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Divorce myths - uncovered

Layla Babadi
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There are many myths around divorce, but how many of them are true – we’ve taken some of the most common ones below and explained the real situation. Assets are always split 50/50 on divorce. Whilst the starting point in English matrimonial...

What is a Talaq divorce and is it recognised in the UK?

Layla Babadi
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A Talaq divorce is, under traditional Islamic Law, said to have taken place when the husband pronounces ‘I divorce thee’ three times.  After the pronouncement the marriage is dissolved instantly. However, for a Talaq divorce to be...

Pets and divorce - 'Who gets the dog?'

Layla Babadi
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Pets are seen by many as part of the family and when a divorce takes place, the questions surrounding who will look after the family pet can add considerable distress to an already stressful time. Often the situation becomes quite fraught, but a specialist...

Dowries and Divorce

Layla Babadi
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The issue of dowries in divorce is one which we come across often.  There are a number of questions that clients often ask and in the article below we will aim to answer some of them. Can a wife claim back her dowry after divorce? The short answer...

The Impact of the Cost-of-Living Crisis on Divorce

Layla Babadi
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2022 saw an enormous hike in the cost of living. Soaring energy bills, rising interest rates and the increased cost of food and fuel are undoubtedly having a considerable financial impact on people across the country. In relation to the breakdown of a...

Family Court Reporting Pilot Scheme

Layla Babadi
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The President of the Family Division, Sir Andrew McFarlane, has circulated a message in relation to the Transparency Implementation Group Reporting Pilot which commenced on Monday 30 January 2023 in Cardiff, Leeds and Carlisle. Journalists will be able to...

Divorce Day: Fact or Fiction?

Caroline  Elliott
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The first working Monday of the year is known by many as ‘Divorce Day’ because legal practitioners often receive an influx of separation requests, caused by the stresses of Christmas, upon returning to work. Caroline Elliott , partner and family...

Summary of the Section 25 Principles

Layla Babadi
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Most, if not all, financial remedy judgments contain a review of the guidelines in section 25 of the Matrimonial Causes Act 1973, together with an analysis of relevant case law. Few judgments, however, provide a detailed checklist with a clear overview of...

Surge in Divorce Applications Following No Fault Law

Layla Babadi
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Divorce applications have reached their highest level in a decade following  the introduction of “no-fault” law . On April 6, new legislation  came into effect in England and Wales  enabling couples to go through divorce...

Overseas Pensions and Divorce

Layla Babadi
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Pensions can, for many separating couples, make up a significant proportion of family assets and should be fully considered when financial matters are dealt with during a divorce. Where a couple with UK pensions divorce in England, the court can make various...

No-Fault Divorce: The Blame Game Continues

Caroline  Elliott
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Six months on from landmark no-fault divorce reforms, legal experts and sociologists alike are keeping a close eye on the take-up and the reaction to the new separation option.  Caroline Elliott , partner and family law specialist, provides insight on...

What Happens to the Family Home Upon Separation?

Layla Babadi
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When a relationship ends, one of the most common concerns is whether one person can force the other to leave a shared family home. The outcome depends on your personal circumstances and there are safeguards in place to prevent a partner forcing the other out...

How Does the Court Determine Financial Provision on Divorce?

Layla Babadi
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There is no standard formula for calculating appropriate financial provision on divorce. The court has a duty to consider all the circumstances of the case and to consider a range of specific statutory factors set out in section  25  of...

An Overview of Islamic Marriage and Divorce

Layla Babadi
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Many Muslim couples in the UK have both an Islamic marriage and an English civil marriage, though some couples enter an Islamic marriage without entering a civil marriage. Where a couple have entered a civil marriage, an English court can...

Financial Provision in England Following an Overseas Divorce

Layla Babadi
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If you have obtained a divorce overseas there are some circumstances in which you can bring a claim for financial relief in the courts of England and Wales. Part III of the Matrimonial and Family Proceedings Act 1984 governs the bringing of financial claims...

Is My Foreign Divorce Valid in England?

Layla Babadi
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If you have obtained a divorce overseas there are some circumstances in which you can bring a claim for financial relief in the courts of England and Wales. Part III of the Matrimonial and Family Proceedings Act 1984 governs the bringing of financial claims...

No-Fault Divorce Law Introduced in England and Wales

John Boon
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The introduction of no-fault divorce in England and Wales has now arrived after over 30 years of campaigning by some family lawyers and other campaigners. Up until now the rules in England and Wales meant that anyone who wanted to divorce or end their civil...

Social Media, Electronic Communications and Family Proceedings

John Boon
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The recent outbreak of Covid-19 and the restrictions which have been put in place by the Government mean that a large number of us are spending more time on social media platforms, such as Facebook, Twitter and Instagram, and using electronic forms of...

Can You Obtain a Financial Order in England and Wales After an Overseas Divorce?

John Boon
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The Matrimonial and Family Proceedings Act 1984, Part III, enables people to apply to courts in England and Wales where there has been an overseas divorce and no, or inadequate, financial provision has been made. It is necessary to apply for permission, or...

Separation Agreements - Are They Binding or Not?

John Boon
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Consider the case of MB v EB. The parties separated in 2004 after only three or four years of marriage. In 2011 they agreed on a separation agreement where the husband, a struggling artist, received £245,000, from his wife, to purchase a property and...

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