Jones Myers Ltd

Jones Myers Ltd

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Press Releases

Can mediation work for a financially complex divorce? 

Sadly, a misconception exists among divorcing couples, and some family lawyers, that the only way to terminate a financially complicated marriage is to fight it out in court.       As a qualified collaborative family lawyer, family law mediator and child inclusive mediator, I want to emphasise that this is not the case.  I have seen at first-hand how mediation has enabled clients to work constructively with their ex – even in the most complex situations.    With the right mediator, there is no reason why financially complex issues cannot be agreed through mediation. Mediation puts you and your ex in the driving seat and avoids the cost and stress of going to court.    A skilled lawyer mediator who is experienced in financial settlements can give really useful legal and technical information.    This can be particularly important in cases with complicated company structures, pensions etc as the right mediator will ensure that you both gain an understanding of the overall structure and so can make properly informed decisions.    In my opinion, it is often fear and lack of confidence that motivates people to rely on solicitors and courts to make decisions for them.    The law around financial settlements gives a very wide discretion to a court to make a financial order which is fair in the particular circumstances of the particular family.   Whilst good independent legal advice is key in supporting mediation, it must be right that those best placed to make decisions about what is fair is the couple themselves.  Mediation allows you to set the pace and discuss with a mediator and your ex confidentially the things which are most important to you such as finances and the welfare of your children.      Keeping communication channels open, it helps you both to work towards agreed arrangements which put your children’s interests first and meet your family’s long-term interests.   Mediation enables you to agree on momentous decisions such as how your financial assets are divided and the time you can spend with your children.   This differs dramatically from a court divorce where these critical factors are determined and imposed by a Judge who knows little about you and your family – and whose decision is binding.   Jones Myers is at the forefront of helping clients to reach solutions which do not subject them to the emotional trauma of litigation.  Our commitment to helping clients divorce in a non-confrontational way has seen us further expand our services to offer an integrated approach to mediation.   This entails us bringing together various processes such as mediation early neutral evaluation, or arbitration on discreet points of disagreement.   The processes - which seek to find bespoke solutions for our clients - also involve professionals including solicitors, IFA’s, divorce coaches, family consultants and accountants   We are proud to be among a handful of family law firms offering this combined approach.   In divorce, there is nothing more important than ensuring you and your ex can start a new chapter in a spirit of cooperation which is in your children’s best interests.      Nicki Mitchell, Jones Myers Family Law Mediator and Child Inclusive Mediator   
14 August 2024
Press Releases

How to achieve a fair financial settlement in your divorce  

The impact of divorce can be devastating – which is why our focus at Jones Myers is on helping our clients to reach a fair financial settlement without going to Court.  Emotions understandably run high for those undergoing divorce, and we need to do all we can to control those emotions because relationship breakdown involves families, often with children, who will continue to be families long after they have separated.   When it comes to finances, the matrimonial pot, in principle, is shared equally when you divorce. Exceptions include cases where couples have previously tied the knot and owned properties, shares, and investments in their former marriages. Also, in situations where meeting the financial needs of one of the parties, and in particular the housing needs of the children, means that an unequal division might be needed.  A starting point in securing a fair financial settlement that meets the needs of everyone is for both of you to undergo a ‘full and frank disclosure’ of each other’s financial situations in these three areas:     Assets – your house and other properties, savings, investments, shares, and businesses  Income – whether you are employed or self-employed, along with dividends and interest payments   Pensions – the type of scheme and value  You and your spouse are expected to provide information  detailing all your finances including bank account details and one year’s worth of statements for each account. Pay slips and other documents are also needed.    Doing this produces a detailed picture of the financial requirements you both need now - and going forwards - to protect you both.     The repercussions of failing to disclose all your financial assets during the disclosure process include loss of trust with your spouse – which can also make agreeing a settlement out of Court more difficult.   If your divorce goes to Court and a Judge discovers you have not divulged key financial information, you could lose credibility with the Judge and face ‘ligation misconduct’ which can include being ordered to pay your spouse’s Court costs.   If, having agreed a Consent Order - a legal document approved by the Court verifying how you will divide your assets, income, and pension - it later comes to light that you have withheld financial information, your spouse might be able to make future additional claims.    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.              While the prospect of planning your future finances may seem daunting at such a period in your life,  reaching a financial settlement that is mutually satisfactory, and will stand up to legal scrutiny, is vital.    Providing clarity and certainty to you and your spouse, it enables you both to look to the future with security, optimism, and peace of mind.  Neil Dring, Jones Myers Senior Solicitor  
14 August 2024
Press Releases

Jones myers appoints senior family law specialist

Jones Myers has appointed a senior family law specialist with almost four decades of expertise in relationship breakdown and financial settlements to head its Harrogate office.
21 March 2024