Peter Jones

How Does Mediation Work

Ant Wants Mediation, Lisa Wants her Day in Court – How Does Mediation Work?

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

The high-profile divorce between Ant McPartlin and his estranged wife, Lisa Armstrong, rumbles on with Ant keen to hold further mediation talks but Lisa appearing to be bent on having her day in court.

While Ant is looking to avoid a very public and fractious court divorce, Lisa is reported to prefer this route because half of the TV presenter’s £62 million fortune is ‘not enough’ for her.

Although now looking highly unlikely, a fresh round of mediation talks on how the £62 million is divided would take place between the former spouses and a mediator behind closed doors.

As this high-profile divorce rumbles on, here are some key questions about mediation:

What is mediation?

Mediation is a means of resolving divorce disputes constructively, wherever possible, and avoiding costly, public and stressful litigation in court.

The private and confidential process involves an independent third party, a mediator, who helps you and your ex to reach an agreement. Both of you sign an ‘Agreement to Mediate’ to enable negotiation to continue on a ‘without prejudice’ basis.

What does a mediator do?

The mediator facilitates a series of voluntary discussions – assisting and guiding you both to explore and discuss issues and helping to move dialogue forward. A successful outcome results in an agreement which is formalised into a binding court order without you having to go to court.

Can I keep my own solicitor?

Yes, mediation enables you both to retain your own solicitor who you can consult outside of the meetings.

What happens if the mediation talks are deadlocked?

Because mediation is a voluntary process, talks can be concluded at any time if headway is not made.

Can mediation save on legal expenses?

Mediation can result in a swifter resolution, reducing legal expenses which mount up in prolonged divorce cases between warring couples.

I’ve heard its compulsory – is this right?

Mediation is a voluntary process and is not compulsory. You may have read about a Mediation Information and Assessment Meeting (MIAM) meeting, usually relating to cases involving finances or children, which couples are expected to attend before court proceedings are issued.

These meetings are designed to inform both parties about alternative resolution schemes and to establish if the circumstances are suitable for mediation.

When is mediation not relevant?

In cases relating to domestic violence or child abuse one or other party may take the view that a mediation meeting is not appropriate.

Click here for more articles by Peter Jones

About Peter Jones 

 Peter Jones is one of the country’s leading divorce and family lawyers. A qualified arbitrator and mediator, Peter set up Jones Myers as the first niche family law firm in the north of England in 1992 and has acted for a string of high-profile clients.

Renowned for his sympathetic approach, he is a former national chairman of Resolution, a former Deputy District Judge – and instigated the D5 Group of law firms that promotes excellence in family law. www.jonesmyers.co.uk

You might be interested in

/

How to Decide if Arbitration is the Right Route in your Divorce

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

An increasing number of couples looking to avoid a lengthy, expensive and public divorce in court are turning to arbitration where an Arbitrator, also referred to as a private judge, decides the outcome of divorce settlements.

Jones Myers founder, Peter Jones, was one of the country’s first arbitrators when this option was introduced in 2012 to resolve differences on financial and property matters. In 2016 the scheme was extended to include disputes relating to children.

Based on our extensive experience, here are some key questions to help decide if arbitration is right for you.

What is arbitration?

Arbitration is in practical terms a private court designed to resolve the financial issues between the parties. You and your ex appoint an Arbitrator of your choice – based on their matrimonial knowledge and experience.

Arbitration preserves your privacy in contrast to going to court when your future is determined by a judge, who is unknown to you.

Another element in the court process which can cause considerable concern is the fact that it enables the media to attend and report on your case.

What does the Arbitrator do?

Arbitrators are independent and impartial third parties who have read all the information and fully understand the issues.

After listening to all the evidence and the representations made on your behalf, the Arbitrator will then make an award – which is similar to the court order but more comprehensive – and which is final.

The “hearing” will be at a venue agreed between you, often an office with sufficient conference facilities. At this session the Arbitrator listens to the relevant facts and evidence and, after considering your individual views, makes a binding ruling, known as an award.

Can I appeal against the award?

You can only appeal against the award in the most exceptional circumstances – i.e. if the Arbitrator misunderstood the law. No appeal is permitted on the basis that you did not like the result.

How long do arbitration cases take to resolve?

Going through arbitration is considerably faster than going to court and offers you and your ex a more flexible and convenient timetable. This speedier process also assists in reducing the level of stress and the financial costs.

What qualifications does an arbitrator have?

Family Law Arbitrators have been trained and qualified pursuant to the standards of the Institute of Family Law Arbitrators of which they are members.

They are invariably experienced family lawyers who are former judges or family law barristers or solicitors.

Click here for more articles by Peter Jones

About Peter Jones

Peter Jones, one of the country’s leading divorce and family lawyers, 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.

He is qualified to arbitrate on cases including financial and property disputes, the break-up of civil partnerships or disputes between cohabitating couples whose relationships have ended.

Renowned for his sympathetic approach, Peter is a a former Deputy District Judge and former national chairman of Resolution who instigated the D5 Group of law firms that promotes excellence in family law. www.jonesmyers.co.uk

You might be interested in

mention of a pre-nup agreement
/

Does the Mention of a Pre-nup Agreement Leave a Bad Taste?

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

The case of reality star Gemma Collins vowing to end the relationship with her boyfriend James ‘Arg’ Argent if he refuses to sign a pre-nup highlights how such contracts can be hard to digest.

Ms Collins’ announcement, which cited the non-disclosure agreement celebrity chef Paul Hollywood presented to his girlfriend Summer Monteys-Fullham and prompted their split, reinforces how such contracts demonstrate the ‘test’ of a relationship.

It is important to highlight that pre-nup agreements can be tailored to a couple’s present and future circumstances – for example by including an increase in provision which is dependent upon the amount of time they spent together.

An understanding of this element of flexibility and variation by both the proposer and recipient of the contract may go a long way to make it more digestible.

Prenups are sought for many reasons. Some couples embarking on their second marriage want to ensure that certain assets are preserved for their children from previous relationships. Others are keen to protect wealth which may have been in their family for generations.

In our experience, the majority of cases pre-nups are widely accepted as the sensible way for couples to avoid the potential distress, acrimony and expense associated with resolving financial matters, should they break up.

If embarking on a pre-nup, it is vital to finalise it in good time. Situations where the contracts can run into problems include when judges think they have been signed in haste and under pressure.

A judge will want to know that the financially weaker partner understood the agreement, was not under duress when they signed it, and took independent legal advice. Courts may ignore or vary pre-nups drawn up in haste.

We always advise that the agreement is signed at least 21 days before the wedding, making full financial disclosure and securing sound legal advice.

Click here for more articles by Peter Jones

About Peter Jones

Peter Jones is one of the country’s leading divorce and family lawyers. A qualified arbitrator and mediator, Peter set up Jones Myers as the first niche family law firm in the north of England in 1992 and has acted for a string of high-profile clients.

Renowned for his sympathetic approach, he is a former national chairman of Resolution, a former Deputy District Judge – and instigated the D5 Group of law firms that promotes excellence in family law. www.jonesmyers.co.uk

You might be interested in

Social Media and Divorce - What the Jeff Bezos Case Reveals

Social Media and Divorce – What the Jeff Bezos Case Reveals

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

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

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

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

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

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

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

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

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

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

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

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

Click here for more articles by Peter Jones

About Peter Jones

Peter Jones is one of the country’s leading divorce and family lawyers. A qualified arbitrator and mediator, Peter set up Jones Myers as the first niche family law firm in the north of England in 1992 and has acted for a string of high-profile clients.

Renowned for his sympathetic approach, he is a former national chairman of Resolution, a former Deputy District Judge – and instigated the D5 Group of law firms that promotes excellence in family law. www.jonesmyers.co.uk

Feature Image by William Iven from Pixabay

You might be interested in

no fault divorce and children of divorce
/

Why no Fault Divorce will be Less Damaging for Children

Published on
Peter Jones
Founder of
Jones Myers
Family Solicitors

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

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

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

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

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

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

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

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

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

Click here for more articles by Peter Jones

About Peter Jones

Peter Jones is one of the country’s leading divorce and family lawyers. A qualified arbitrator and mediator, Peter set up Jones Myers as the first niche family law firm in the north of England in 1992 and has acted for a string of high-profile clients.

Renowned for his sympathetic approach, he is a former national chairman of Resolution, a former Deputy District Judge – and instigated the D5 Group of law firms that promotes excellence in family law. www.jonesmyers.co.uk

You might be interested in

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

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

Published on
Peter Jones
Founder of
Jones Myers
Family Solicitors

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

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

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

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

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

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

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

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

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

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

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

Click here for more articles by Peter Jones

About Peter Jones

Peter Jones is one of the country’s leading divorce and family lawyers. A qualified arbitrator and mediator, Peter set up Jones Myers as the first niche family law firm in the north of England in 1992 and has acted for a string of high-profile clients.

Renowned for his sympathetic approach, he is a former national chairman of Resolution, a former Deputy District Judge – and instigated the D5 Group of law firms that promotes excellence in family law. www.jonesmyers.co.uk

Civil Partnerships Bill proceeds to committee in House of Lords

Amendments to be laid before the House in committee

Featured Photo by Gavin Penor on Unsplash

You might be interested in

Tini Owens Have to Remain Unhappily Married

Why Does Tini Owens Have to Remain Unhappily Married?

Published on
Peter Jones
Founder of
Jones Myers
Family Solicitors

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Click here for more articles from Jones Myers Family Solicitors

About Peter Jones

 Peter Jones is one of the country’s leading divorce and family lawyers. A qualified arbitrator and mediator, Peter set up Jones Myers as the first niche family law firm in the north of England in 1992 and has acted for a string of high-profile clients.

Renowned for his sympathetic approach, he is a former national chairman of Resolution, a former Deputy District Judge – and instigated the D5 Group of law firms that promotes excellence in family law. www.jonesmyers.co.uk

You might be interested in

/

Children and Divorce: How would ‘no fault’ Divorce Impact them?  

Published on
Peter Jones
Founder of
Jones Myers
Family Solicitors

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

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

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

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

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

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

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

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

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

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

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

About Peter Jones

Peter Jones is one of the country’s leading divorce and family lawyers. A qualified arbitrator and mediator, Peter set up Jones Myers as the first niche family law firm in the north of England in 1992 and has acted for a string of high-profile clients.

Renowned for his sympathetic approach, he is a former national chairman of Resolution, a former Deputy District Judge – and instigated the D5 Group of law firms that promotes excellence in family law. www.jonesmyers.co.uk

You might be interested in

Ignoring a financial consent order

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

Published on
Peter Jones
Founder of
Jones Myers
Family Solicitors

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

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

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

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

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

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

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

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

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

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

About Peter Jones

Peter Jones is one of the country’s leading divorce and family lawyers. A qualified arbitrator and mediator, Peter set up Jones Myers as the first niche family law firm in the north of England in 1992 and has acted for a string of high-profile clients.

Renowned for his sympathetic approach, he is a former national chairman of Resolution, a former Deputy District Judge – and instigated the D5 Group of law firms that promotes excellence in family law. www.jonesmyers.co.uk

You might be interested in

How do I avoid my financial settlement being rejected

How do I Avoid my Financial Settlement Being Rejected?

Published on
Peter Jones
Founder of
Jones Myers
Family Solicitors

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

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

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

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

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

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

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

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

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

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

Click here for more articles by Peter Jones

About Peter Jones

Peter Jones is one of the country’s leading divorce and family lawyers. A qualified arbitrator and mediator, Peter set up Jones Myers as the first niche family law firm in the north of England in 1992 and has acted for a string of high-profile clients.

Renowned for his sympathetic approach, he is a former national chairman of Resolution, a former Deputy District Judge – and instigated the D5 Group of law firms that promotes excellence in family law. www.jonesmyers.co.uk

You might be interested in

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

Published on
Peter Jones
Founder of
Jones Myers
Family Solicitors

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

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

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

Check you can apply for a divorce

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

Establish your grounds for divorce

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

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

Seek early professional advice

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

Avoid inflaming the situation

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

Telling your children

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

Click here for more articles from Jones Myers

 About Peter Jones 

Peter Jones is one of the country’s leading divorce and family lawyers. A qualified arbitrator and mediator, Peter set up Jones Myers as the first niche family law firm in the north of England in 1992 and has acted for a string of high-profile clients.

Renowned for his sympathetic approach, he is a former national chairman of Resolution, a former Deputy District Judge – and instigated the D5 Group of law firms that promotes excellence in family law. www.jonesmyers.co.uk

 

You might be interested in

Cash Equivalent Transfer Value

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

Published on
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.

You might be interested in

1 2 3