Category: Getting Married

How long does it take to get a divorce?

If you and your partner have decided to get a divorce, you’ll probably want to get things settled as quickly and painlessly as possible.

Unfortunately, getting a divorce can sometimes be complicated and the timescales for getting one can vary significantly.

How long it will take from filing for a divorce to receiving your decree absolute is dependent on several factors including:

How quickly you reach an agreement
If you and your partner reach a straightforward agreement, then this is called an uncontested divorce. Uncontested divorces are usually much quicker to settle than contested divorce.

If you cannot reach an agreement about the terms of your divorce, then you will be required to attend mediation followed by court if the dispute still cannot be resolved. This can cause the process to drag on and take much longer than an uncontested divorce.

Whether any children are involved

If you and your partner have children, then it may take longer to iron out all the terms of your divorce relating to custody and child maintenance payments.

How many assets are owned
The more assets that you and your partner own, the more complicated and time-consuming the process of dividing your assets is likely to be. Just some of the assets that will need to be considered include property, savings, pensions, and vehicles.

How busy the Court of Administration’s processing centre is
Even if you come to an agreement quickly and fill out and return all documentation promptly, if the Court of Administration’s processing centre is very busy and have a backlog of work, this can hold things up.

Average timescale for a divorce in the UK

Once an agreement has been reached and a divorce has been filed for, the average time to receive a decree absolute is around 12 months.

For further help or advice with divorce law or beginning divorce proceedings, give our team of family law solicitors here at Lund Bennett a call on 0161 927 3118.

Forced Marriage Protection Orders and Non- Molestation Orders

A case that is prominent in the headlinesat the moment involves Princess Haya of Jordan, the estranged wife of Sheikh Mohammed bin Rashid al-Maktoum, ruler of Dubai. She is asking for a forced marriage protection order relating to their children and a non-molestation order against her husband following the breakdown of their marriage.

The coverage of this case illustrates that the issues raised by these types of Orders can affect people from all walks of life.

What is a Forced Marriage Protection Order?

A forced marriage protection order is a civil remedy to prevent people from being forced into marriage against their will. They can also protect those who have already been forced into marriage. In the majority of cases the person involved has received pressure from family members to marry against their will.

Whilst forced marriage is a crime in the UK, many people are reticent from reporting members of their own family to the police and pursuing criminal charges. A Forced Marriage Protection Order is an alternative to this and can provide protection. They and can also have a power of arrest attached if the court believes the respondent has used or threatened violence against the applicant or is in breach of the Order.

What is a Non-Molestation Order?

Non-molestation orders can protect against violence or harassment by a partner, ex-partner or family member. These can be useful for people who still need protection from the court in situations where the Police have confirmed they won’t be pursuing criminal charges.

A Non-Molestation Order allows the family court to impose restrictions on the partner’s ability to contact a person and this can be extended to attendance at a person’s property and methods of communication. These types of Orders are usually made for either 6 or 12-months duration. Any breach of these Orders is a criminal offence and should be reported to the Police.

Is It Worth Getting Married These Days?

Marriage is being brought into question more than ever these days and for some couples, simply living together is preferable. Some people view marriage as a huge expense just for a piece if paper. They me even live together for decades and have children in the process. So, is entering into a marriage or civil partnership worth it?  

The short answer from a legal perspective is yes if you want to protect areas such as inheritance and save on huge tax bills either for those left behind when you die or a partner die. While this is not an article designed to promote marriage, indeed for some couples it can be preferable not to pass on their assets to a partner when they die, let’s highlight how being married can save a number of legal headaches.  

Perhaps the biggest consideration for mature unmarried couples is the will. If your partner dies you won’t inherit anything and the best you can hope for is some provision towards living costs. If you had children together inheritance will pass to them. If there are no children then your partners family members will be next in line to inherit as part of Intestacy Rules.  

The next potential issue is inheritance tax. Couples who marry will and leave everything to their spouse will have ensured no inheritance tax is due on the estate. The opposite is true for unmarried couples where IHT can take away a significant chunk of the inheritance.  

These potential outcomes are avoided if a couple decides to marry and there have been some high-profile cases where a person has decided to marry just before death for this very reason.