Yorkshire And The Humber

In a milestone development, accredited journalists can report in family law courts on cases which decide the future and wellbeing of children whose parents are divorcing. They can also report on cases which determine if children should be taken into care.   Whereas the media have previously been allowed to observe such hearings since 2009 - but only report on what a judge allowed - they can now write in detail on cases, have access to some legal documents and interview families about their cases - providing their identify is protected. The move follows a two-year pilot scheme covering private and public law children law cases. It aims to remove long-standing concerns about the ‘secrecy’ surrounding family courts, create greater transparency and build public confidence. As a whole, our Children’s Department - which covers every area of public and private children law - sees the change as a favourable move. There are some reservations however about how those who represent themselves in Court Proceedings - because they either can’t afford a family lawyer or simply choose to do so - may try to use the media to their own advantage. This could apply in situations where they portray the other party in an unfavourable light or put their privacy at risk. Such scenarios raise concerns about safety and especially around the potential for social media platforms to be abused. On the positive side, as long as journalists adhere to responsible reporting, the development will provide a constructive insight in helping the public to understand the realities of the Family Court System - and for an unbiased approach to be taken. The new reporting freedoms could also see divorcing couples - particularly those with a profile in their community who are concerned about protecting their own and their children’s privacy - resolve matters out of the courtroom glare. This can be achieved through alternative routes such as mediation or the collaborative process which help separating couples to find an agreed way forward in a constructive, positive manner. Less costly, acrimonious, and drawn-out, these alternatives protect children being exposed to the fall out of their parents’ relationship. They prioritise children’s well-being and help the long-term interests of all those involved in the break-up. Our family law specialists are at the forefront of options which take a non-confrontational approach to relationship breakdown and put children’s best interests first. The specialisms of our award-winning Children’s Team span residence, contact, relocation, international child abduction, adoption, and child protection. Dedicated to consistently delivering excellence, we act for parents and grandparents, we represent children, through their court appointed Children’s Guardians allocated by Cafcass. We also act separately for children of a significant age and maturity. Our extensive expertise includes a Family Law Mediator, a Child Inclusive Mediator, Collaborative Family Lawyer and In House Counsel. For queries on children law, mediation, or other family law issues, call Leeds 0113 246 0055, Harrogate 01423 276104, York on 01904 202550. Visit www.jonesmyers.co.uk, email [email protected] or tweet us @helpwithdivorce Jones Myers blog is ranked 5th in the UK’s Best 25 family law blogs and websites to follow in 2025. Authored by Partner, Anthony Parrish from Jones Myers Children’s Department

As I receive an increase in the volume of divorce enquiries after the challenges of the festive season, I cannot emphasise enough the critical role that pensions play in financial settlements.   Their importance has been further re-inforced by financial analysts’ calculations that spouses could lose up to £66k by overlooking pensions and I failing to take them into account in divorce settlements. Pensions are frequently one of the most valuable assets of a marriage, often making up the second highest - or sometimes the highest - value asset in a divorce settlement after the family home. It is key that information about pensions is made available in the financial disclosure process, which must take place before any binding financial settlement can be made. Disclosure must include details of all pensions, including state pensions - and the value of each one. This ensures that couples are able to make informed decisions as to what a fair settlement looks like for them The most common way in which a disparity in pensions is addressed in a divorce settlement is pension sharing which provides a clean break between parties, as the pension assets are split immediately. Alternatively, in some cases ex-spouses prefer to take a greater share of the equity in the family home or other capital, as a trade-off for a share of the other’s pension. Some divorces may involve several pension arrangements so it is important to consider which arrangements should be shared, and to what extent. The pension share may be internal (when the recipient becomes a member of the scheme) or external when the share must be invested in an existing or new arrangement of the receiving party. Care should be taken to obtain details of the cost of any transfer. In deciding what is best for them, the couple need to consider how their respective financial needs will be met  and what other assets are available for distribution. Alternative and non-confrontational ways for divorcing couples to reach a financial settlement without a lengthy and expensive court process include Mediation and Collaborative Family Law. Both options - in which I have extensive expertise - are conducted in a spirit of mutual co-operation and put children’s best interest first. At Jones Myers we always recommend that divorcing couples seek expert advice from highly experienced lawyers regarding their finances. Independent Financial Advisers can assist with pension valuations and projected future incomes. Taking guidance early on will avoid the risk of losing out on what could be a substantial pension sharing provision that spouses are entitled to – and which can prevent long-term financial issues. For queries on pensions in divorce or any aspect of family law, call 0113 246 0055 (Leeds) 01423 276104 (Harrogate), 01904 202550 (York). Visit www.jonesmyers.co.uk, email [email protected] or tweet @helpwithdivorce Jones Myers blog is ranked 5th in the Feedspot UK’s Best 25 family law blogs and websites to follow in 2025. Authored by Jones Myers Partner, Nicki Mitchell - Mediator, Child Inclusive Mediator and Collaborative Family Lawyer    

The New Year is key for many people planning how best to manage their money in 2025, especially after all the expense of the festive season.  Many spouses - particularly those who are  going through separation and  divorce - will want to know their rights regarding Spousal Maintenance - a payment made by one party to the other as part of the financial settlement on their divorce or separation. Usually, it is paid every month and can last for either a defined period or, in increasingly rare cases, until one of the former spouses dies. Spousal Maintenance is different from Child Maintenance, which is statutory. It is not an automatic  entitlement and only applies to divorcing couples. I share some key insights below. How is the amount and duration agreed? There is no set formula for working out Spousal Maintenance payments. How much is paid and for how long can be settled through mutual agreement between a spouse and their ex during divorce proceedings. Information is exchanged about each spouse’s income and their monthly outgoings. If one spouse has insufficient income to meet their needs and the other can afford to make up or contribute to that shortfall then Spousal Maintenance may be appropriate. Interim Spousal Maintenance can be agreed or ordered in the initial stages of separation to ensure that the spouse who is weaker financially can manage their basic monthly outgoings. Does getting Spousal Maintenance involve going to Court?  If the couple are unable to come to a mutual agreement, the Court can decide whether Spousal Maintenance should be paid. In every case the Court must consider the possibility of a Clean Break Order - which severs all financial ties between the couple. If a Clean Break Order is not appropriate immediately, the court will order what the Judge considers to be a reasonable level  of Spousal Maintenance - and for how long this must be paid. The court will have before it detailed information about the income available and each party’s income needs. Spousal Maintenance is usually only ordered for a fixed period of time, long enough to enable an adjustment to independence. How can couples reach a solution without going to court?   More couples are turning to non-confrontational options, which allow them to retain control of decisions which affect them, put their children’s best interests first and avoid costly and destructive court battles. They include negotiation, mediation or collaborative practice where couples and their lawyers commit to find a positive solution without going to court and sign a binding agreement to that effect. Our specialist lawyers at Jones Myers have extensive experience in advising couples in these areas. In what circumstances is Spousal Maintenance terminated? When Spousal Maintenance ends will be set out in the court order.  Typically this will be when the spouse receiving the payments has had time to adjust to independence or when their financial needs are reduced. For example, when the children finish school or university, or they leave home. Spousal Maintenance will cease when one of the spouses dies or if the recipient of the maintenance gets married again or enters into a civil partnership. What happens if the  circumstances change?    If the circumstances of the spouses alter significantly after a Spousal Maintenance Order has been made, they can agree to change the payments ordered and send an agreed order to the Court which supersedes the original order.  If agreement is not possible then either of them can apply to the Court to vary the terms of the order. The Court will consider factors such as changes in income, employment status or financial needs to assess if a variation is appropriate. Experienced family lawyers like Jones Myers have extensive experience in helping our clients to understand their legal position and options regarding Spousal Maintenance. We can also assist in negotiating agreements to reach a fair and mutually acceptable solution. If an agreement cannot be reached through negotiation, we can represent clients in court proceedings to seek a Spousal Maintenance Order or to vary an existing order. Author: Nicki Mitchell

Extensive studies and statistics highlight that cases of child abduction increase during the summer. The psychological impact on children 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. Every year there are around 1,000 cases of British children under the age of sixteen being taken abroad by one parent without the other parent’s permission. This is a criminal offence if the offending parent has not obtained a Court’s permission. Many cases see children whisked away to countries that are not a signatory of the Hague Convention on International child abduction, an international agreement made in 1980. Non-signatories of the Hague Convention extend to over sixty countries where there are no international systems to help parents find their children. They include Afghanistan, Egypt, Iraq, Iran, Saudia Arabia, United Arab Emirates and Zimbabwe. Tell-tale signs Behavioural changes/deteriorating relationship between parents Leaving a job Selling a house Seeking a copy of a child’s birth certificate Trying to obtain a child’s passport Increased contact with family or friends overseas Wanting to take a child away without the other parent Preventative steps Apply to the Court for a Prohibited Steps Order (PSO) preventing either parent from taking their children to events/trips without the express permission of the other parent Apply for a Child Arrangements Order which clearly sets out the ‘custody rights’ each parent should be exercising. In cases where an abduction occurs, it demonstrates an infringement of custody rights Ensure that parental contact is supervised or, in extreme cases, stopped altogether Keep passports safe - an option is for a solicitor to hold them Ask the Passport Agency  to block the other parent from applying for a new passport In term time, ensure the school know exactly 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. They can issue alerts to airports/ferry terminals and liaise with Interpol who may be able to work with police forces abroad to help find your child Give the police recent photos of your child and the other parent, together with details of the airport or destination you think they may be heading Contact Reunite, a UK charity specialising in parental child abduction which operates a 24 hour emergency helpline Seek legal advice immediately Guiding you through this complex process Jones Myers is recognised nationally and internationally for managing cases of parental child abduction. This includes children being wrongfully removed from England & Wales and unlawfully retained in a different jurisdiction - or being abducted from another jurisdiction to England & Wales and illegally retained. Our consistently high success rate spans countries both inside and outside of the Hague Convention. We are highly experienced in liaising with the Foreign and Commonwealth Office, the Home Office along with officials, police forces and politicians at the highest level at home and overseas. Helpful websites include International parental child abduction - GOV.UK (www.gov.uk) and Reunite | International Child Abduction Centre | Child Abduction Charity Author: Kate Banerjee