Divorce can be difficult and emotionally challenging and we combine helpful support with a service that is expert, professionally conducted but also empathetic.When children are involved, the issues of most immediate concern are likely to include where the children are going to live and the rights of each parent to see the child. We will discuss all such issues with you as well as talking about how property, money and other assets are likely to be divided before the matter ever gets before a judge.Our aim is to ensure that the result is the best you could possibly achieve, that you know before the process begins what is likely to happen, and that you are kept informed as it develops.The first step will usually be to establish that jurisdiction in your case lies with a court in England and Wales. This requires at least one of the following conditions to be met:

• You are both resident in England and/or Wales
• Your last joint residence was, and the residence of at least one of you still is, in England or Wales
• The party commencing divorce proceedings lived for at least one year before the petition is filed in England or Wales or, where the party commencing proceedings was born in England or Wales, that person lived for at least six months before the petition is filed in England or Wales
• The birthplace of both parties was in England or Wales.

It should also be borne in mind that divorce proceedings cannot begin until the parties have been married for not less than twelve months.Under present law, the person petitioning for divorce must be able to show irretrievable breakdown of the marriage. Five possible grounds for showing this exist:

• Adultery in the form of sexual intercourse with someone other than the marriage partner must have been committed by the other person and the result is that the petitioner finds living with the other person to be intolerable.
• That the behaviour of the other person has been such that the petitioner can no longer be reasonably expected to live with that person.
• That, before the petition is filed, the marriage partner must have deserted the petitioner for not less than two years.
• That, before the petition is filed, the two parties have lived apart for at least two years (which, once again, must have been continuous) and that both parties consent to divorce.
• That, before the petition is filed, the two parties have lived apart for at least five years.

After the petition has been filed, the court will send a copy to the other person (the respondent), who is required to respond in a maximum of eight days. The court will send a copy of the response to the petitioner.  Provided there are no additional factors to be taken into account, the divorce process should be completed in not more than six months. While the court will give consideration to the proposed arrangements with children, if there is no dispute it will not make any order concerning your children. It will also give attention to who should be responsible for costs. You won’t even, in the absence of arguments about aspects of the process or about arrangements concerning the children, be required to attend the court hearings.

If our client (you) is the petitioner – that is, if it is you who applied for the divorce – we will prepare an application for Decree Nisi together with a statement that you must sign to confirm that what is stated in the petition is true. A date, probably within weeks of lodging the application, will be set for the Decree Nisi.The petitioner can apply for a Decree Absolute six weeks and aday after the Decree Nisi.

Islamic Divorce

Certain factors decide the validity in the UK of an Islamic marriage. If a couple married under Islamic law were also legally married in England and Wales, dissolution of the marriage requires divorce proceedings under English law, and this remains true even if a Sharia divorce has already been granted. It is, however, not true to think that an Islamic marriage contract (a nikah),where no legal civil marriage has been conducted,is valid and legally recognised in England and Wales. Such a marriage will not be legally binding.If an Islamic marriage that took place in another country is to be recognised in the UK, it is necessary to produce a marriage certificate issued under that country’s laws.

Temple Gate Solicitors are specialised in Divorce applications and can help you through this process.  To book a consultation with one of our legal experts contact us on 020 7183 8043 or send us a message by clicking here.