Family Law

Family Law

Annulment of Marriages

Under Family Law, A decree of nullity may declare that a marriage is either void from the outset or voidable. Nullity is an alternative to a decree of divorce. A marriage is considered void will be void in the following situations (a) The married parties are too closely related to each other; or (b) either the bride or groom was under 16 years of age at the time of the ceremony; or (c) either party, i.e. bride or groom was already lawfully married at the time of marriage as it...Read More

Family law

Divorce

Divorce is a process which allows married couples to legally separate from each other as a husband or wife. The law in relation to divorce is governed by the Matrimonial Causes Act 1973. Approximately 115,000 couples divorce each year in England and Wales. Further, less than 1% of all divorces are defended. Divorce is only granted where a petitioner can prove that the relationship is irretrievably broken down. However, the court cannot hold that the marriage has broken down unless the petitioner satisfies the court of one or more of the five facts specified ....Read More

Family law

Divorce upon Adultery

In England and Wales nearly 115,000 couples divorce each year. In this Topic , we will discuss the adultery and intolerability as one of the legal reasons to start the divorce proceedings in the Family Courts in the UK. The starting point under family law is a one-year rule, which means that the couple seeking divorce must be married for at least one year. Under the one year rule, the married couple cannot apply for divorce before the end of a period of 1 year from the date of the marriage. The restriction of 1 year is envisaged to discourage over-hasty decisions to end such short marriages...Read More

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Seperation Agreements or Divorce

A separation agreement is a legal agreement made between individuals who are contemplating imminent separation or have already separated. Most couples entering into a separation agreement are generally married or in a civil partnership who does not want to proceed for divorce Under Family law, married couples and civil partners have a choice of either to apply for a divorce or agree on a Separation agreement. In last week’s blog, we explored grounds for divorces. This week we will explore the pros and cons and mechanics of Separation agreement... Read More

Family law

Child Relocation

The act of moving to a new place and establishing one’s home upon the breakdown of relationship, divorce, and separation. After the breakdown of a relationship, divorce or separation the child relocation is not uncommon under family law. If you’re upset because your ex is proposing a move, or you are weighing whether it’s something you should suggest, bear in mind that there are valid reasons why a move could be in your children’s best interests. Before deciding as to whether to grant leave the court will....Read More

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Domestic Violence

Domestic Violence is any incident or pattern of incidents of controlling, coercive, threatening behaviour, violence or abuse between those aged 16 or over who are or have been, intimate partners or family members regardless of gender or sexuality.Women are more likely than men to experience multiple incidents of abuse, different types of domestic abuse (intimate partner violence, sexual assault and stalking) and in particular sexual violence..Read More

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Forced Marriage

A forced marriage is where one or both people do not (or in cases of people with learning disabilities, cannot) consent to the marriage and pressure or abuse is used. It is an appalling and indefensible practice and is recognised in the UK as a form of violence against women and men under family law, domestic/child abuse and a serious abuse of human rights. The pressure ... Read More

civil Family law

Civil-partnership (heterosexual couples)

The Supreme Court of the United Kingdom in a recent case awarded a landmark judgement. It permitted a heterosexual couple to establish a civil partnership instead of a marriage. Civil partnerships were reserved for only same-sex couples before they were allowed to marry under the Marriage (Same Sex Couples) Act 2013 under Family Law. The Act came into force on 29 March 2014 and It allowed the same-sex couples to enter a marriage and it also allowed the civil partners to convert their partnership into a marriage from 10 December 2014 ... Read More

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Cohabiting-Partners

Under the family law and the rules of intestacy spouses, and civil partners including same-sex spouses and civil partners have wider rights to inheritance than a cohabitee. Aggrieved spouse or civil partner who has been left out of a Will or who is not inheriting on an intestacy can apply for a benefit from the estate of deceased after the death of his/her spouse and civil partner... Read More

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Parental Responsibility

In the unfortunate circumstance of parental separation, the welfare of the children is paramount. In the best-case scenario, both parents can come, amicably, to an arrangement of joint custody or access under Family Law . However, as feelings can be running high at the time of separation, it is common for parents to fail to agree on mutual terms. ... Read More

shariah Family law

Islamic Marriage - Sharia Law

Muslim men and women enter martial relationship through their religious ceremony of Nikha. Most marrying Muslim couples register their Sharia Wedding civilly as well. By registering their marriage civilly offers recognition to their marriage in English law. Where a Muslim couple fails to register their marriage civilly, their relationship is only recognised under Sharia law... Read More

Family law

Prenuptial Agreements - UK Guide

Prenuptial agreements or ‘prenups’ were once the reserves of Hollywood stars and the mega-rich. However, they are becoming increasingly popular in any relationship where one partner has more assets than the other at the time of marriage. They are particularly useful when one partner is expected to receive an inheritance, as a way of protecting assets should the relationship break down sometime in the future... Read More

Family law

Surrogacy in UK

Surrogacy is an arrangement, often supported by a legal agreement, whereby a woman (the surrogate mother) agrees to become pregnant and give birth to a child for another person(s) who is or will become the parent(s) of the child... Read More

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Annul Marriage

A marriage is a voidable marriage under Matrimonial Causes Act 1973, where the marriage has not been consummated due to the incapacity of either husband or wife to consummate or where either husband or wife intentionally or wilfully refuses to sexual intercourse or consummation. A question is often raised that whether such marriages which are not consummated are... Read More

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