Compromise key to an amicable settlement

Amicable settlement

By Peter Jones, Partner

The headlines make for grim reading: long term unemployment is at its highest level since 1996; income growth has slowed to 0.6 per cent, well below inflation; the Eurozone crisis deepens and the Bank of England has cuts its growth forecast to around 0.8 per cent, indicating that the economy won’t return to its pre-crisis status until 2014.

Add to that the withdrawal of interest-only mortgages and increases in Standard Variable Rates from major mortgage lenders, and each month adds to the tally of households which are feeling the squeeze to an unbearable degree.

So where does this leave couples whose relationships have already hit the rocks, for whom the financial climate brings the Catch-22 of heaping further stress on the pair whilst also leaving them with difficult financial decisions for the future if their marriage ends in divorce? Continue reading

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Who has the right to determine a child’s best interests?

Protect our children

By Peter Jones, partner

The cat is once again amongst the proverbial pigeons, following the announcement in this week’s Queen’s Speech that fathers may gain additional rights to see their children after a family break-up.

It has been confirmed that a consultation, the Children and Families Bill, will examine legal options to ensure that “where it is safe and in the child’s best interests” both parents will have a more equal relationship with their children after a family break-up.

But who really has the right – and the ability – to decide on a child’s best interests?

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Why it’s not about marriage versus cohabitation

marriage3

By Peter Jones, Partner

The news pages and airwaves have been buzzing this week following the announcement that, in a highly unusual move for a serving judge, Sir Paul Coleridge has launched a campaign to promote marriage.

Backed by senior legal figures and Church leaders, Sir Paul’s comments divided the nation over whether marriage really is the solution to cure society’s ills, or whether living together can be just as fulfilling and beneficial to the family unit.

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Why we shouldn’t be too quick to ‘scratch’ the seven year itch

Seven-year itch?

By Fiona Kendall, Partner

The notion of the ‘seven year itch’ – the magical term indicating when partners in marriage are deemed most at risk of straying – has officially been consigned to history, if the latest survey information  is to be believed.

A study of 1,500 couples by the parenting website Netmums, found couples are now four and a half times more likely to split after three years than the ‘traditional’ seven. Couples with young children are particularly affected; many are under increasing pressure to balance jobs with home life and to share the responsibilities in a way that satisfies all parties. Continue reading

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Royal Court of Guernsey coup for Jones Myers lawyer

Image of David McHardy being sworn in, courtesy of photographer Brian Green
By David McHardy, Essex office
Did you know that the Channel Island of Guernsey has a separate jurisdiction to England, Wales and Jersey, which has evolved from Norman French law? Guernsey, a British Crown dependency but not part of the UK or EU, even has its own version of the Human Rights Act. Not a lot of people know that…

I have just had the honour of being sworn in for a third tenure as Lieutenant Bailiff in the Royal Court of Guernsey. The role of the Bailiff is an ancient one, rooted in the 13th Century, with the present incumbent being the 88th appointment in 742 years. Continue reading

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FAQs on family law arbitration

happy_divorce

The family law arbitration scheme has settled nicely into place eight weeks after being launched. In the interim much has been written about its benefits, not least of which is that it will be quicker and simpler than the court process – and a good deal less emotionally upsetting for all concerned.

Arbitration enables couples to resolve family disputes out of court by appointing an experienced, specially trained family lawyer to arbitrate. As just such a lawyer – in fact, the first in Leeds and one of only four in Yorkshire – Jones Myers partner Peter Jones responds to some common questions he has been asked about the new scheme. Continue reading

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A civil outcome – why the Lawrence/Gallagher judgment is a landmark

civil partners

In the last few days a landmark case has concluded in the Court of Appeal – but blink and you might have missed it.

The Lawrence/Gallagher case may have briefly hit the headlines before passing quietly into media archives, but the judgment is remarkable for several reasons. Not least of these is the matter-of-fact conclusion that the same rules that apply to a marriage breakdown should also apply to division of assets on dissolution of a civil partnership. Continue reading

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Knights in shining armour? Family law arbitration rides to the rescue

Knights templar

By Peter Jones, partner

In a fascinating echo across nine centuries of history, the launch of family law arbitration in England and Wales was marked by an event held at the Inner Temple in London this week, which I was honoured to attend. Continue reading

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When a bonus is not a bonus

empty-pockets

By Peter Jones, partner

Despite the government’s move to reduce the burden on the courts by encouraging warring couples to undergo mediation or arbitration, it looks as though our judges will still have just as much on their plates in the coming months and years. Thanks to changes in the way that senior executives are paid in this challenging economic climate, more and more divorce settlements from the last decade in particular are likely to be subject to review.

Public and political outrage over Britain’s bonus culture was just revving up in 2008 when former Prime Minister Gordon Brown, among others, declared that irresponsible pay-outs had contributed to the financial crisis.

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Why we should celebrate mums every day of the year

Mother's Day

By Peter Jones, Partner

What does your mum mean to you? It is Mother’s Day in the UK this Sunday and over the coming months a similar event will be celebrated across the globe. It’s only right that we should dedicate a day to mums everywhere as they play such a vital part in the upbringing of children. (So do dads, of course – and we’ll be honouring the men of the house in a later post, near to their own celebratory day.)

Whenever and wherever it is celebrated, the point of Mother’s Day is to reflect on the importance of those who nurture children – something in which we believe wholeheartedly here at Jones Myers LLP.

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