Absolute
The Decree Absolute on Divorce is now known as the Final Order. The decree absolute was the final application in divorce proceedings, leaving you free to marry again, if you wished.
Divorce and family law
Without Prejudice
If correspondence is marked “without prejudice”, then generally speaking, it means that it cannot be produced in court. There are some exceptions to this.
Respondent
The person who responds to proceedings issued at court.
Injunction
An Order of the Court preventing someone from doing something e.g. disposing of assets, being violent or threatening.
Disclosure
Disclosure is the process following separation or in court proceedings for financial provision where each party provides complete and up to date information about his or her financial position.
Islamic divorce – If the “Khula” is granted will I receive an official certificate?
Following the panel meeting, if an Islamic Divorce is to be granted, the panel will issue you with a formal divorce certificate similar to that of a Decree Absolute. At Winston Solicitors we always hold a duplicate copy on file for up to 6 years.
Islamic divorce – Is a panel meeting required?
Yes, the Islamic Divorce panel have to satisfy themselves that your case is significant enough for an Islamic Divorce to be granted. Certain panels require face to face meetings, however this isn’t necessary. At Winston Solicitors we arrange panel meetings by way of video call, it allows our clients to feel at ease and relaxed in their own environment.
Islamic divorce – What if my ex-husband does not provide a response?
It is actually rather common for the ex-husband to intentionally not respond or acknowledge the Islamic Divorce papers when sent to him. This is why “service” of papers is important. As long as your solicitor can prove that your ex-husband received the paperwork or is aware the procedure has started, then the panel will move on to the next stage regardless of whether or not he responds.
Islamic divorce – What if I don’t hold a copy of my Nikaah Certificate?
At Winston Solicitors we have helped many clients obtain an Islamic Divorce even in the circumstances where they could not produce their Nikaah certificate. So do not worry, you just need to be proactive. You must first try and contact the organisation that carried out your Nikaah Ceremony as they would usually hold a duplicate copy of your Nikaah certificate for their records. If this isn’t possible, then you will have to provide sufficient evidence to the Islamic Divorce panel so that they can be satisfied that the marriage actually took place. Winston Solicitors can help you with this.
Islamic divorce – How long will the process take?
The simple answer is that it all depends on who you instruct. If you use a reputable firm/panel then the process should be both clear and organised. At Winston Solicitors the average time scale for our client’s from when their Application is submitted to a decision being made is 2 months compared to other firms who have a usual average of 8 months. It is important to note that not all firms/panels have a structured process which means the decision to grant a “Khula” can take up to a lengthy 8 months.