Month: April 2016

How Likely Are You To Get Divorced?

Divorce rates are not quite as high as statistical myths would have you believe.

As with any statistics there are all kinds of variables hidden within the overall numbers which hide significant variances. An interactive tool has just been developed admittedly based on statistics from the USA but probably a useful guide for the UK too.

It looks at some of the main factors that may lead to divorce and gives you an instant calculation of your chances of divorce, depending on the particular ethnic and gender groups you belong too, your educational attainment and your occupation.

The chart created by Nathan Yau from online data service Flowing Data, then gives you a clear chart of the chances for each group and combination of groups.

The tool can be found here

The UK divorce rate currently stands at 42% of marriages which gives couples more than a 50% chance of staying married. The most recent reports in the media suggest that divorce rates are now at their lowest point since the mid-1970s.

If you are currently going through a divorce we understand it can be a stressful time for everyone concerned, so if you would like to discuss any aspects of divorce, remember our experts are always on hand to guide you through the process.

Will my Talaq be recognised in the UK?

Whether or not your Talaq will be recognised in the UK will depend on a number of factors.

Was it pronounced in the UK or overseas?

For a divorce pronounced in the UK to be effective, it must be granted by a civil court. If a Talaq is pronounced under Islamic law, it will not be effective to bring your marriage to an end in the UK.

If a Talaq is pronounced overseas, whether or not it will be recognised in the UK will depend on whether it was pronounced by means of proceedings of otherwise.

An overseas divorce obtained by means of proceedings shall be recognised if:

1. The divorce is effective under the law of the country in which it was obtained; and
2. At the relevant date (being the date of the commencement of proceedings), either party to the marriage was
a. Habitually resident in the country in which the divorce was obtained; or
b. Was domiciled in that country; or
c. Was a national of that country.

‘By means of proceedings’
The mere pronouncement of a Talaq- known as a “bare” Talaq- will not to be sufficient for a divorce to be recognised in this country. ‘Proceedings’ require some form of State involvement, such as the intervention of the Union Council or the registration of the Talaq with the Sharia court.

Otherwise than by means of proceedings

If the divorce was obtained otherwise than by means of proceedings, neither party must have been habitually resident in the UK for one year immediately preceding the date on which the divorce was obtained and:

a. Each party to the marriage must be domiciled in that country; or
b. Either party to the marriage must be domiciled in that country and the other party domiciled in a country under whose law the divorce is recognised as valid.

For advice and guidance on area of family law or to discuss your current situation, please contact our specialist Family Law lawyers on 0161 927 3118 to make an appointment.

Differences In Divorce Settlements For Wives In England And Scotland Can Have Costly Consequences

A recent case which occurred between a couple who had spent their married life in Scotland before one partner moved to England prior to divorce proceedings shows how both husbands and wives can be caught out over maintenance settlements.

This is because the financial treatment concerning what are referred to as stay-at-home wives is significantly different depending on whether a divorce takes place in England or Scotland. The definition of a stay-at-home wife is one who has given up their career to support their husband, raise any children and support the household in general.

In England a wife in many cases will be entitled to maintenance for joint lives and even to a share of her husband’s pension. Spousal maintenance can cost a husband significantly more in cases in England than in Scotland where it will only last for 3 years after which it is expected that the wife will take up a former career.

One recent case involved a husband and wife who had lived in Scotland while they were married. Prior to the divorce, the wife went to stay with family in England while the husband remained in Scotland.

The wife commenced proceedings first, which was crucial in the case falling under English rather than Scottish law. As a result, the wife was entitled to significantly more maintenance than had the case been subject to Scottish Law.

For more information on this and other issues relating to divorce in different countries, please contact a member of our team for advice.