Unfortunately when things go wrong in these marriages, relocation after divorce is an issue that affects a large number of multi-national families – causing heartbreak to the parent who is separated from their children, as well as to the children themselves.

The family lawyers group Resolution estimates there are over 1,000 cases a year in which courts grant a parent permission to leave the UK with their offspring following a divorce.

However a recent landmark case highlighted how an expat Canadian living in the UK was forbidden from taking her two young children back to her home country after a divorce – a decision which could catapult children’s rights into the spotlight and have implications for thousands of expats in the UK.

In this particular case, the Canadian mother wished to move back to Canada with her two daughters, aged four and two, after her marriage breakdown. Feeling lonely and isolated in England, she argued that she should be allowed to return to her homeland.

A judge did in fact rule that she could return, but her ex-husband, and father to the children, appealed. The Court of Appeal ruled against the mother relocating because it would deprive her children of the important role that their father, who shares joint residence, played in their lives.

Here at Jones Myers our children’s team have a wealth of experience in international cases, which can have traumatic consequences for children and parents alike when they result in families being ripped apart and sometimes separated by thousands of miles.

The past decade has seen a trend by the courts to allow applications by one parent to move abroad, on the basis that if they were forced to stay they would be unhappy and the children would suffer as a result. It’s therefore heartening that this case points to a welcome shift towards a more child-centric attitude.

More than anything, the case highlights how scrupulous family courts will now have to be to ensure that the welfare of the children is made an absolute priority in any relocation applications.

If you are in such a relationship that has broken down, it’s vital that you and your partner discuss where you each want to be and – where would be best location for the children. Can the problem be solved by a long-term plan being agreed? If you can work things out together, or with the help of an experienced lawyer, then you can continue to fully parent your children without resorting to the courts.

For more information contact us here.

As a firm of experienced team of family and divorce lawyers – which is consistently described as a ‘leader in the field’ by legal guides Chambers and Legal 500 – Jones Myers has been a vociferous campaigner of the rights of cohabitating couples for many years.

In our opinion, the rejection by the government to take forward the Law Commission’s recommendations to give unmarried couples financial rights – is an abomination and an outrageous dereliction of duty.

There are approximately 2.3 million couples living together in the UK who are not married. By 2031, it is predicted that this will increase to 25 per cent of all couples – and yet none of those couples have any rights to capital or money on breaking up.

The justice minister Jonathan Djanogly has said the government is keen to increase mediation in lieu of reform but we dismiss his words as ‘absurd’ as there is no basis for mediation if unmarried couples do not have any rights.

We are now calling on couples who feel vulnerable and left out in the cold following the government’s decision to write to their local MP or contact our founder Peter Jones on 0113 246 0055 or email peter.jones@jonesmyers.co.uk.

As a firm that specialises in the collaborative approach to family law, and one of the pioneers of the movement here in Yorkshire, we at Jones Myers are particularly interested to read Grant Thornton’s findings on the effects being felt nationwide from the new government requirement for all potentially separating couples to attend a compulsory mediation assessment meeting.

Reflecting the experience of our own team of family lawyers, we weren’t surprised to discover that the survey reveals the reservations of lawyers across the country about the government’s money-saving push for mediation.

In particular the survey highlights that almost 40 per cent of lawyers share concerns that mediation should be about agreement between the parties, making it the most appropriate option rather than a statutory requirement.

As trained and experienced mediators we know that mediation can, and often does, help clients to negotiate their own agreements and avoid resorting to the courts. But as a way of reducing the strain on the justice system, compulsory mediation is a hopelessly blunt instrument that could actually do more harm than good. 

The fine print of the new rules makes clear that mediation itself is not compulsory – simply attendance at a meeting to learn about the process – but this fine print has passed most people by.  Where there’s a power imbalance in the separating couple’s relationship or one party is not prepared to be open with the other, mediation may not work and instead expose vulnerable clients to unproductive contact with their former partners.  

Turning to collaborative family law, we are pleased to see widespread support for a process that aims to reduce the stress of separation for couples and their families, finalising a split without going to court. Yet while the collaborative process, sometimes dubbed the “pain-free way to divorce”, was overwhelmingly considered to be cheaper, quicker and less stressful for clients, it was interesting to note that fewer than half of the lawyers surveyed (44 per cent) were collaboratively trained.

At Jones Myers we have seen the enormous benefits that the collaborative approach to divorce can deliver to our clients. Share your thoughts with us below or email us.

For too many middle income families though, the prospect of a clean-break divorce is simply unachievable, and couples, and their lawyers, are being forced to be ever more innovative to achieve a settlement.

A toxic mix of increasing prices, redundancies, threats to job security, tougher lending criteria by mortgage lenders and adult children continuing to live at home well into their early twenties, have conspired to lead to a change in middle-income divorce settlement solutions. For many, that settlement often includes keeping some sort of financial relationship between the separating couple.

Among such arrangements are orders for sale of the former matrimonial home, where the sale is postponed until the youngest child reaches 18 or finishes full time education or training . 

Traditionally, like most family lawyers, we have tried to avoid these sorts of orders because of the inherent difficulties they can cause. Very often the upshot is that the wife is forced to sell the family home – or raise capital to buy out her former husband’s interest – at a time in her life when she may struggle to get mortgage finance.

We know that divorce can be a financial minefield as well as a traumatic experience. So at Jones Myers we take time to discuss all your options and to create a route map towards a resolution that will minimise the financial and emotional cost to you and avoid financial arrangements that create further pain and disruption, now and in the future.

A highly experienced family law team, we pride ourselves on talking through the issues with clients and giving sound advice that is right for each individual and family, whatever your circumstances.

The collaborative approach, which we’re proud to have been one of the pioneers of here in Leeds, can provide a more civilised and less costly solution for many couples. Collaborative Family Law aims to reach a settlement amicably, and without going to court. It is also often a far speedier way to separate – which can be a huge benefit for couples trapped in the limbo of enforced co-habitation.

Alternatively, we have an enviable reputation for our non-confrontational approach and negotiating solutions to emotionally complex problems.

For more information, or to share your thoughts, contact us here.

The study followed people from 1986 to 2008 and monitored changes in body mass index and marital status. It discovered that, although marriage too could trigger weight gain, the newly divorced were up to 22 per cent more likely to put on weight after separating from their partner.

As a divorce lawyer of many years’ standing and as part of our highly experienced family law team here at Jones Myers, we work with our clients to ensure that the separation process does not need to be an agonising and traumatic experience which will take them up the path of going to court. 

We do our utmost to reduce our clients’ stress levels by talking through with them all the options at the outset, because in our experience, making them a party to the decision making process always alleviates anxiety. The biggest worry for a client is fear of the unknown – which is why we take the time to manage their expectations and discuss the legal process and the variety of options open to them.

Our approach to relationship breakdown is to minimise the emotional and financial costs. Mediation can be a valuable first step towards a less stressful approach, and we have a expert team of accredited mediators. We find that encouraging communication between both parties often means that, with the catalyst of an impartial mediator, issues can be resolved quickly and constructively.

Jones Myers is also proud to be one of Yorkshire’s pioneering firms in the movement towards collaborative law which is driving forward a more amicable way for couples to part. Collaborative family law (CFL) enables clients and their lawyers to take a level-headed view of the situation and agreement is reached at the beginning of the divorce process to resolve issues and achieve an amicable settlement without the stress of going to court. In CFL we work with life coaches who can help to manage the life-changing effects of divorce on families, friends and even employment.

We pride ourselves on our caring approach and always treat our clients as individuals. At Jones Myers we know that every relationship breakdown is tough, but our team of divorce experts will always do all they can to ease the stress of separation for you and your family and guide you towards resolution. For more information, or to share your thoughts, contact us here.

On a number of occasions, he has publically stated he could not have created his business without his wife Zanna, who has supported him throughout his career.

Many ventures in the catering and hotel industry are family-run and a split in the husband and wife relationship – often referred to as “co-preneurs”- can severely damage the business if it is not resolved swiftly.

Blumenthal’s break up is the latest in a line of high-profile chefs including Rick Stein, Marco Pierre White and Tom Aikens who have all divorced their business partners.

When beset with this situation, the importance of reaching a financial solution can help prevent personal emotions from impacting negatively on a company and its staff.

With divorce acknowledged as one of life’s most stressful experiences, the additional challenge for small and medium-sized enterprises is to ensure the company’s direction focus and vision are sustained through this period.

Many couples also employ their children in the family business – increasing the importance of a smooth transition to safeguard their sons’ and daughters’ respective roles.

The most complex cases to resolve are where husband and wife teams own joint shareholdings as “co-preneurs” and are both seeking to retain their stake in the company.

Traditionally these disputes have been handled in a stressful court environment, over a long period of time, with timetables set to suit the hearings rather than the business.

One option – which aims to resolve matters amicably and more quickly without going to court – is collaborative family law (CFL).

The approach, which originated in the US, entails both parties and their lawyers working face-to-face on problems with additional professional advisers, such as accountants, on hand when necessary.

If matters relating to the business need to be resolved more speedily, there can be an intensive series of meetings over a short time, leading to early resolution, which minimises disruption to the company.

If more time is required to work through issues such as a major contract or the recruitment of key personnel, then collaboration enables the process to be slowed down.

Another clear advantage of embarking on this route is that both parties take personal responsibility to agree face-to-face solutions without having decisions forced on them.

While it can take an inordinate amount of time secure a decree absolute, collaboration is much speedier if both parties are willing to talk about decision relating to their business.

Its transparency and immediacy removes much of the hostility and trauma that can arise from misunderstandings when separating couples communicate through solicitors’ letters.

Openly discussing your fears and aspirations for the future of your business and whether you will run it together while living apart – in a calm and supportive atmosphere – is key to the outcome.

At Jones Myers LLP we advocate this route as infinitely preferable to the hostility and acrimony that all too often permeates traditional divorce proceedings. It is less likely to create animosity and the associated stresses and traumas of a dispute in court.

Share with us your thoughts by commenting below or contacting us here.

But whilst an increase in self-representation might be inevitable, it’s important for us at Jones Myers LLP that those going through divorce are aware of all the options to ensure they receive the right advice and support.

Mediation and collaborative law and are two options that can reduce the cost and trauma of divorce proceedings.

Although there might be challenges over lawyers’ fees to support you through the process, we would urge you to refrain from short term gain to avoid an unsatisfactory settlement that could impact on individuals’ lives and emotions for many years to come.

The most important – and emotionally-charged decisions – centre on childcare, the sale of a family home or the division of finances.

Clear and dispassionate advice from experts who know the pitfalls is invaluable at a time when feelings are running high.

Many people regard going to court as an inevitable part of the divorce process. A key issue with court hearings is the length of time the process takes, creating higher fees by default. Other options of making a settlement can be speedier, less adversarial and stressful, while achieving similar outcomes.  

Mediation is an option which the Government predicts will more than triple in 2012. This process involves a mediator advising a couple over key areas where they can make voluntary agreements.

The mediator’s role is not to advise over the “right” outcome but to help a couple address their challenges between them and agree a settlement. Because there is only one mediator or solicitor involved, the parties often share a single fee, further reducing the costs of resolving a dispute.

Not all divorces can be settled without going to court, but seeking out the right advice and knowing your options is vital to come away with a settlement which reduces emotional and financial costs and enables both parties to restart their lives.

Collaborative law – an innovative new approach to resolving divorce cases – is another option which involves negotiating an agreed settlement. Jones Myers LLP’s team of collaboratively trained lawyers are highly experienced in this approach.

The process involves both party’s lawyers sitting face-to-face to discuss what each side sees as a fair settlement and achieving a compromise.

The purpose is to address and resolve outstanding issues with the aim of mapping out a fair agreement. Accountants or independent financial advisors may also be invited to attend these meetings.

Share your own tips with us by commenting below or contacting us here.

Fiona Kendall on Radio Aire

Fiona Kendall on Radio Aire 2

Fiona Kendall on Radio Aire 3

A recent survey by Illicit Encounters, an introductions agency for people seeking extra-marital affairs, found that married couples have been put off divorce because they can’t afford to move out or pay for legal fees. And with the  Royal Institute of Chartered Surveyors (RICS) reporting another flat month for Yorkshire house sales in June and forecasting little improvement this year, for many unhappy couples caught in limbo, the prospect of being able to divorce and move on with their lives looks unlikely.

Research carried out in London by the agency found that 42 per cent were deterred by the cost of divorce. The scenario of unhappy couples forced to stay together because they cannot afford to divorce is also becoming increasingly common in Yorkshire and across the country.

Here at Jones Myers, though, our experienced team are used to guiding clients through the alternatives to the misery of enforced co-habitation. Collaborative law can often provide a better, cheaper and more efficient alternative to the traditional route to divorce through the courts. The emotionally charged forced co-occupation of a family home when a couple want to separate often creates negative feelings and a great deal of stress which then cascades down to any children involved.

Collaborative law can cut the costs of separation from a sky-high £50,000 down to £10,000 or even lower. It involves couples signing a contract at the beginning of the process saying that they want to work things through round a table, over a series of meetings and with minimum input from the courts. Not surprisingly, it’s growing in popularity.

With a collaborative divorce, all decisions about finances, children and assets are talked about together with solicitors and other relevant experts such as accountants, life coaches or children’s counsellors.

While it can take years to get a decree absolute, the process is much faster if you are willing to talk and the collaborative approach gives an incentive to talk. It takes away a lot of the hostility that can arise from misunderstandings when you are communicating through solicitors letters.

For around 136,000 couples a year divorce becomes a new reality; but many endure an acrimonious and potentially traumatic battle in court. Collaborative law, though, offers a less stressful and far less adversarial process that guarantees financial and children’s issues will not end up in court.

With a collaborative divorce each person instructs their own lawyer. Instead of negotiations being carried out by letter or phone, and ultimately in court, couples and their lawyers work things out face to face, with the aim of resolving the dispute without going to court.

As well as lawyers, meetings can involve other relevant experts – such as an accountant, life coach or children’s counsellor – to help things reach the best and most amicable conclusion.

In Yorkshire, Jones Myers is proud to be one of the firms helping to drive forward this more amicable way for couples to separate. Fiona Kendall is one of our four collaborative law experts, with a wealth of experience in representing clients in the collaborative process. Read an interview with Fiona and an insightful first-hand account of the collaborative divorce process and how it minimised the stress of divorce from Jackie and Murray Raw, in the Yorkshire Evening Post.