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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

While the festive season is a magical time of year, it can also be fraught with anxieties for divorcing and separating parents wanting to make Christmas special for their children.     Concerns over can understandably escalate over buying presents and providing outings for parents who do not have their own income streams. Below are some key insights into how Child Maintenance is assessed – and who pays for it. Child Maintenance Support How do divorcing/separating couples work out Child Maintenance? Child Maintenance is something which needs to be considered whenever separating couples have children, regardless of whether they were married or not and whatever their financial circumstances. The Child Maintenance Service (CMS), a stand-alone government body,  provides a formula for parents to calculate child support Calculate your child maintenance - GOV.UK. Most separated couples will use the formula as a basis for agreeing the level of child support to be paid and make informal arrangements for this to be paid directly. Divorcing couples have the option of including their agreement on child support in the order (often known as a consent order) which sets out their agreement as to how their assets, debts, pensions etc will be divided. Which parent is responsible for paying the support? The parent with whom the children spend less time will be responsible for paying child support to the other parent.  Where the children’s time and the child care responsibilities are shared equally between the parents then no child support is usually payable. If there is any dispute between the parents about whether this is the case then the CMS will generally assume the primary carer to be the parent who receives Child Benefit and assess child support accordingly. For how long does Child Maintenance continue? The paying parent is obligated to provide child maintenance until the child completes “qualifying education” which is generally full-time secondary education but can include other forms of ongoing study such as some apprenticeships. No child support is payable after the child attains the age of twenty. What happens if parents cannot agree on the level of support? If the parents are unable to agree then either one of them can make an application the Child Maintenance Service (CMS) for a calculation. The CMS will calculate the support payable using a six-step process. The various stages include determining the paying parent’s yearly gross income. The relevant parent usually provides this. However, the CMS can obtain the information from HM Revenue and Customs (HMRC) if the parents do not supply this. Factors, such as pensions and school fees, which could change the paying parent’s financial situation, are also assessed before converting the yearly gross income into a weekly figure. Key criteria the calculator draws on includes the number of children receiving the income and the level of what is called ‘shared care.’ This is based on how much time the child/children of the paying parent spends with them and includes overnight stays. What happens if the paying parent loses their job? Either parent can let the CMS know of a change in circumstance. The Agency will then re-evaluate and reduce the level of support the paying parent needs to provide based on the calculator system. What happens if the paying parent refuses to pay? The receiving parent can contact the CMS which would then take appropriate enforcement measures such as applying for a court order to take legal action. What happens if the paying parent dies during the support period? CMS payments would cease on the death of the paying parent. State benefits, such as Universal Credit, may be available to the surviving parent, depending on their circumstances at the time. Are there any other options besides the CMS for parents to agree Child Maintenance?    Agreements between parents can be negotiated with support from experienced family law experts such as Jones Myers. Our specialist services include collaborative family law and mediation - a non-confrontational option for parents to reach a solution in a spirit of co-operation which puts their children’s best interests first. As a qualified Mediator and Child Inclusive Mediator I regularly see at first hand the  benefits of the mediation process for parents, children and the wider family. Author: Nicki Mitchell

Jones Myers is supporting a global campaign to raise awareness of domestic violence which can have a profound impact on victims.  The initiative, called 16 Days of Action Against Domestic Violence, starts on November 25th, the International Day for the Elimination of Violence Against Women and finishes on International Human Rights Day on December 10th. Domestic violence occurs in all levels of society - regardless of race, gender, wealth, or age. The campaign brings together individuals, organisations, and communities to promote a world free from domestic violence. Victims of its devastating effects - which can be emotional, physical, or sexual - feel wide-ranging negative emotions such as anger, shame, fear, isolation, resentment with many self-harming. Many parents who are subjected to domestic violence are also anxious of its impact on children, fearing that they too can become targets. If you are a victim, Jones Myers can provide legal assistance to victims and their families who require protection from their abusers. With extensive experience in high conflict cases, we help victims to take out emergency applications and injunctions. They include a Non-Molestation Order and an Occupation Order made by the Court which protects  you and your children from abuse or harassment by your partner or spouse and prevents them from living in your home. In confidential consultations, our highly skilled and sensitive family law specialists discuss all your options and advise on the way forward. Organisations which assist with domestic violence include IDAS, Yorkshire’s largest specialist charity. Supporting those affected by domestic abuse and sexual violence, it also offers a free online Live Chat support for survivors. Visit www.idas.org.uk Author: Anthony Parrish

The demands and challenges of today’s modern world see grandparents play a formative role in their grandchildren’s upbringing, wellbeing and development. Sadly, these vital bonds can be severed if the children’s parents’ divorce or separate. Here are some questions we are often asked about grandparents’ rights. What are grandparents’ rights? As the law stands, grandparents have no automatic legal right to contact with their grandchildren. What happens if the parents break up? The role and contribution of grandparents, which is celebrated on Sunday, October 6 this year, takes on an even greater importance during divorce and separation when their homes can become a stable haven away from the stresses and strains of their parents’ break up. The loss of such intimate connections can impact upon a child’s emotional welfare and be detrimental to their overall wellbeing. In situations like this it is possible for grandparents to make an agreement with the children’s parents regarding contact with their grandchildren. Arrangements can be agreed informally, or through a formal agreement drawn up by experienced family lawyers like Jones Myers. Agreements often include when grandparents can visit their grandchildren and /or contact them by phone or email, and any other provisions they wish to make. Is mediation an option in such cases?   Yes, family mediation offers a non-confrontational option where grandparents and parents can commit to reaching a solution in a spirit of communication and cooperation. How does mediation work? An experienced and impartial mediator like me would have a confidential Mediation Information Assessment Meeting (MIAM) with the grandparents. After establishing that this option is the right way forward, the mediator meets separately with the grandchildren’s parents. Both parties then sign an ‘Agreement to Mediate,’ enabling negotiations to continue on a ‘without prejudice’ basis. Both grandparents and parents can each appoint and retain their own solicitors who can, where appropriate, also attend the mediation discussions and consult with them outside of the meetings. Agreed arrangements for contact with grandchildren can be compiled in an agreement signed by parents and grandparents. The process can be completed in as many or as few meetings as are required to reach agreed solutions. What if the children’s parents refuse to mediate?  In situations where an agreement cannot be reached, grandparents can apply for permission from the court to apply for an order, known as a Child Arrangement Order from the Family Court to see their grandchildren. Experienced family lawyers like Jones Myers can also assist and guide our clients through this process. The emotional and physical bonds between grandparents and their grandchildren are unique. Ensuring their continuity will go a long way to enhance their grandchildren’s stability and advancement in their formative years ahead. Author: Nicki Mitchell

A study which found that just one fifth of divorcing couples considered pensions when dividing their assets reinforces how their importance as  a valuable asset in relationship breakdown remains overlooked.   Almost 30% of participants in the Legal & General study said that they had actively waived their rights to the value of pensions, which can help to provide for separating parties in retirement.   As the second highest value asset in a divorce settlement after the family home, pensions often make up on average 42% of the household wealth.    They are vital in the financial disclosure process of divorce which entails producing a full statement of divorcing couples’ current earnings and assets. The disclosure includes full details of all pensions including state pensions, along with the value of each one.   The financial statement aims to ensure that detailed negotiations can take place and enable both ex-spouses receive a fair settlement which could include a division of the pension benefit fund.   Pension sharing, the most popular method of reaching a divorce settlement, enables a clean break between parties in respect of capital claims. In most cases the pension fund permits a transfer of a percentage of the pension to another pension provider.  The pension share is not compulsory. In some instances, a party may prefer to take a greater share of the family’s home or other capital, abandoning any claim against the other party’s pension.   It is important to assess how the parties’ finances will be in the years ahead to avoid and any longer-term financial problems.      Some divorces may involve several pension arrangements so it is important to consider which ones should be shared - and to what extent. Expert advice from an Independent Pensions Adviser will help with this along with a valuation and projected future incomes.   The pension share may be internal (when the recipient becomes a separate member of the same pension scheme) or external, with funds being transferred out of the main scheme to a different pension provider. It must be invested in an existing or new arrangement of the receiving party and utmost care should be taken to obtain details of the cost of any transfer. The Court will look at the needs of the parties and what other assets are available for distribution.  Pensions can be a complex area in divorce, which is why This Pensions Advisory Group produced a Report in 2019 aiming to give clear guidance to individuals, lawyers, judges and courts on dealing with it.  While receiving widespread support which included leading Family Court judges, the reality is that pensions are considered in too few cases and are not properly understood.   A revised and updated second edition of the Report was published in January this year. The potential complexity of the wide-ranging issues involved is illustrated by the Report running to 192 pages.  Recent changes in divorce law have meant that the risk of pensions being ignored, resulting in future financial problems, has increased.   New legislation called “No-Fault Divorce” introduced in April 2022 - which enables people to apply for a divorce without using a lawyer - is a welcome and long-overdue change.   However, the danger is that many will fail to seek advice from a lawyer in relation to finances and particularly pensions, and so risk losing out on pension sharing provision that they should legally be entitled to - and have earned over the course of a long marriage.  Our experts at Jones Myers can advise on whether you are entitled to a share of your spouse’s pension, options for protecting your pension and how to deal with pensions during divorce.  The Chambers 2024 describes us as being “Well versed in cases involving shareholder issues, property portfolios and complex pension schemes”.   For queries on pensions or any aspect of family law, call 0113 246 0055 (Leeds), 01423 276104 (Harrogate), or 01904 202550 (York). Visit www.jonesmyers.co.uk, email [email protected] or tweet us @helpwithdivorce  Jones Myers blog is ranked among the UK’s Best 25 family law blogs and websites to follow in 2024.    

Jones Myers niche family law firm has moved to contemporary new headquarters in the heart of Leeds. The city centre offices at Carlton Tower, 34 St Paul’s Street, reflect the award-winning practice’s client-focused approach and commitment to consistently deliver excellence in family law. Richard Peaker, Jones Myers managing partner, said: “As one of the first family law practices of our kind to be founded in Leeds over thirty years ago, we are proud to retain our headquarters in this vibrant city. “Our reputation sees us receiving referrals from valued clients on a regional, national and international level due to the extensive expertise of our specialist family lawyers who include our own in-house barrister. “There is a great buzz in our new base, and we are delighted to receive positive feedback from our valued team, clients, and partners.” The development coincides with Jones Myers retaining its Number 1 ranking in both Chambers and Legal 500 guides for almost three decades. Chambers 2024 edition highlights the firm’s expertise in financial remedy proceedings and cases involving shareholder issues, property portfolios and complex pension schemes. It also includes client testimonials who applaud the practice’s knowledge and support as ‘exceptional’. The latest Legal 500 guide describes how the practice ‘goes from strength to strength’, and how its expansion to offices in Harrogate and York: ‘ensures that their dedicated brand of family legal advice is available to more of the general public.’ Jones Myers commitment to recognising tomorrow’s talent includes supporting the achievements of law graduates at Leeds Beckett University. Since 2020 the firm has awarded the Jones Myers Prize for the Best Overall Performance on Master of Laws of England and Wales to a Leeds Law School student. Wide-ranging pro-bono initiatives include an ongoing partnership with Henshaws charity which boosts the quality of life for over 7,000 service users with sight loss and wide-ranging disabilities.  

Niche family law firm Jones Myers, is again included in eprivateclient’s  top family law firms which acknowledges the country’s best private client law practices. The accolade for 2023 is based on an annual survey conducted by eprivateclient - a division of PAM Insight which provides specialist news, analysis and comparative data for international wealth management. Jones Myers partner and in-house counsel, Andrew Fox, said: “Consistently delivering excellence in family law though bespoke solutions in relationship breakdown lies at the heart of everything we do. “Our continued inclusion among eprivateclient’s premier family law firms acknowledges our standing on a national level. It also reflects the extensive expertise of our specialist family lawyers. Well done to our talented teams across Leeds, York, and Harrogate.” The news coincides with a series of milestones for the firm. They include moving headquarters to contemporary new offices in Leeds city centre and retaining its Top Tier rankings in Chambers and Legal 500 UK guides for almost three decades. Chambers 2024 edition applauds Jones Myers as: “a dedicated family team in Leeds that is noted for its ability to handle complicated children’s cases, including matters concerning abuse, abduction and exploitation”. Highlighting the practice’s expertise in financial remedy proceedings and cases involving shareholder issues, property portfolios and complex pension schemes, it includes testimonials from clients who praise its knowledge and support as ‘exceptional’. Legal 500 commends Jones Myers as going from strength to strength, highlighting how its expansion to offices in Harrogate and York: ‘ensures that their dedicated brand of family legal advice is available to more of the general public.’ Among the first family law firms of its kind to be founded in Leeds in 1992, the practice’s award-winning family lawyers are also again included in this year’s edition of Best Lawyers in the United Kingdom based on peer recommendations.  

The fear of starting all over again and all the financial worry that can bring with it can understandably have a profound effect on many people going through divorce or separation. This fear can be particularly acute for those who have not had to deal with financial practicalities such as tax, standing orders and direct debits during their relationship. If you are going through divorce or contemplating it and are concerned about future finances, this article will help to keep you on the right financial track throughout your divorce and beyond. Be Open and Honest Not sharing financial information during a relationship can contribute to problems during divorce proceedings. One spouse may have no idea where the budget line is – or even where it should be drawn – and may have unrealistic expectations of what they are entitled to, or what is a realistic and affordable. One spouse may have hidden savings or income from the other or scrutinised the other’s spending without being transparent about their own. On divorce, there is nowhere to hide. It is fundamental that both spouses fully and frankly disclose everything they have to each other as a starting point for an informed negotiation. The Importance of Financial Disclosure    In every divorce, separating couples must provide to the other full details of their assets, income, pension and liabilities.   This is known as financial disclosure. Financial disclosure ensures that both spouses can make fully informed decisions about what they consider to be a fair settlement. A failure to disclose anything material to the settlement can in some cases lead to an agreement being set aside. Lawyers and judges know every trick in the book and will ask questions if they suspect that money has been concealed. They may even employ forensic accountants to track down missing assets. Don’t be tempted to hide money in offshore banks. These still have to be disclosed.  If you do not provide everything that is necessary to understand the financial position, family courts have the power to question your accountant, your financial advisor and even your bank manager. Setting up a new business shortly before separation may well be seen as suspicious or even a deliberate attempt to hide assets.  Taking steps designed to put money beyond the reach of your spouse could lead to injunctions being made against you, freezing assets, or ordering the return of monies from third parties.  In the long run, actions such as these are highly unlikely to succeed and will almost certainly damage your credibility in the eyes of the court. The Penalties of Concealing Assets If it later comes to light that you have withheld material financial information during the financial disclosure process, your spouse might be able to ask the court to set aside the Financial Consent Order and relook at what would be a fair order - taking into account all the assets, including those not previously disclosed. The court can also make an order that you pay your ex’s legal costs. In the worst-case scenario, deliberately withholding financial information in breach of a court order can amount to a contempt of court for which a range of penalties (including ultimately imprisonment) could be imposed. Include Pensions in Financial Settlements Frequently overlooked in financial settlements, pensions are frequently one of the most valuable assets of a marriage. They often make up the second highest- value asset in a divorce settlement after the family home - or sometimes the highest. It is key that information about pensions is made available in the financial disclosure process which must include details of all pensions, including state pensions - and the value of each one. The most common way in which a disparity in pensions is addressed in a divorce settlement is pension sharing.  Pension sharing splits the pensions immediately and provides a clean break As an alternative, 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.  Pensions are complex and, save in very straightforward cases with pensions of limited value, it is important to get specialist advice about them before agreeing a settlement. 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. Consider Financial Planning It can be helpful to have financial advice during settlement negotiations.  Many financial advisers use cashflow modelling, which can be a valuable way of 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. Get 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 is a legally binding document which 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. Putting off the conversation at the time of separation can sometimes just be kicking the can down the road. Try to 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 an aspirational list to set goals for enjoyable things such as treats and breaks Consider having two bank accounts - one for day-to-day expenses for the house, food, car and associated expenses, direct debits, standing orders and credit card payment. The second is for setting aside some savings for exceptional expenses such non-essential clothing, holidays, and 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 your monthly payments are due in Apply to your Council for a 25% council tax discount. The concession applies if you are on your own or have younger children Expand your support network if you’re on your own or have children. Now is an ideal time as the country emerges from lockdown Take professional advice on preparing and budgeting for your own 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 spirit – try new things. You could also consider engaging a life or Divorce coach who specialises in helping people in your situation prepare for their new future Spousal Maintenance and Child Maintenance Remember that 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, when your children finish school or university, or leave home. Be aware that your 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 It is also important to plan for when child maintenance – which is mandatory for both parents for children under sixteen and youngsters under twenty who are still in full time education – comes to an end. As part of our holistic approach, Jones Myers advises and guides our clients through the stages of divorce during and after their divorce. A champion of non-confrontational divorce and resolving issues in a spirit of collaboration and cooperation, our extensive expertise includes alternative to avoid courts which include mediation and collaborative family law. Our pre-divorce and post- divorce support includes helping them to stay on the right financial track as they embark on the next chapter of their lives. ABOUT NICKI MITCHELL With extensive experience in family law, Nicki specialises in the financial aspects of relationship breakdown - and particularly complex cases involving family businesses, multiple properties, and complicated pension arrangements. A skilled Mediator, Child Inclusive Mediator and Collaborative Family Lawyer, Nicki champions Alternative Dispute Resolution processes which avoid a lengthy court process and can lead much more quickly and cost effectively to a successful resolution. Her exceptional track record also includes advising clients on the more traditional methods of resolving issues surrounding family breakdowns. [email protected] This article was originally commissioned for, and published in, The Divorce Magazine. Authored by Jones Myers Partner Nicki Mitchell - Mediator, Child Inclusive Mediator and Collaborative Family Lawyer        

Jones Myers has been awarded another Band 1 ranking in Chambers UK 2024 legal guide - just two weeks after retaining its top status in the Legal 500 guide. Chambers latest edition applauds the niche family law firm as: “a dedicated family team in Leeds that is noted for its ability to handle complicated children’s cases, including matters concerning abuse, abduction and exploitation”. Highlighting the practice’s expertise in financial remedy proceedings and cases involving shareholder issues, property portfolios and complex pension schemes, it features testimonials from clients who praise the firm’s knowledge and support as ‘exceptional’. Managing partner Richard Peaker, who heads the Financial Remedies Department, is named as Leading Individual with: “…bags of experience, which means that he knows how to negotiate and manage client expectations.” Also lauded as ‘exceptional’ is fellow Leading Individual Kate Banerjee, who heads the Children’s Department. The guide says: “Kate Banerjee is the best children law solicitor there is in the North of England. She is enormously experienced and has a fantastic manner and way of dealing with things.” Partner Nicki Mitchell, a collaborative lawyer and accredited family mediator with extensive expertise in matrimonial finance disputes who heads Jones Mayers York office, is also commended as: “…very pragmatic, sensible and able to come to a positive solution. She is very experienced and ADR focused.” Said Nicki: “We are proud and delighted to retain our number 1 ranking in both Chambers and Legal 500 for almost three decades, re-enforcing our standing as leaders in our field. “The acknowledgement is wholly attributable to the commitment of our teams across Leeds, York and Harrogate who lead the way in delivering excellence in family law. Enormous thanks to our valued employees and clients.” With headquarters in Leeds and offices in Harrogate and York, Jones Myers was among the first family law firms of its kind to be founded in Leeds in 1992.  

Organising school holidays can test even the most robust relationships as parents juggle work commitments with a myriad of children’s activities.   Busy schedules also have to be rejigged at short notice when the unexpected happens, such as children falling ill.    For divorced and separated parents, many of whom do not have a support network, the above can be even more challenging. As Easter looms, the school break - which is vital for children to recharge their batteries - can bring  even greater disruption to daily patterns. The Importance of Communication, Cooperation and Compromise In our extensive experience, effective organisation, communication and collaboration between estranged parents are vital both during and outside school terms to ensure children’s best interests always come first. The formula below helps to ensure stability in a shared commitment to children’s wellbeing while avoiding the court route - for which there is limited public funding - to determine arrangements. Involve Children in Plans During all school holidays, children will want to spend as much time as possible with both parents, their wider family including grandparents, and friends. It is the responsibility of both parents to try to achieve this and may result in one parent spending less time with their child(ren) during the break. Children and young people need certainty and security so let them know as far in advance as possible how, and with who, their holiday will be spent. This gives them time to adjust to any new arrangements. Keep Talking and Communicating       Set aside your differences to always put your children’s interests first. Aim to plan school holidays as much in advance as possible so you can organise logistics such as travel, playgroups and sporting activities. Be Flexible   In cases where a court is involved, parents will be referred to a Planning Together for Children course  which helps them to understand how to put their children first while undergoing separation. The four-hour course helps parents learn the fundamental principles of how to manage conflict and difficulties. For more information, visit https://www.cafcass.gov.uk/parent-carer-or-family-member/my-family-involved-private-law-proceedings/help-planning-together-children The Importance of Parenting Plans  Our dedicated, multi-award winning Children’s Department balances children’s and parents needs in wide-ranging issues. Working closely with our clients, we devise the most suitable arrangements for children both now and in the formative years ahead. We also highly recommend that separating parents have a Parenting Plan in place. This is a written plan which helps them to work out practical decisions in areas including communication, living arrangements, money, religion, education and emotional well-being. Providing a valuable reference point, it helps everyone involved to know what is expected of them. The actions and decisions of separating and divorced parents can play a formative role in ensuring  their children’s emotional happiness and well-being though their journey to adulthood. This article was originally commissioned for The Divorce Magazine. For divorce or family law related issues including children, call us at Leeds on 0113 246 0055, Harrogate on 01423 276104, or 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