

About Peter

Peter Jones is one of the country’s leading and most sought-after divorce and family lawyers, and one of only four qualified arbitrators in Yorkshire.

A former Deputy District Judge for 15 years, he set up the first niche family law firm in the north of England in 1992 – Jones Myers – and has acted for a string of high-profile clients.

Renowned for his sympathetic approach, he is a former national chairman of Resolution (formerly the Solicitors Family Law Association) – an organisation of over 6,500 family lawyers who are committed to the constructive resolution of family disputes.

Leeds and Essex based Jones Myers, consistently top-rated Yorkshire family law firm by Chambers and the Legal 500 Legal Guides, has been one of the pioneers of collaborative family law – known as the ‘pain-free way to divorce’ – which advocates a more amicable, and often speedier, route to divorce, without resorting to the courts.

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Bird’s Nest Custody – a New Approach to Joint Custody?

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

Touted as the smart new way to divorce by the media, ‘bird’s nest custody’ is becoming more common in the UK as rising numbers of British courts recommend shared parenting instead of sole custody for one of them.

Bird’s nest custody sees children stay in the family home, while their parents move in and out on an agreed schedule to look after them.

As well as the intended benefit of reducing stress and change for the youngsters, it can also be a cheaper solution for parents who might struggle to maintain their pre-divorce lifestyle.

Here, children would remain in the family home with one parent, while the other would live in a smaller flat, removing the need to provide two bedrooms for each child – complete with toys, fixtures and furniture at each place.

Parents can either swap between homes or stay with family and friends when their ex moves in.

To date, UK courts have not forced bird’s nesting onto anyone; however couples are coming across the solution via mediation, before reaching court.

With many divorcees reporting that it has also brought them closer together as they collaborate on the common goal of securing their children’s best interests, it is likely to increase in popularity.

On the surface, then, this is a promising route to a civilised family life after divorce.

However, it must be borne in mind that no two couples and no two divorces are the same, so there are no one-size-fits-all options. Below are some factors to consider if you’re wondering whether birds’ nest custody is right for your family:

  • The ages of the children. Some may be of an age where they can accommodate this arrangement, but older children may rebel, or feel unsettled by the situation.
  • How you will communicate what’s happening to your offspring. While the arrangement might give children a sense of security, it could also be quite confusing for them and raise false hope that their parents might get back together. Explaining it very carefully – particularly to younger children – is vital.
  •  Co-operation from your ex. The levels of trust and support needed to make birds’ nest custody work are quite rare among ex-partners, as inconvenient ‘real world’ practicalities will inevitably effect the arrangement. For example, one or both of you could meet someone else. There is also the issue of cooking and shopping for your ex, when you must declare that you have lived separately and apart before decree absolute can be granted.

We recommend that boundaries and rules are drawn up, written down – and signed up to before you embark on this arrangement.

Difficulties and obstacles are not insurmountable, but parents would need to compromise and plan and communicate effectively – just as in other child custody matters.

 Kate, is the Head of the Children Department at Jones Myers.   She is highly skilled in cases relating to children including contact and residence disputes.

Kate specialises in child protection law and is a Member of the Child Care Panel with experience representing parents, guardians, Local Authorities and children.

As well as working regionally and nationally, Kate has considerable expertise in international child abduction cases and is a Member of the International Child Abduction and Custody Unit.

Kate has “Higher Court Rights,” something fewer than 2,500 solicitors have in England and Wales, which enables her to offer clients an all-round litigation service.

Clients find her sensitive, caring and approachable and she engenders these principles in all of her team.

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