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  • Child maintenance is usually governed by the Child Maintenance Service and there are only certain times when the court will make orders regarding child maintenance or child periodical payments. Spousal maintenance or spousal periodical payments can be made in financial proceedings and will depend on the circumstances of the case.

  • Each divorce follows the same process and there is no 'quickie divorce' We hope that 'no fault' proceedings will come in to practice in 2021.

  • If your marriage was legally recognised in the country your marriage took place, you can commence a divorce in England if you are habitually resident or domiciled in England or Wales.

  • The majority of divorces proceed undefended and it is rare to need to physically attend court. If you divorce is defended we would recommend you obtain specialist advice.

  • Research tells us that arrangements agreed between the parties are much more likely to succeed if they are made by consent. However, where one parent does not agree to those arrangements you may need to try mediation, arbitration or ultimately court proceedings to help you sort these arrangements.

  • Non Molestation Orders automatically have a power of arrest attached as a breach of this order is an arrestable offence. If you obtain an occupation order you may need a power of arrest.

  • Yes you need your original marriage certificate and an official translation if this is not in English. You can usually obtain certified copies but you can apply to court to dispense with filing a marriage certificate in certain circumstances.

  • If you decide not to divorce, you will remain legally married to your spouse and your financial claims against each other will remain open indefinitely.
  • Yes it is likely you will need to go to court but there are special measures we can ask to put in place to protect you/

  • A paper divorce is currently taking around 9-12 months. Online it takes around 4-5 months.

  • They can vary and it is up to court, but usually they are in place for 6-12 months.

  • There is no time bar if you wish to marry in England or Wales but you will need to check the country in which you intend to marry but you must be divorced and have your Decree Absolute.

  • The process for the dissolution of a civil partnership follows the same process as the divorce.

  • This is an injunction you can obtain from the family courts.

  • Only certain law firms offer legal aid and to provide this they have to have a contract with the Legal Aid Agency. Legal Aid can provide people with financial assistance to help pay for their legal fees but certain conditions need to be met to be eligible for this.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • These are the court proceedings that can be issued following a divorce/dissolution which will ultimately provide orders for a financial settlement.

  • These are historical terms the court used to describe where a child lives and spends time with a parent. These are now called Child Arrangement Orders.

  • This is a specific type of court application that is available to request an order to provide financial assistance for children from a party.

  • We will need to use reasonable endeavours to find them and serve the divorce papers upon them.
  • A 'Clean Break' Consent Order is an order agreed within divorce/dissolution financial proceedings which severs all financial ties between the parties both now and in the future.
  • Joint Tenants is one way of how two people can own a property together and it means that they own all of the property between them.
  • This is a type of order in divorce/dissolution financial proceedings that means a party can stay in a property until certain conditions are met.
  • Tenants in Common is another way of how two or more people can own a property together and it will define what proportion of the property that they own.
  • This is an order from the court setting out where children shall live and how they shall spend time with each parent.
  • A Consent Order is an order agreed within divorce/dissolution financial proceedings which sets out the terms of the agreement for the finanical separation such as disposition of property; bank accounts; maintenance payments and so on.
  • This is a document that is legally binding and usually sets out how legal owners of a property shall own the shares in that property.
  • This is the First Hearing Dispute Resolution Appointment in children proceedings and will usually be the first hearing you attend at court in a children application.
  • A MIAM is a Mediation Information and Assessment Meeting and is the first meeting you have in mediation. It is mandatory to attend a MIAM before you make a court application except in certain circumstances when you may be exempt.
  • This is a form of injunction that you obtain from the family courts to prevent a person associated with you from doing certain things
  • A Pension Sharing Order (PSO) is an order made upon the conclusion of divorce/dissolution financial proceedings which allows a pension to be shared in accordance with the order, and the receiving party will receive this share of the pension to put in their own pension fund.

  • A power of arrest attached to an order means that if the order is breached, the police have the power to arrest the perpetrator.
  • This is an order in children proceedings that prevents a person from doing something i.e. Going abroad.
  • This is an order in children proceedings that sets out a certain provision for a child i.e. Whether to change their name.
  • An Occupation Order is also a type of injunction and regulates how can stay in a property and financial provisions can be made.
  • An undertaking is a promise to the court regulating an action. It could be a promise to do something, ie close a bank account, or a promise not to do something. A breach of an undertaking is a very serious matter and is contempt of court.
  • Arbitration is a form of dispute resolution like mediation, but it takes place with a qualified arbitrator and they can make decisions that are binding.
  • Collaborative law is a process where both parties use trained professionals to resolve their legal dispute without going to court.
  • Mediation is an impartial independent service who can assist you and your ex-partner to make arrangements for your family upon separation.

  • This is the legal definition of the responsibilities that parents have over children for example to make decisions about a child's religion or health needs.
  • TOLATA stands for Trust of Land and Appointment of Trustees Act 1996 and this is the law that governs property disputes, usually between cohabiting couples but can be used in a variety of different proceedings and set of circumstances.
  • Cafcass are the Children And Family Court Advisory Support Service and they are professionals who help the courts in children proceedings.
  • Where a property is owned as Joint Tenants, by severing this this means the property will then be owned by the parties as Tenants in Common with specific shares.