Tag : divorce-solicitors
Tag : divorce-solicitors
A divorce can only be obtained if one of five specific reasons are proven. One of the reasons is adultery yet how adultery is actually defined in law can lead to a great deal of confusion, myth and misinformation which can only add to the frustration and emotional turmoil.
According to studies married men are statistically far more likely to stray than women with the former having a 50% of chance of engaging in an extra marital compared to 26% of women.
Yet what might represent a bond broken and an irretrievable breakdown of trust for the person on the receiving end of their partner’s pursuit of relations outside of marriage may not be seen as one of the same in law.
Contrary to popular belief, adultery doesn’t include all forms of sexual activity. In fact it only refers to full sexual intercourse between a man and a woman where one or both of those involved are married to other people. If the extra marital affair involves a same sex relationship then it doesn’t count.
There are also cases where lesser forms of sexual gratification are deemed insufficient to be counted as adultery. Another misconception is that sexual intercourse with another person outside of marriage doesn’t count as adultery following separation when technically it does.
If you require further advice on divorce law, please get in touch.
One of the most common questions asked about divorce is “how long will it take?”.
Deciding to go through with a divorce and end a relationship is not an easy decision for most people. Often getting divorced can not only have an impact on the couple themselves but also on family and friends. The longer that relationship has been in place the more difficult it becomes to untangle all the links and move on to a new phase in life.
Filing for divorce will in most cases mean all avenues will have been explored to save a relationship so naturally given what is at stake, one or both people in the relationship will be keen to get the process out of the way as soon as possible so that they can continue with their lives.
Unfortunately, even if a couple is in agreement on everything, there is still a fairly lengthy period of time before a divorce is finalised. The good news is, however, timeframes have fallen a little in recent years following the introduction of regional divorce centres aimed at speeding things up.
The average time taken for divorce in 2014 was 33 weeks, however this has now been reduced to between 22 and 24 weeks where both parties agree. You can expect the process to take a little longer of course, if both parties are not in agreement.
Mr. Asif Aziz, a billionaire London property developer, has claimed that he was never married to Mrs. Aziz, his ‘wife’ of 14 years, who is claiming a share of £1.1 billion in financial remedy proceedings in the High Court.
The Decree Nisi of divorce was pronounced in 2016 however Mr Aziz wishes for this decision to be reversed on the grounds that they were never actually married.
Mrs Aziz claims that a Muslim ceremony of marriage took place in Malawi in 2002 however Mr Aziz has said that this ceremony never took place and has also alleged that the marriage was based on a fake certificate which was obtained so a child they adopted could get a passport.
Even if Mr. Aziz is successful in proving that the marriage was not recognised in Malawi and therefore invalid in this country, it would dangerous for him to assume that this will mean that Mrs. Aziz will not be entitled to any financial relief.
Mr. and Mrs. Aziz’s relationship lasted 14 years and they have 4 children together. As long as Mrs. Aziz has sufficient evidence to show that they both intended to be married and lived their life as man and wife, then her financial claims against him will remain open.
If Mrs. Aziz obtains a Decree of Nullity (i.e. the marriage is annulled) then she is still entitled to ask the Court to make financial orders in the same way as if there had been a divorce.
Mr. Aziz is not the first person to try and get out of sharing his wealth on the grounds of a marriage being invalid. The most famous of all was in 1999 when Mick Jagger tried to claim that he had never been married to Jerry Hall. In the end Jagger and Hall agreed to have their marriage annulled on the basis that the marriage ceremony was not valid according to Indonesian law thus not recognised in England. Recently there has been speculation that Elle Macpherson and her husband Jeffrey Soffer’s nuptials in Fiji were legally invalid.
If you are unsure as to your legal marital status or have any questions about foreign marriages and their recognition in England, please contact a member of our team today on 0161 927 3118.
The effects of divorce on children are still the subject of a whole range of studies. Some find that the effects are present even in adulthood when children grow up into adults statistically more likely to end up divorced themselves.
This conclusion is an easy one to make. Parents are a primary influence on the behaviour of their children and they will help set the examples to follow in adulthood. If parents end up divorced or separated, then the assumption is that when their children grow into adults, they will be more likely to consider divorce themselves.
This link has indeed been well established over the years, however a recent study by the Virginia Commonwealth University (VCU) and Lund University in Sweden has found that that this link doesn’t exist for one particular group of children.
The study found that divorce rates among adopted individuals is more closely aligned with their biological parents than it is with the parents who brought them up.
This presents compelling evidence that the likelihood of divorce is linked to genetics rather than environmental impacts and the normalisation of divorce.
So the unfortunate conclusion to be drawn from the study is, that if you are considering marriage, then the chances of that marriage failing will be higher if the biological parents of your spouse kept their marriage together.
The gripping BBC drama Dr. Foster returned on our screens earlier this month for a second series.
The new season focuses on life after divorce and the hostility and anger that can continue for many years. Dr. Gemma Foster and her former husband Simon Foster separated 2 years ago however the second series sees Simon Foster return to live nearby so that he can spend more time with their 15-year-old son Tom.
Separation has a huge impact on the children of the family as evidenced in the second series as Tom is constantly caught in the middle of his parents’ acrimony. This has had a negative impact on Tom and resulted in him being excluded from school for punching his friend and sexually assaulting a girl at a party after getting drunk.
Although it is a tough time for all involved, whatever the cause of the separation, it is vital that children do not feel like they have to choose between their parents. It is also incredibly important that parents put on a ‘united front’ and agree a joint approach in how they should deal with schooling matters and prioritise their child’s emotional wellbeing.
Sadly, parents often use their children against one another during separation and this has a long-term impact on children in both their personal development and their relationship with their parents.
If you find yourself in a similar situation to Dr. Foster or Simon Foster, please do not hesitate to contact one of our specialist family law team today on 0161 927 3118.
According to recent statistics released by law firms, there has been a significant rise in divorce rates among couples where one or both partners work shifts.
Marital issues are not the only problem linked to shift working. Studies have shown that working shifts can lead to health issues such as obesity and depression but the findings on divorce rates are new and significant considering the growing number of shift workers in the UK.
1 in 8 UK workers now work nights and the total of workers has risen by 250,000 in the past five years alone to reach more than 3 million. A US study found that among men who were married with children, the divorce rate was six times higher than those who worked days.
A study carried out in 2000 by US researchers found that among men working night shifts who had children, separation or divorce was six times more likely in the first five years of marriage than if they were working days.
One law firm claims that the proportion of divorces amongst shift workers has risen by 35% in the past three years indicating the scale of the problem.
Working shifts often disrupts family life when people spend their days catching up on sleep rather than spending time with family. Then there are issues with zero hours contracts which mean the work itself is irregular.
Extra marital relationships can also form between those who are working night shifts regularly and spending a lot of time together.
The ‘triple talaq’ is an Islamic practice which allows men to instantly divorce their wives by pronouncing the word ‘talaq’ (the Arabic word for a type of divorce) three times. After decades of campaigning by women’s groups and victims, India’s Supreme Court has declared the practice unconstitutional.
In May 2017, the Indian Supreme Court formally opened hearings into a number of applications challenging the constitutionality of the practice of ‘triple talaq’ in Islam. As the practice was protected in law, increasing numbers of women receiving a ‘triple talaq’ from their husbands were being left without financial or emotional support.
The judgment was handed down on 22nd August 2017 with a 3-2 majority of the Indian Supreme Court bench finding the practice to be ‘un-Islamic, arbitrary and unconstitutional’. This ruling should therefore mean that the ‘triple talaq’ will no longer be considered a permissible practice in India. Other Islamic countries such as Saudi Arabia, Pakistan and Bangladesh have also banned the practice.
Campaigners have hailed this decision as a huge victory for Muslim women in India. Bharatiya Muslim Mahila Andolan, an activist group that was party to the legal battle has already prepared a draft law to send to the government in order to ensure that the decision is reflected in legislation as soon as possible.
Same-sex marriage is now legal in the Irish Republic, England, Scotland and Wales however same-sex couples are still banned from marrying in Northern Ireland.
Two legal challenges to the same-sex marriage ban in Northern Ireland have been dismissed by Mr Justice O’Hara in the High Court. O’Hara J said that the ban did not violate the rights of LGBT couples in the region and that it was for the Stormont Assembly to decide on issues of social policy. In delivering his judgment O’Hara J stated:
‘It is not at all difficult to understand how gay men and lesbians who have suffered discrimination, rejection and exclusion feel so strongly about the maintenance in Northern Ireland of the barrier to same-sex marriage’
‘The judgment which I have to reach is not based on social policy but on the law’.
The ruling applied to two cases, the first case was brought by the first female couple and first male couples to have their civil partnership recognised in Northern Ireland. The second case (known as Petition X) involved two men who were married in London in 2014 and were trying to get their union recognised in Northern Ireland as when they moved to Northern Ireland their marriage was changed to a civil partnership in law.
Earlier this month the Irish Prime Minister visited a gay rights event in Belfast and said the legalisation of same-sex marriage in Northern Ireland was just a matter of time.
A recent study produced by L&C Mortgages has revealed that some 1.8million adults in the UK have primarily stayed or would stay in a relationship in order to get on to the property ladder.
They found that 1.8million people had stayed with a partner in order to pay for the mortgage or a deposit. On average, 44% of the 1.8million remained in their relationship for at least a year longer than they would have if there were no financial consideration and a further 15% stayed for more than two years and 40% said they were still with their partner now.
David Hollingworth from L&C Mortgages said the results of the study were ‘indicative of the struggle people face when buying their first home’ and that it ‘isn’t right that people are sacrificing their emotional wellbeing in order to focus on financial stability’.
If you are considering purchasing a property with your partner it is important to think clearly when it comes to such an important financial decision. Once the deposit has been paid and a mortgage entered into, what happens to the family home upon separation may be more complicated if you have never married.
If you are buying a house with your current partner, make sure that you have a Cohabitation Agreement in place so that both of you are very clear about who walks away with what in terms of ownership. To speak with one of our specialist Family Law solicitors about a Cohabitation Agreement please call 0161 927 3118.
The number of brides and grooms aged 65 and over has increased by 46% over the last decade. The most recent Office for National Statistics (ONS) marriage data shows:
The ONS have stated that the increase in older people ending and forming new relationships is likely to be due to a number of factors such as the fact that people are living longer and also the rise of the ‘silver surfer’ phenomenon (a colloquial term used for older people who access the internet on a regular basis) may be boosting these statistics.
Data from the ONS shows that internet use more than tripled for those aged 65 and over between 2006 and 2013. ONS statistics produced earlier this year show that older people are now catching up with the young in respect of internet use. It has been reported that over 65s are frequently using online dating sites and this may also be behind the rising rate of divorce among over-65s.
Divorce usually has a substantial impact on most couples’ retirement plans. Whether you’re currently going through a divorce or considering your options, it is important to have a complete understanding of how the transition could affect your retirement plans.
If you are concerned about dealing with financial matters upon separation or would like to discuss any of the issues outlined in this post please contact a member of our team for more advice today on 0161 927 3118.