Throughout this multi faceted and complex case, Myersons were consistently available with pragmatic, commerical advice. It was a personal service delivered with sensitivity, care and attention to detail. - Legal 500 2021
Our team of experienced advocates has an in-depth knowledge of all areas of Family Law providing tailored advice specific to the needs of our clients. That means that each individual case is approached with a personal and well-defined strategy.
We have been instrumental in most high-profile cases in the Island and our services are designed to find solutions quickly and efficiently. This reputation encompasses expertise in advising high net worth clients on complex asset division cases involving trusts, business assets and investment structures.
Our team is well versed in dealing with applications for residence or contact; child maintenance; child maintenance variations; where a child lives or should be educated; leave to remove and relocation; specific issue orders; prohibited steps orders; parental responsibility and applications under schedule 1 of the Children (Jersey) Law 2002. In addition, we have expertise in dealing with private law children cases involving safeguarding concerns.
Throughout this process we support our clients to take a long-term view on the impact of decisions on children.
Key areas of advice include:
- Applications for residence or contact
- Child maintenance
- Child maintenance variations
- Leave to remove
- Specific orders
- Prohibited steps orders
- Parental responsibility
- Schedule 1 (preventing disparity between a child’s lifestyle with different parents)
Divorce & Financial Remedies
Divorce proceedings can seem daunting putting pressure on those involved both financially and emotionally. At Myersons we work to bring clear thinking, understanding and direction to the process and ensure that our clients can make informed decisions that are right for them.
We have built a reputation for a particular expertise with high net worth and 2(1)(e) clients and in particular regarding complex asset division cases. However, our scope of work includes the full range clients ensuring swift resolution through experienced and considered negotiation.
Pre-Nuptial & Post-Nuptial Agreements
Nuptial Contracts that are familiar in the media, and courts of other jurisdictions, are now increasingly upheld by our courts provided certain safeguard requirements have been complied with. Both serve to provide a legally recognised agreement as to how a couple will handle their shared property and other assets should they choose to separate.
Such agreements are referred to as “nuptial agreements”: Pre-nuptial agreements (entered into prior to marriage) and Post-nuptial agreements (executed after the couple have married). Both are becoming increasingly popular due to the level of certainty they can provide in the event of divorce.
Our team can assist clients in navigating this relatively new area of Family Law to achieve their objectives in an appropriate way.
Cohabitation agreements offer an opportunity for unmarried couples to determine how their home will be dealt with if their relationship comes to an end.
Such agreements are a relatively new concept in the Island and as such, few have been challenged or addressed by the Jersey Courts. Given this relatively unchartered area of Family Law, recourse to specialist legal advice from our team, in areas such as their content, is essential.
Injunctions are court orders which require a person to do something or refrain from doing something. They can be very useful tools in Family Law proceedings. We assist clients within a range of contexts that might include, but not be limited to, the following:
- Obtained in cases involving domestic violence to prevent a spouse or partner from using or threatening violence, from contacting the victim, or from going to particular locations or coming within a specified distance. They can also be used to remove a spouse or partner from the family home.
- In financial cases such as divorce proceedings, where injunctions can freeze assets to prevent one party from disposing of assets or placing them out of reach in order to frustrate their spouse’s claim. They can be limited to assets in Jersey or extend worldwide.
Family Dispute Resolution (‘FDR’)
Family Law need not require that our clients seek settlement within court. There are a number of different forms of Alternative Disputes Resolution, (ADR), available to suit most cases should this be identified as the most productive route to take. The most common options within the Family Law arena are:
- Round table meeting
- Private Financial Dispute Resolution meetings (‘Private FDR’)
At Myersons we have extensive experience of working outside of the court context. We can bring our expertise into a round table meeting to argue your case. In addition, we can work on your behalf with lawyer led mediation or with a third party to secure a successful resolution through arbitration. Although the FDR process requires a court process in the UK we can arrange for a private FDR meeting in Jersey that addresses asset division with an independent English Barrister.