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Family Law

MENODIVORCE OR MENOPAUSE? : FEELING OUT OF CONTROL?

By Sarah Barr-Young, Head of Jones Myers’ Financial Remedies Department in Harrogate A series of studies has highlighted a connection between menopause and divorce - with many women attributing the menopause as a key factor in their relationship breakdown. The festive season can be a particularly stressful time for married and separated couples for several reasons. High on the are list are financial worries, concerns about seeing their children – and the pressure of expectations to make the holiday magical and memorable for loved ones. While I am not a medical expert, I am aware that seasonal stress can exacerbate physical and mental symptoms of menopause and perimenopause, the transitional phase before menopause. They include tiredness, hot flushes and mood swings along with feelings of inadequacy and shortcomings. As a family law specialist with extensive experience in working with women in their mid-lives, I know how hard many of them find openly discussing their emotions with their nearest and dearest, a contributory factor in findings linking menopause and divorce. Another worrying factor from the research focuses on the vital role of solicitors. Many women who have divorced while undergoing the menopause say their family lawyers failed to include the menopause and its impact on their deteriorating relationships in divorce discussions. While this may be attributable to a lack of awareness or understanding, it requires addressing as a priority to ensure our family law profession fulfils its responsibility to assess every aspect of our clients’ lives following a relationship breakdown and guide and support them in reaching the best possible solutions. Jones Myers’ holistic approach explores all areas of our clients’ lives, signposting them to third parties, whether this be counsellors, therapists or IFAs, when appropriate. Our firm’s approved internal list of referrers ensures clients receive the highest quality advice for their unique circumstances. Finances are another key area where we guide and assist clients undergoing separation or divorce. Many perimenopausal and menopausal women deciding to make the break have chosen to sacrifice their careers or put them on hold to bring up their families. This may have prevented them from saving money or accruing a work pension, later prompting major fears of how they will manage post-divorce. We recognise clients’ concerns over finances - and how many women during their marriages have not had to manage practicalities such as tax, standing orders or direct debits. Helping clients to plan for their future both pre and post-divorce, our holistic approach sees  us work with tried and tested financial advisers who support our clients to stay on track as  they embark on the next phase of their lives. I urge all women who are feeling the season’s pressures and thinking about divorce and separation, to seek help from professionals and family lawyers who understand the challenges they face - and who can guide them on the right path. For queries on divorce, separation or any aspect of family law, call 0113 246 0055 (Leeds) 01423 276104 (Harrogate), 01904 202550 (York). Visit www.jonesmyers.co.uk, [email protected] or tweet @helpwithdivorce. Jones Myers blog is ranked 5th among the UK’s 20 Best Family Law Blogs To Follow in 2026.
Jones Myers - December 18 2025
Family Law

MEDIATION, ARBITRATION, COLLABORATIVE LAW, COURT? THE BEST OPTION FOR YOU

By Jones Myers Partner, Nicki Mitchell, Family Law Mediator and Collaborative Family Lawyer As an experienced Family Law Mediator and Collaborative Family Lawyer with extensive expertise in litigation, I understand the challenges facing separating couples in finding the right way to divorce for their individual circumstances. The trepidation of a prolonged, costly, and stressful court divorce is prompting an increasing number of  couples to seek out routes such as mediation and collaborative family law which avoid going to court. Another option is arbitration where separating couples hire a ‘private judge’ to accelerate the outcome of their financial settlements. These processes were previously known as Alternative Dispute Resolution - because they provide alternatives to litigating in court. The language has now changed to refer to Dispute Resolution, the hope being that they will become the first choice and court the last resort.  I am not convinced that this is where we are now, but what is clear is that these options are often better choices than court as they promote a spirit of collaboration for spouses and parents to achieve the best future for their family, with the children’s best interests in mind. Over the coming weeks I will explain more about these  options and their advantages and disadvantages to help you to decide which is best for your unique situation. Our first article focuses on mediation. What is mediation?  Mediation is a means of resolving family disputes constructively. It enables you to keep  control over  decisions which will  affect the future of you and your family.  In the court process you potentially hand those decisions over to a judge, who does not know you or your family and knows nothing about what is important to you. Mediation is appropriate for most situations including the most financially complex. Who is involved in mediation? The private and confidential process takes place in a safe, impartial environment and involves a mediator like me, an independent third party who helps you and your ex to reach an agreement over key areas.   At the outset both of you sign an Agreement to Mediate so negotiations can continue on a ‘without prejudice’ basis. The number of discussions/sessions varies for each couple depending upon the complexity of the split. As a facilitator, the mediator assists, guides, and helps you to move dialogue forward. Many mediators, myself included, are lawyers and can provide extremely useful information about the law to inform your decisions. Whether or not they are legally qualified, mediators will recommend that you each  retain  your own solicitor who can provide specific legal advice where required during the process. What does success in mediation look like? A successful outcome in mediation can mean many things.  Many couples choose the mediation process to get to an agreement which is formalised in a binding Court Order. Often called a Final Order, this is a legal document which officially terminates your marriage without you having to go to court.  However, mediation has many other advantages, including developing a new way of communicating as separated parents. Is mediation compulsory? No. Mediation is a voluntary process. You may have read about a Mediation Information and Assessment Meeting (MIAM) meeting, usually relating to cases involving finances or children, which all divorcing couples are expected to attend before court proceedings are issued. These meetings are designed to inform  you both about alternative resolution schemes and to establish if the circumstances are suitable for mediation. What are the advantages and disadvantages? Mediation can result in a swifter resolution, reducing legal expenses which mount up in prolonged court cases between warring couples. Highly confidential, it is a more impartial and considered approach and can lessen the emotional impact of separation and divorce on children. What happens if mediation fails? Due to its voluntary nature, talks can be concluded at any time if headway is not made. However, there are many ways in which the process can be adapted to get over sticky issues and avoid failure. There is an increasing trend towards lawyers being present in mediation sessions to provide technical advice and support during the process, in particular where there are difficult dynamics and/or complex legal issues. Alternatively, disputed legal points can be determined by bringing in a neutral lawyer to give a view or even an arbitrator to give a binding decision on a particular issue. All of this can be done in the context of mediation. Jones Myers specialist family lawyers are at the forefront of non-confrontational routes to divorce such as mediation and collaborative family practice. For queries on mediation, divorce or family law, call 0113 246 0055 (Leeds) 01423 276104 (Harrogate), 202550 (York). Visit www.jonesmyers.co.uk, email [email protected] or tweet 01904 @helpwithdivorce Jones Myers blog is ranked 5th among the UK’s Best 20 Family Law Blogs to follow in 2026.
Jones Myers - December 18 2025
Family Law

THE BIGGEST FINANCIAL MISTAKES TO AVOID POST-DIVORCE

By Jones Myers Partner, Nicki Mitchell, Family Law Mediator and Collaborative Family Lawyer We have previously shared insights on staying on the right financial track during divorce, particularly if you have not had to deal with managing practicalities such as tax, standing orders, direct debits during your marriage. Our tips included vital areas such as Financial Disclosure, how concealing assets can incur stiff penalties - and why pensions are vital to include in financial settlements. In this article we look at key areas when planning your finances post-divorce. Obtain a formal Financial Order Once a financial settlement is agreed, it is almost always best for the terms agreed to be made final and binding in a Court Order. This legally binding document details the main assets owned by divorcing couples and sets out the financial arrangements agreed between them. The terms of an order are binding and can be enforced through the courts if there are any problems putting those terms into effect. It is important to understand that the divorce process itself does not dismiss financial claims which  can be pursued many years after the divorce has been finalised, provided the person bringing the application has not remarried. It is vital to have this conversation when separating. Avoid exceeding your budget I am not a financial adviser, but these are some pointers which might be useful to think about: Create a ‘to do’ list of all things financial (bills etc) and one for enjoyable things like breaks Consider having two bank accounts - one for day-to-day expenses and associated expenses, direct debits, standing orders and credit card payment. The second for savings for exceptional expenses - non-essential clothing, holidays, house repairs. Set out the absolute and exact payments needed every month for your house and family Know when your maintenance payments arrive and budget accordingly. Ensure standing orders don’t go out before monthly payments are due in Apply to your Council for council tax discount which applies if you are on your own or have younger children Expand your support network if you’re on your own or have children Take professional advice on preparing/budgeting for your retirement Make a will. If you have a pension or life assurance, ensure it includes your chosen beneficiaries and is updated. Review it every few years. Stay healthy in body and mind Spousal Maintenance and Child Maintenance  Spousal maintenance will usually be paid for a period of time to enable you to adjust to financial independence or when your financial needs are reduced, for example if you are unable to work through illness. Spousal maintenance will stop if you remarry or enter into a civil partnership or if either of you dies. It could also be affected if you meet a new partner and move in together Plan for when child maintenance child maintenance terminates. Child maintenance is payable for children under sixteen and youngsters under twenty who are still in full time education.   Consider Financial Planning Obtaining financial advice during settlement negotiations can be helpful. Many financial advisers use cashflow modelling, which examines how different settlement options might pan out in the future. In processes such as collaborative practice or mediation, it is quite common to bring a financial adviser into the process as a neutral to help the discussions. Further financial advice can then be taken on an individual basis when settlement terms are clear. Jones Myers works with tried and tested financial advisers who we can recommend to our valued clients. Financial advice pre-divorce and post-divorce can help you to stay on the right financial track as  you embark on the next phase of their lives. This article was originally commissioned for, and published in, The Divorce Magazine. 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 among the UK’s Best 20 Family Law Blogs To Follow in 2026.
Jones Myers - September 30 2025
Family Law

Why LANDMARK RULING STRENGTHENS CASE FOR PRE-NUPS

By Jones Myers Partner, Nicki Mitchell A Supreme Court ruling on whether substantial assets transferred between spouses during marriage should be divided equally on divorce - has reignited the importance of Pre-nups. The ‘big money case’ saw divorcee Anna Standish lose her legal case to keep almost £80 million which her affluent banker husband had given her in 2017 to put in offshore trusts for their children and to avoid inheritance tax. When their marriage fell apart in 2020, the money was still in her name, sparking a bitter, prolonged case which played out in the highest courts in the land. The outcome is a reminder of the importance of Pre-nups for all couples tying the knot, especially for high-net-worth individuals and families involved in estate and inheritance planning. Irrespective of a couple’s financial status, a Pre-nup helps couples to avoid the potential distress, acrimony, and expense of disentangling their finances if they split up. How to obtain a Pre-nup To enter into an agreement properly, the couple each need to obtain independent legal advice on the agreement Both must also have disclosed their assets to each other - and the terms of the agreement must produce a result that is fair and reasonable and meets needs The agreement should be negotiated and signed at least 28 days before the wedding. This allows both to obtain advice, have time to consider it, and make an informed decision on signing it Do courts uphold Pre-nups? Increasingly courts are upholding pre-nups on divorce if they are satisfied that the agreement was entered into freely, without undue pressure and with the benefit of full financial information and independent legal advice. As the law stands, a court still needs to approve the settlement at the point of divorce, ensuring the agreement meets the needs of both parties. If it does not, a different order can be made but this is likely still to take the terms of the Pre-nup into account to some extent. Are Pre-nups suitable for second marriages? Yes. The contracts can work particularly well for couples marrying for the second time where a husband or wife seeks to retain their own wealth if they separate. They can also protect the interests of children from previous relationships. Taking the time to draw up a Pre-nup before marriage can avoid financial and emotional heartache in a marriage breakdown. Jones Myers family law specialists are highly experienced in advising on Pre-nups and Post-nups. For queries on any aspect of family law, call Jones Myers at Leeds 0113 246 0055, Harrogate 01423 276104, or York 01904 202550. Visit www.jonesmyers.co.uk, email [email protected] or tweet @helpwithdivorce Jones Myers blog is ranked 5th in the UK’s Best 20 Family Law Blogs To Follow in 2026.
Jones Myers - September 17 2025