Divorce

Planning Together for Children is the name of a course run by the organisation CAFCASS (Children and Family Court Advisory and Support) for separated or divorced parents.    In this blog, our children law solicitors look at the Planning Together for Children course and explain your options if you are a separated parent struggling to reach an agreement with your ex-partner on post-separation parenting arrangements for your children.  For expert family law advice call our team or complete our online enquiry form.   Planning Together for Children has replaced the Separated Parents Information Programme (SPIP) If your friends have told you that after they separated from their spouse, they went on a SPIP (or Separated Parents Information Programme) then you need to be aware that the Planning Together for Children has replaced the SPIP.  Can you use the Planning Together for Children resource? Access to the Planning Together for Children resource is limited to those parents and carers who are ordered by a family court judge to attend the course or who are referred to the course by a Family Court Advisor in children law court proceedings.  You therefore cannot access the online E-learning resources or attend the Parenting Together for Children workshop if you are a separated parent who is looking for information to help you reach an agreement about the parenting arrangements for your children. Nor can you use the resource if you are struggling with sharing parenting responsibilities with your ex-partner but neither of you has applied to the court for a child arrangement order, prohibited steps order, specific issue order or relocation order.  Options if you cannot use the Planning Together for Children resource If you want help in parenting together after separation there are a lot of useful books and online resources. If you need help with family dynamics speaking to a family therapist or counsellor may help as they may be able to assist you both in understanding the priorities of the other parent and help you focus on the best interests of your child when reaching a compromise about shared care, contact arrangements or parenting styles.  If you are struggling to reach an agreement about parenting after a separation or divorce you may not need to apply to court for a child arrangement order as you may be able to reach an agreement through:  Solicitor round table meeting  Solicitor negotiations  Family mediation   Once you have reached an agreement it is a good idea to record what you have agreed in a parenting plan. These types of plans need to be reviewed as your child grows up or circumstances change. For example, if your child wants to go to football sessions on a Saturday or ballet on a Wednesday after school or if one parent has to move house out of the area because of a job move.  You might also be interested in:   [related_posts] A Planning Together for Children referral If you are ordered by a judge to attend the Planning Together for Children course or a Family Court Advisor makes a request to the court for a referral there is no charge for accessing the online resources or going to the workshop.  Whilst you may not be a fan of e-learning or workshops it is important to try and get as much as possible from the course to give you the best shot possible of reaching an agreement with your ex-partner or being able to tell the family judge that you did so.  If you do not go to a Planning Together for Children course when ordered to do so by a judge the court may reorder your attendance on the course. This may delay your court application. Any delay or refusal to attend may make it less likely that the court will make the type of child arrangement order you are seeking.  What does the Planning Together for Children course cover? The e-learning section of the course will look at matters such as:   What happens if you go ahead with the child arrangement order or specific issue order court application?   How a separation and how you handle the separation can affect your child   Conflict and its impact on your child     Looking at the family situation from your child’s perspective   Supportive co-parenting – what it is and how it works   Communication skills to help you listen to your child and co-parent    Once the e-learning section is completed you move on to a workshop. This will normally take place online. Although the workshop is normally held online there are never more than 6 parents in a workshop group. Your ex-partner will not be in the same workshop as you.  The workshop focuses on the negative impact of parental conflict on children, how best to manage conflict and how to improve communication with your child and ex-partner so you can effectively co-parent.  The course will encourage you to discuss and agree on a parenting plan for your child to set out the residence, contact and other important care details for your child to avoid the need for you or your ex-partner to go ahead with your child arrangement order application.  How can Evolve Family Law help you? At Evolve Family Law all our family law solicitors are committed to resolving parenting disputes outside of court wherever possible. For example, through providing legal support during family mediation or helping you negotiate a parenting plan. Reaching an agreement is not always possible. For example, if you fear child abduction as your ex-partner has threatened to take your child overseas or if your ex-spouse is displaying alienating behaviour and refusing to let you see your child, or if you are concerned about contact arrangement because of a history of domestic violence.  Our family law solicitors will listen carefully to your needs and priorities and help you secure the agreement or court order you need for your children.   For expert family law advice call our team or complete our online enquiry form.    

Evolve divorce solicitors can confirm that you can get divorced online with us. However, many of our North West family law clients like to pop into one of our offices in Holmes Chapel, Cheshire or North Manchester to meet their divorce solicitor face-to-face.  The decision is yours to make – whether you are divorcing online or meeting with us at our offices you get a named divorce solicitor to handle your no-fault divorce and to answer any queries. Of course, you get the same level of excellent client service whether you decide to meet with us or not.  If you need help with applying for a no-fault divorce call our team or complete our online enquiry form.   The no-fault divorce   With the introduction of no-fault divorce proceedings, the divorce process in England became a bit more streamlined. Sadly, the divorce timescales have not speeded up as you are still looking at around 7 months from the start of your divorce application until you get your final order of divorce.  The process and timeframe are the same whether you are applying purely online or after meeting with your divorce solicitor. It takes around 7 months to get divorced because the law imposes time delays on how quickly you can finalise your divorce. Our divorce solicitors understand that these delays are frustrating when you know your own mind and you do not want to back track on your decision to divorce your husband or wife.  The good thing about the no-fault divorce process is that you can choose to apply jointly for a divorce with your husband or wife. There is no requirement to do so. Whether you apply as a sole divorce applicant or jointly with your husband or wife the divorce process is very similar. In addition, even if your spouse does not agree to the divorce there are very limited ways to oppose the divorce.  [related_posts] Why see a divorce solicitor if you can divorce online?   ‘Why see a divorce solicitor if you can divorce online?’ is a good question. There are many different reasons why you may want to meet us in person. For example, your divorce is an immensely distressing personal experience for you and you do not want to feel like a ‘number’. Alternatively, you may feel confident about Evolve Family Law handling your no-fault divorce online but you want to meet with a specialist family law solicitor to discuss the parenting, custody and contact arrangements for your children or the potential financial settlement.  Sometimes nothing beats sitting down with your family law solicitor to understand your legal options and to work out the solution that works best for you and your family. It may be that you are comfortable having discussions online after a first meeting or that you need the reassurance of a face-to-face meeting to help you make some of the most important decisions that will affect your life and that of your children. For example, will the care of the children be shared by co-parenting or will the children reside with you? Will you keep the family home or should you agree to the sale of the property and to the making of a pension sharing order? Should you agree to a clean break financial court order and what would that type of court order mean for your family if you lost your job and could not return to work?    A personal online divorce   Whether you instruct us online or in person we provide a personal and professional divorce service.  At Evolve Family Law we recognise that every client and family is different. That is why we discuss with you how you want us to work for you. It could be online, email, phone, in person or even using old-fashioned post. We aim to find the divorce process that is the least stressful for you.   How much does a divorce cost?  If you apply for a no-fault divorce as a sole applicant or jointly with your spouse, we can provide a fixed-fee divorce service.  We offer a range of other fixed-fee services. For more information on our fees Download Our Price Guide.  If you need help with applying for a no-fault divorce call our team or complete our online enquiry form. 

If you got married in an Islamic wedding ceremony in the UK or overseas, are you treated as legally married in England? Can you get divorced in the UK?  The divorce solicitors at Evolve Family Law answer your questions on Islamic marriage and divorce in the UK.  For expert family law advice call our team or complete our online enquiry form.   Islamic marriage in the UK  Whether your Nikah is classed as a legal marriage and recognised in English family law depends on where and how the marriage took place.  A Nikah that took place in the UK is not treated as a legal marriage unless there was also a valid UK civil ceremony. If you had a Nikah in the UK without a civil ceremony it is best to check with a family law solicitor to see if you are legally married or not under English law. It is important to check this out and, if necessary, get married legally under UK law. That’s because if you are not legally married under English family law you do not have the financial rights and claims of a husband or wife but of an unmarried partner.  If your Nikah took place overseas you are treated as legally married in the UK provided the country where you got married treats Islamic marriages or Nikahs as legally valid. That means you do not need to have a civil wedding ceremony in the UK as you are already legally married.  Family law solicitors acknowledge that the UK family law on the validity of Islamic marriages can be confusing.  The English court does have the power to declare that you are legally married if there is a dispute but it is best to avoid declaration proceedings unless there is no alternative. For example, if your spouse is denying your marriage and your financial claims as a spouse.  Divorce in the UK   If you are legally married and you want to get divorced you can apply for a no-fault divorce. If your wedding was a Nikah under Sharia law and it took place in England without a civil marriage then you won't need to apply for a no-fault divorce as you are not treated in English law as legally married. You may want to get divorced under Sharia law.  If you thought you were married then it may be worth checking out if you can get a declaration of marriage. That is because:  Under Sharia law your financial  claims may be limited  In English law, if you are not legally married, your financial claims as an unmarried husband or wife are limited to property rights and claims under trust law. Instead of being able to claim half the assets you may be able to claim nothing or very little in comparison to the sort of financial settlement a husband or wife might expect the family court to order as a financial court order   [related_posts] The financial claims of an unmarried partner    If your marriage is not legally recognised in the UK, you can potentially make 2 types of claims, depending on whether you have children with your partner.  Under Schedule 1 of the Children Act, you can bring court proceedings for an order to provide your children with a home to live in whilst they are of school age. The ownership of the house will then revert to your partner. You can also ask the court for a lump sum to meet the financial needs of your children and to make a top-up child support order if your partner is a high earner. The Child Maintenance Service may also be able to award you child support.  Whether or not you have children you may be able to make a claim under The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). You can bring a TOLTA claim if your partner owns a property jointly with you or if they own a property in their sole name but you can evidence that you have what is referred to as a beneficial interest in the property owned by your partner.  Get expert family law legal advice   It is essential that you take expert legal advice on the status of your marriage from specialist family law solicitors. That’s because if your Nikah is a valid marriage (or you can secure a declaration of marriage) you may be able to secure a financial settlement including spousal maintenance, a share in property, savings, a family business or a pension sharing order.    For expert family law advice complete our online enquiry form.  

On 22 November 2023 the chancellor, Jeremy Hunt, unveiled plans that could eventually give pension holders one pension pot for life.  Accountants and independent financial advisors are all questioning how easy it will be to bring in the scheme for UK workers. However, family law solicitors at Evolve Family Law are delighted by the news because if the proposals are implemented it will make it easier and cheaper for divorcing couples to share pensions as part of their financial settlement.  For expert family law advice call our team or complete our online enquiry form.   Pensions – the forgotten asset in divorce proceedings     When you separate or start divorce proceedings you also need to reach a fair financial settlement with your estranged husband or wife to divide and share your assets.   You will not forget the existence of the family home or a shareholding in the family business but you may forget to disclose an old pension and your husband or wife may not realise that you have 2 or more pensions.   The Pensions Policy Institute estimates that the total value of lost pension pots was almost £27 billion in 2022. That is not surprising with so many people moving jobs and homes and not keeping records. It is also equally unsurprising that pensions get forgotten in divorce proceedings.   The Fair Shares project, funded by the Nuffield Foundation, provided information and data on divorcing couples. Their recent research highlights that about a third of divorcees did not know the value of their pension fund and only a tenth of pension pots that were not in payment were made the subject of pension sharing orders.    The research information from the Fair Share Project emphasises the need for divorcing couples to understand the value of pension pots and how they should not be ignored in divorce financial settlements.  Pension pots and financial disclosure in financial settlement negotiations  If you do not disclose an asset when providing divorce financial disclosure, including a pension, your husband or wife may be able to ask the court to review the terms of a financial court order years later because of the non-disclosure.   It is therefore essential to provide full financial disclosure even if you have several small pension pots from employment prior to your marriage.  Think how much easier it would be for divorcing couples and their family law solicitors if a husband and wife each only had one pension fund. Now a husband and wife can each have 5 or more pensions, all of which need to be disclosed and valued as part of the financial settlement negotiations.  The portable pension pot  The chancellor is proposing one pension pot that an employee takes with them when they change their employment. Whilst employers and pension providers are already flagging up the complexities of portable pension funds family law solicitors can only see the advantages.  With numerous small pension pots, it takes time for pensions to be disclosed and valued as part of divorce financial settlement negotiations. When pension pots are small a husband or wife can be encouraged to ignore their value because the pensions are ‘’not worth the hassle’’. That is often not the case but spouses can be persuaded to ignore them.  Even if a small pension is disclosed and valued a husband or wife may be told that it is uneconomic to share the pension because the pension administrators will charge to implement a pension sharing order.  [related_posts] The lifetime pension pot   The Treasury will be asking for evidence on the “lifetime provider” pension model rather than adopting a policy of portable pensions straight away. It is likely to be some time before the consultation starts and even longer before further pension reforms are made.  Until we get to the age of the lifetime pension pot it is essential to disclose all your pension pots when getting divorced and to understand your pension options when negotiating a divorce financial settlement.  Pension sharing orders   The family court can make a financial court order that includes a pension sharing order. The pension administrator will need to implement the pension sharing order once they are served with the financial court order, pension sharing annex and the final order of divorce.  If the value of a pension is small then it may be uneconomic to share all the pensions. Instead, your family law solicitor may suggest that you get a 100% share of one pension pot rather than pay a pension admin fee to share each pension. That may work for you provided that the pensions are valued correctly. For example, the transfer value of a private pension pot may be the same as a final salary scheme pension but the eventual pension returns may be very different. That’s why you need specialist input from a divorce solicitor and pension actuary or advisor.  A pension sharing order is not your only option. You could agree to offset the value of pensions so you get more from the equity in the family home or you get to keep all your pensions but your spouse gets to keep their savings.  Get help with your divorce financial settlement   Evolve Family Law provides a fixed fee no-fault divorce service and offers a relationship breakdown consultation for a fixed fee to discuss your relationship breakdown and offer initial guidance.  Our ‘relationship breakdown comprehensive initial review’ is priced at £300 inclusive of VAT. It covers one meeting with a qualified lawyer and an assessment of the best routes to resolving your situation.   If you want to know where to start with your separation or divorce or your divorce financial settlement our specialist divorce solicitors can help.  For information on our fixed fees and pricing have a look at Our Prices | Standard Fixed Fees.  For friendly expert family law advice call our team or complete our online enquiry form.  

As specialist North West family law solicitors we were interested to read the report from the Fair Shares Project. The Fair Shares project was funded by the Nuffield Foundation. It aims to provide information and data on divorcing couples so lawyers and legislative reformers understand how the current family law system is operating. Divorce solicitor, Robin Charrot, looks at the key research findings and outlines the options to reach a fair divorce financial settlement. For expert family law advice call our team or complete our online enquiry form. The Fair Shares Project research highlights The Fair Shares Project aimed to discover information about the financial and property arrangements made by divorcing couples. The 5 key statistical takeouts from the report are: One in 10 couples in England and Wales did not take advice with their divorce Only 2 out of 5 divorcees made use of family lawyers for advice and support. (That means 60% of divorcees didn’t have the help of a family law solicitor)   Around a third of divorcees did not know the value of their pension fund. (If they did not know the value of their own pension asset it is unlikely that they discovered the value of their spouse’s pension pot) Only one in 10 divorcees with a pension fund that was not paying a pension at the time of the financial settlement agreed to a pension-sharing order as part of the divorce financial settlement. (In most families the value of the pension pot of the husband or wife can be the asset with the most significant value. It all depends on the amount of equity in the family home and whether a spouse has a final salary pension). Only around a third of those getting divorced with assets to share with each other split their assets equally. (The family court starts from the premise that assets should be shared equally unless there are cogent reasons to depart from equality. For example, it may be appropriate that a husband or wife gets less than half if it is a short marriage or where the husband and wife signed a prenuptial agreement before their marriage) The research information from the Fair Share Project will concern divorce financial settlement solicitors as it appears to show that financial settlements are being made without the benefit of legal advice and that they are not fair and potentially do not meet a spouse’s reasonable needs. It is normally the wife who suffers by not getting expert legal advice or through not obtaining financial disclosure from her husband as statistically the wife is often the financially weaker spouse in comparison to the husband. Often that’s because she is the one working part-time because of childcare responsibilities or the one who took a career break to prioritise the children’s needs. [related_posts] How to reach a fair divorce financial settlement People can be wary of calling a divorce solicitor for a variety of reasons, such as: Worry about the costs Concern that a divorce solicitor will suck you into contested financial court proceedings and you would be better off negotiating your own divorce financial settlement Does it make financial sense to talk to a divorce solicitor? Would you buy a family home without a survey? Would you rewire your home if you do not have any training as an electrician? If the answer to either of those questions is no then you get the picture. It can be equally dangerous, from a financial point of view, to agree a divorce financial settlement without first taking legal advice. At Evolve Family Law we offer some fixed-fee services and we are always upfront about costs. As well as providing a fixed fee no-fault divorce service we also offer a relationship breakdown consultation for a fixed fee to discuss your relationship breakdown and offer guidance. Our ‘relationship breakdown comprehensive initial review’ is priced at £300 inclusive of VAT and it covers one meeting with a qualified lawyer regarding all the legal and practical aspects of your situation and an assessment of the best routes to resolving your situation. The consultation fee excludes follow-up work, such as starting no-fault divorce proceedings or writing to your husband or wife to seek financial disclosure or to explore their financial proposals. We can talk to you about potential additional costs when we meet so you can make an informed decision on the best way forward for you. Occasionally we may need to charge a higher fixed fee for an initial consultation. For example, if you want us to read a lot of complex paperwork before the meeting. If that is the case, we will tell you before the initial consultation. The objective of our initial consultation is to look at your options so you get preliminary information and support to help you on the path of negotiating a fair divorce financial settlement that meets your short-term and long-term needs. If you want us to check out a proposed divorce financial settlement and convert your agreement into a binding financial court order then we can do that for you for an additional fixed fee. For more information on our pricing look at Our Prices | Standard Fixed Fees. For information on amicable divorce using our one-lawyer service have a look at Amicable Divorce - One Lawyer Divorce. If you are attending family mediation sessions and would like information on your legal rights and options or on how to convert your mediated agreement into a binding financial court order our page on Mediation Support Solicitors may be of interest to you. For friendly expert family law advice call our team or complete our online enquiry form.

You would think that people would know if they are married or not. It is however surprisingly common for either a husband or wife to ask the question ‘Are we married?’ Often the query crops up when a couple is separating or contemplating divorce proceedings. For expert family law advice call our team or complete our online enquiry form. Are you married? Most people would think that a quick look at the wedding photo album would be sufficient to answer the question of whether the couple is married or not but that isn’t necessarily right. One of the first questions for a family solicitor to ask is where the couple got married. If the ‘marriage’ took place in the UK the husband and wife may think that their ceremony of marriage means that they are legally wed. However, if the ceremony didn’t take place at a licensed venue or if the couple didn’t subsequently participate in a civil ceremony of marriage they may not be legally married in the UK. The scenario isn’t that uncommon as often the focus is on the religious marriage ceremony, which has the real meaning for the couple and their family and friends. That can leave those, for example, who have enjoyed a Muslim religious ceremony of marriage or those who married in a Wiccan ceremony not legally married. [related_posts] Marriages in unlicensed venues Most people won’t be surprised to hear that the law can step in and decide if a couple is married even if they didn’t comply with the UK legal requirements at the time of their marriage ceremony. A husband or wife can ask the court to declare that they are married if certain criteria are met. Invariably if declaration of marriage proceedings are started then either the husband or the wife is arguing that they aren’t legally married. That means there is a risk that the court will decide that the couple is not married. Why marriage matters If the court decides the couple isn’t married then there is no need for divorce proceedings. Importantly financial claims on separation will be limited as the husband and the wife won't be able to make claims against the other’s income or pension. The type of ‘marriage’ ceremony can therefore affect whether a couple is treated as married in the eyes of the law or legally viewed as cohabitees. In some cases that can mean the difference between getting half the house and the pension and maintenance and getting nothing as a cohabitee. Marriages that take place overseas If the ‘marriage’ took place abroad there is often an assumption that the couple aren’t legally married in the UK. That is often an incorrect assumption as provided that the marriage was recognised as legally valid in the country in which it took place it is normally accepted in the UK as a marriage. That means that if the couple is settled in the UK they can get divorced in the UK and the English court will decide on how their assets are divided, even though they got married at a chapel in Las Vegas, a beach in the Caribbean, or a religious ceremony in their country of origin or choice. These rules can throw up surprising results as the quickie marriage in the Las Vegas chapel may be a legally valid marriage in the UK whereas the well-photographed religious ceremony at an unlicensed venue may not be, even if attended by all of the couple’s family and friends. If you are contemplating marriage then there is no reason why you can’t have the wedding of your choice in either the UK or abroad, but if you are planning a religious ceremony or a wedding at an unusual venue or abroad it is sensible to check the status of the ceremony so both bride and groom know where they stand. For expert family law advice call our team or complete our online enquiry form.

When you are contemplating a divorce, you want to know what a wife is entitled to in a divorce settlement. In this blog, our divorce solicitors answer your questions on divorce financial settlements and entitlements. For expert family law advice call our team or complete our online enquiry form. A wife’s entitlement to a divorce settlement After no-fault divorce proceedings are started a husband or wife can start financial proceedings in the family court for a financial court order to provide them with a divorce settlement. The divorce court has the power to make a range of financial court orders, including: Spousal maintenance Payment of a lump sum Sale of the family home and division of the equity in it Transfer of the family home from joint names or one spouse’s sole name to the other spouse Sale or transfer of investments Sale or transfer of shares in a family business Pension sharing In limited circumstances, the court can also make child support orders, such as top-up child support or payment of school fees. In every application for a financial court order, the court has the power to make all or some of these orders in favour of either a husband or wife. The court decision isn’t based on gender but on a range of statutory factors. These are referred to as the section 25 criteria by divorce solicitors. What will a wife get as a divorce settlement? What a wife will get as a divorce settlement depends on the section 25 factors. In the UK there is no statutory formula to say that the wife gets the family home or the husband keeps his pension or business. Instead, divorce solicitors have to look at all the circumstances and the section 25 criteria. If a couple has dependent children, then the divorce settlement will be shaped by the children’s needs. That’s because section 25 factors say that the court’s first concern should be the welfare of those dependent children and how their needs will be met. If the children will continue to live with the wife, then the children and wife will need a house to live in and enough income either via the wife’s salary or child support or spousal maintenance (or a combination of the three) to pay the outgoings on their family home and other reasonable expenditure. The section 25 criteria The section 25 criteria are: The income, earning capacity, property, and other financial resources that each of the parties to the marriage has, or is likely to have in the foreseeable future. This includes in the case of earning capacity, any increase in that capacity which it would, in the opinion of the court, be reasonable to expect a party to the marriage to take steps to acquire The financial needs, obligations, and responsibilities that each of the parties to the marriage has or is likely to have in the foreseeable future The standard of living enjoyed by the family before the breakdown of the marriage The age of each party to the marriage and the duration of the marriage Any physical or mental disability of either the husband or wife The contributions made by the husband or wife or likely to be made in the foreseeable future to the welfare of the family, including any contribution by looking after the home or caring for the family The conduct of the husband or wife if that conduct is such that it would in the opinion of the court be inequitable to disregard it The value to each of the parties to the marriage of any benefit (for example, a pension) which, by reason of the end of the marriage, that party will lose the chance of acquiring [related_posts] Applying the section 25 criteria to work out the divorce settlement A divorce solicitor is experienced in advising on how the section 25 criteria may apply to your circumstances and explaining about the range of likely orders. That expert advice can then help you reach an agreed divorce settlement either through solicitor negotiations or in family mediation. The divorce solicitor can then help you convert your agreement into a binding financial court order. Without knowing about your financial and personal circumstances a divorce solicitor can't advise you on the likely range of orders as the background information is crucial to the outcome of the divorce settlement. The information will involve financial disclosure as, for example, you will need to know the value of the family business or if there is a trust fund or an additional pension. If a spouse is not willing to give financial disclosure voluntarily it may be necessary to apply to the court for a financial court order as the family court can make disclosure orders as part of the financial application process. The divorce settlement process Our divorce solicitors understand that it is frustrating when a divorce solicitor will not give you what you think should be a straight answer to your question about what a wife will get as their divorce entitlement. That’s because the answer varies on the information you give us about your family circumstances. For example, a wife who has been married 20 years may be entitled to half of all the assets (sometimes over 50%) but a wife married for 12 months, and who signed a prenuptial agreement before her marriage, may end up with a very modest divorce settlement. The first step in sorting out a divorce settlement is speaking to a specialist divorce solicitor to understand the information they need and how it applies to your situation. For expert family law advice call our team for an appointment or complete our online enquiry form.

When is a marriage a marriage? How do Sharia Law and Divorce work together? These are the questions that you may need to ask if you are considering separating from your husband or wife. Under English law, if a marriage is recognised as a legal marriage, a husband or wife can make financial claims against the other spouse’s assets. Whilst they might be able to make limited property claims as a cohabitee the financial claims that a spouse can make are wide sweeping. For expert family law advice call our team or complete our online enquiry form. The Nikah, Sharia Law and Divorce  Until a court decision a few years ago, if a Nikah ceremony was carried out in the UK the traditional Sharia law Nikah marriage wasn’t recognised in England and Wales as a legally valid marriage unless the couple also underwent a civil ceremony in a registry office. The second civil ceremony was classed as the legal marriage for official purposes. For most couples who celebrated a Nikah the thought that they were not considered legally married despite their traditional marriage ceremony, family celebration, and their recognition as a couple by family and friends, was repugnant. The law isn’t straightforward. If a couple celebrates a Nikah in a country that recognises Sharia law (and therefore the Nikah is a legally valid marriage in the country where the Nikah took place) the Nikah is recognised as a legally valid marriage in England and Wales. With the court ruling, a Nikah that takes place in England may be sufficient for a husband and wife to be classed as married even though they have not participated in a civil ceremony. Why is it important for a marriage to be legally valid in Sharia law and UK divorce law? If you are not legally married under English law then on separation you do not need to start divorce proceedings because under English law your relationship isn’t recognised as a marriage. Under the law, you are treated as if you were a cohabiting couple. That means that you can’t: Apply for spousal maintenance Apply for a share of your partner’s pension Apply for a share of your partner’s house unless you are a joint legal owner or have what is known as a beneficial interest in the property Apply for a share in your partner’s other assets such as shares in a family business if the shares are all held in his or her name As there is such a vast difference in how married and cohabiting couples are treated by the law on separation it is vital that couples know where they stand and whether their marriage is legally recognised or not. Divorce Court ruling on Sharia law divorce and marriage In a high court case, a Mrs Akhtar sought a divorce from her husband, Mr Khan. He opposed the divorce on the basis that they weren’t legally married having participated in a Nikah ceremony in a London restaurant conducted by an Imam with about 150 guests as witnesses to the celebration. The judge ruled that the marriage was void. This decision allowed Mrs Akhtar to bring the financial claims of a spouse, claims that she wouldn’t have been able to pursue if the court had ruled that the Nikah was a non-marriage. Does the legality of marriage ceremonies just affect those participating in Nikah weddings? Many people have been caught out, believing that they are legally married only to find out many years later that their ceremony isn’t a legally recognised marriage, for example, being married at a venue that doesn’t hold a licence to perform weddings and not subsequently participating in a civil ceremony. This can also affect couples who are married at a traditional Jewish ceremony or those participating in a Wicca marriage. [related_posts] Prenuptial agreements, marriage and divorce If a couple are wary of getting married in a legally valid ceremony of marriage because of the potential financial claims that arise from a legally valid marriage then the option of getting married with a prenuptial agreement in place might be the way forward. Prenuptial agreements are designed to stop or limit financial claims on divorce and can be a very sensible step if one or both parties to the marriage want to protect assets such as pre-owned property or shares in the family business. For expert family law advice call our team or complete our online enquiry form. Contact us for help with divorce and Sharia law.