Family Law Articles & Advice

In this blog, our family law solicitors offer tips on how to get the best out of family mediation to help you resolve your family law issue.  For expert family law advice call our team or complete our online enquiry form.   Here are some tips on getting the best out of family mediation:            1.Do you know where you are going?  That may sound like a stupid question but often mediation sessions take place at a mediator’s office and the location may be unfamiliar to you. Your mediation session will not get off to a good start if you arrive late or flustered.           2. Do you have time?  Most mediation sessions last for about an hour to an hour and a half. Sometimes they can run over a bit. It is best to avoid booking the mediation meeting on a day or at a time when you need to rush off to an important business meeting or to do the school run.           3. Is it the right time to mediate?  If a couple has been separated for a while, then it may be the right time to go to mediation. For others, the timing can be more complicated as one of you may feel too raw about the relationship breakdown to be able to engage in mediation.  It is always a balancing exercise because you do not want to leave starting mediation for too long but starting it before one of you is ready can be counterproductive. A spouse who is finding it hard to come to terms with the marriage breakdown might find it helpful to have a period of counselling before or during the mediation sessions.           4. The choice of mediator  Make sure that the mediator is right for you and your spouse or ex-partner.  Your solicitors should ideally agree on the choice of mediator.  It can be hard to choose a mediator but do not be swayed by their location and convenience or your friend’s views. These can be important considerations but other factors may influence your decision. It may be the case that you know your spouse would feel more comfortable with a male or female mediator. You may be keen to accommodate their wishes to give mediation the best chance of working.  Your family finances may also be a consideration when looking at the choice of mediator.  If you own a family business or have complex finances a mediator with a legal or financial background might best meet your needs.            5. The mediation agenda  At the outset of the mediation sessions, the mediator will normally discuss and agree on an agenda.  You may only have one item on your agenda, for example, to keep the family home or your pension. Although it is important that your spouse, your solicitor and the mediator know what your priority is, it is also important that other things and options are put on the agenda for discussion.            6. Listen  Mediation is a two-way process. That is why it is hard, as you need to listen to your ex-partner’s views to try to reach a compromise. Listening to them should ensure that they treat you with the same courtesy and listen to what you have to say. Mediation sessions can be emotionally hard and can sometimes bring up painful topics or memories. If it is too much for you ask for a break. It is better to have a break rather than continue when you are very emotional or upset.            7. Ask for explanations  Solicitors, mediators and spouses can all assume that you know what they are talking about when they use legal terminology or talk about financial matters, such as pension-sharing options or mortgage finance.  If you are uncertain, about what has been said or what is proposed then ask for clarification. A mediator cannot give legal advice but they can explain legal or financial terminology. You should also ask for a detailed explanation from your family law solicitor and not make any decisions about your options and any proposed agreement until you have done so.            8. The past is in the past  When you are in mediation, it can be tempting to go back over old history. Sometimes it can be relevant. For example, if one of you paid the deposit on the family home or received an inheritance. Sometimes going over old history just makes it harder to reach a compromise. For example, if you want to look at the reasons for the marriage breakdown.  Mediation is normally about looking at the future and helping you reach an agreement that will work for the family. If too much time is spent on reviewing what went wrong it can be hard to focus on reaching an agreement.           9. There is more than one option  It is very rare for there to be only one solution in mediation. There are normally many options and it is best to go to mediation without having a fixed view that your preferred resolution is the only acceptable option.         10. Do your homework  A mediator will often ask you to bring some paperwork or carry out some investigations before the next mediation session. For example, you may be asked to get an estate agent’s appraisal of your family home or to speak to a mortgage advisor to look at your mortgage options.  Even if you do not want to sell the family home or get a new mortgage, it is important that you do the homework. If you do not your ex-partner may get frustrated by the mediation process and start court proceedings. You will then lose the chance to try to reach a mediation agreement.  [related_posts] Talk to your family law solicitor  Mediation should not be carried out in isolation from legal advice. It is a common misconception that the mediator will give legal advice. They cannot do that. Their job is to act as an impartial mediator to facilitate an agreement. They therefore will not take sides or advise you.  Mediation works best if you have mediation support. That involves:  Talking about what mediation entails, looking at the alternatives and deciding if mediation is right for you. If there has been domestic violence or a power imbalance then an alternative to mediation may be better for you. If you have reached a broad agreement a one-lawyer amicable divorce service may meet your needs  Getting legal information and advice about your separation and divorce and the timing of the no-fault divorce   Getting advice about your financial claims, for example, you need to know if you have a pension claim and the legal answer will depend on whether you are or were married to your ex-partner or not   Explain why you need financial paperwork to help you reach decisions in mediation and, if necessary, review your spouse’s paperwork with you  Getting advice on the types of orders that a court might make if you or your ex-partner were to start court proceedings so you can make an informed decision about any financial or parenting agreement discussed in mediation  If an agreement is reached, prepare a draft financial court order or child arrangement order for a judge to then approve  All our family lawyers can support you on your mediation journey to help you reach an agreement on childcare arrangements or a financial settlement after a separation or divorce.  For expert family law advice call our team or complete our online enquiry form.

Will solicitor, Chris Strogen, is emphatic that you do need a Will if you are married.  In this blog, we explain why you need a Will if you are married and how our Will solicitors at Evolve Family Law can write your Will or advice on whether an existing Will needs changing.  For expert Will and estate planning advice call our team or complete our online enquiry form.   Why do you need a Will if you are married?  Whether you are married or not, if you die without a Will then your assets (called your estate) pass under statutory intestacy rules. Who gets your money and estate depends on whether you are married or in a civil partnership and whether you have children or other extended family.  The intestacy rules are inflexible and they may not reflect your wishes or be tax-efficient. Without a Will, it can be more difficult to administer your estate, especially if you own complicated assets. For example, you are a shareholder in a family business or you are self-employed as a sole trader or own a buy to let property portfolio.  In addition, if the intestacy rules do not meet your family circumstances a qualifying relative may want to challenge the estate distribution and make a claim against the estate. They can do this by alleging that the intestacy rules do not make reasonable financial provision for them.  The intestacy rules if you die without a Will and you are married  The intestacy rules if you die without a Will and you are married depend on whether you have children.   Step-children do not count as your children for this purpose as they are not biologically related to you. That’s the case even if you have always been very close to your step children. Your children from any previous relationships do count even if they are estranged from you or if at the date you pass away, they are financially independent with their own homes and families. Children includes adopted children and the descendants of your biological or adopted children.  If you do not have children your husband, wife or civil partner will inherit your entire estate.   If you do have children your husband, wife or civil partner will inherit:  The first £322,000 of your estate  All your personal possessions  Half the rest of the estate. The remaining half is divided equally between your children   The intestacy rules say that if a child has died before their parent, then the grandchild or the great grandchild of the deceased inherits in their parent’s place.  As the intestacy rules are inflexible an estate claim could be brought. For example, your husband or wife may say that they need more than £322,000 and half the rest of the estate to meet their needs. Alternatively, if you jointly own a family home with your spouse as joint tenants, your surviving husband or wife will end up owning the family home as well as getting the first £322,000 of your estate and half the remainder of the estate. Depending on the size of your estate, that may not leave much for your children to inherit.  [related_posts] Why writing a Will is a good idea whether you are married or not  Having a Will in place is always a good idea, whatever your personal circumstances.  With a Will you can:  Decide who should administer your estate and distribute the monies. The named people are called your executors. They can be family members, friends, a Will solicitor or a combination. You need at least 2 people to act as your executors  Appoint a testamentary guardian for your children. This is important if you have children under the age of 18  Make gifts of specific assets to people, such as items of jewellery or sentimental family heirlooms  Ensure that your estate is distributed tax efficiently so the estate pays less in inheritance tax. This should mean there is more money left for your beneficiaries  Leave money to a charity of your choice  Say what your preferences are about funeral arrangements  Place money in a trust. This can be helpful where, for example, you have been married previously and have children from different relationships. You may want your current spouse to be able to stay at the family home and have enough to live very comfortably but you may want your estate left in trust so that on your spouse’s death your remaining estate passes to your other trust beneficiaries, such as your children. If money is left outright to your spouse in your Will or under intestacy rules, then on the death of your spouse your monies will form part of their estate and be distributed in accordance with their Will or under intestacy rules. If your spouse remarries then the monies inherited from you may pass to their new husband or wife rather than to your children or grandchildren or to your preferred charity  There are many other reasons why talking to a Will solicitor is a good idea. For example:  To understand what assets form part of your estate. If the family home is owned as joint tenants, it passes straight to the surviving owner and not by your Will. If the house is owned as tenants in common your share of the property passes by your Will or under the intestacy rules. Other assets, such as a pension or life insurance, may not pass by your Will but by nominations. It all depends on how the policy is written  It may be tax efficient to make lifetime gifts as part of your estate planning and IHT strategy  You may want to put in place a Lasting Power of Attorney for yourself and your spouse  You may want to check if your former spouse has a potential claim against your estate and discuss what you can do to protect your current husband or wife or your children from such an estate claim   For expert Will and estate planning advice call our team or complete our online enquiry form.

Intestacy or dying intestate means a person has passed away without a valid Will. The person’s estate is therefore distributed under the intestacy rules.  In this article, Will and probate solicitor, Chris Strogen, looks at what intestacy might mean for you or your family.  If you need help with making a Will or with probate and estate administration call our team or complete our online enquiry form.   Passing away without a Will   If you die without a Will your family will not have the guidance you could have given in a Will. A Will does not just say who should inherit your estate. A Will can also:  1. Appoint executors to administer your estate In a Will, you can choose the best person for the job of executor. That might be your husband or wife, a friend, an adult child, your Will solicitor or a combination of these people. You may know that asking your spouse and your children to work together as executors will not work in your family circumstances and in your Will you can appoint your executors with care  2.Set out when your chosen beneficiaries will inherit You may not want your children to come into their inheritance until they are 21, 25 or 30 so they are a bit more mature when they receive a life changing amount of money  3.Protect your minor children by appointing a testamentary guardian in your Will   4.Ringfence assets in a trust so your trustees can distribute the income or capital in your estate to the discretionary trust beneficiaries after considering their circumstances and making distributions in a tax-efficient manner. A trust can be very helpful in a blended family or where there are concerns that if a gift is left outright to a family member it will be wasted or end up being used to fund the beneficiary’s divorce settlement   5.Make small bequests so friends or grandchildren are not forgotten as they are left an item of sentimental value or a gift of money  A Will is a very powerful document as it sets out the testator’s wishes. All of us should have a Will to protect our loved ones. That is particularly important if your estate would not pass following your preferences under the intestacy rules. For example, a much-loved unmarried partner of 20 years inherits nothing under the intestacy rules. For example, depending on the size of your estate, a spouse you married 6 months before your death may inherit everything leaving nothing to your 4 children from your first marriage.  The rules of intestacy explained  If there is no Will your estate passes under the rules of intestacy. There is no discretion – the rules apply whether or not they are what you would have wanted to happen to your estate.  As the intestacy rules are rigid, they can create family upset. For example, if your cohabitee will not receive anything or if the family heirloom you verbally promised to your grandson is inherited by your new spouse.  The intestacy rules say:   If the person who died was married or in a civil partnership and had no children, all their estate goes to their husband, wife or civil partner  If the person who died was married or in a civil relationship and has children, the first £322,000 of their estate goes to their spouse or civil partner, together with all the deceased’s personal possessions. If the estate is worth more than  £322,000 then the spouse or civil partner gets half the balance and the deceased’s children split the remaining half between them  If the person who died was not married or in a civil partnership, but has children, the estate goes to the children. If there are no biological or adopted children, the estate goes to the parents and the intestacy rules continue with a list of more distant relatives in order of preference. [related_posts] If the intestacy rules create unfairness  If the intestacy rules create unfairness, then there is the potential to sort things out by the beneficiaries under the intestacy rules agreeing to forgo their inheritance or share their inheritance. That does not always happen as an unmarried partner of 20 years may not get on with the deceased’s adult child from a previous relationship or with the deceased’s parents so the family is unable to negotiate a compromise on how to share the estate.    If the family cannot sort out the difficulties created by the lack of Will and the intestacy rules then a disappointed unmarried partner or other relative could make a court application to claim a share of the estate because the intestacy rules did not make reasonable financial provision for them. The court must look at each case on its facts. For example, if the unmarried partner is a successful business owner with a good income and a property owner, the court may decide that they do not need a share of the estate. The ruling might be different if the unmarried partner was living on a state pension and the deceased’s adult children were all homeowners and doing well for themselves.  The problem with challenging the intestacy rules is that it can create ill will within a family and it costs both time and money. It is a lot simpler and cheaper to make a Will.    Avoiding intestacy  Avoiding intestacy is easy. All you must do is make sure that you and your loved ones have a Will. It is also important to review your Will and make sure it is up to date. If your Will is not up to date you may end up with a partial intestacy. For example, if you leave half your estate to your brother but your brother passes away before you do so. A partial intestacy can be avoided by updating your Will to name a new beneficiary. In any new Will, it is a good idea to include a ‘what if’ clause. For example, you leave half your estate to your nephew but if he passes away before you then the legacy is shared between his children.  Our solicitors can help you with all your Will and estate administration needs, including if you are unsure about what to do if a relative has passed away without leaving a Will.    If you need help with making a Will or with probate and estate administration call our team or complete our online enquiry form.  

Many people assume that once they get their final order of divorce their ex-spouse has no further claims against them or their estate. Family lawyers and Will solicitors say that is not correct.  In this article, our lawyers look at when an ex-wife can make a claim against an estate and what you can do about it to protect your estate and your beneficiaries.  For expert family law and Will advice call our team or complete our online enquiry form.   Financial claims after a separation or divorce     When you separate or divorce your ex-partner their financial claims remain intact until you reach an enforceable agreement or the court makes a financial court order.  Even if you reach an agreement or the court makes a financial court order your ex-spouse may still retain all or some of their financial claims. That is why it is essential to use a family law solicitor to help you negotiate a financial settlement or to draw up your financial court order. It is equally important that your solicitor explains what the wording of the order means.  The only way you can achieve finality with no risk of further financial claims is if the court makes a clean break financial court order.  What is a clean break financial order?    A clean break financial court order can be made by agreement ( you and your ex-spouse ask a family judge to convert your agreement into a binding court order) or after a contested court hearing. Clean break orders can be confusing as there are 2 types:  Immediate – as soon as the court order is made your ex-spouse cannot make any further claims or they cannot do so once the order is implemented. For example, an order will be implemented after the sale of a family home, the agreed division of equity, and the pronouncement of your final order of divorce   Deferred – the clean break comes into effect when an event occurs. For example, if you are ordered to pay time-limited spousal maintenance the clean break may come into force when the spousal maintenance payments end. A deferred clean break can be confusing as the court order may allow the person receiving the spousal maintenance to apply to the court to extend the length of the spousal maintenance order or the person receiving the spousal maintenance may ask the court to make a lump sum payment or pension sharing order in their favour instead of them continuing to receive ongoing spousal maintenance. Some court orders do not allow the person receiving spousal maintenance to apply to court to extend the maintenance term    As clean breaks are complicated it is best to take legal advice on your financial settlement to see if you are likely to be able to achieve one and whether it is in your interests to do so. For example, if your ex-wife is in a new relationship and you think she will remarry you may not want to give your ex-wife more money to buy off her spousal maintenance claims. Why? Spousal maintenance automatically stops on re-marriage and it cannot be revived if the ex-wife’s second marriage breaks down. However, if an ex-wife cohabits rather than remarries you will only achieve a clean break if the spousal maintenance order provides for this.  Your priorities and goals    It is important that your family law solicitor takes their time to understand your priorities and goals. Some people are adamant that they want a clean break. There may be reasons for this, such as a bad experience in a first divorce, the future anticipated sale of a business, or wanting to protect your children from your ex-wife making a claim against your estate. Other people may be more sanguine about negotiating a clean break order. For example, if you do not have children and are not worried if your ex-wife tries to make a claim against your estate as you are leaving most of your money and property to charity and know that your executors can fight the claims in the unlikely event that your ex-wife brings a claim against your estate.  [related_posts] Can your ex-wife make a claim against your estate?  Whether your ex-wife can make a claim against your estate will depend on whether you have a financial court order, its precise terms, and whether your ex-wife has remarried.  If you are concerned that your ex-wife may have a claim against your estate under the Inheritance Act then talk to a Will solicitor.  She will still have a potential claim even if you make a Will and cut her out. That is because under the Inheritance (Provision for Family and Dependents) Act 1975 anyone who falls into one of these categories of people has a potential claim against your estate:  A wife, husband, or civil partner  A former wife, husband, or civil partner (provided they have not remarried)  A child or someone treated as a child by the deceased   Someone who was living with the deceased for the 2 years before the deceased’s death  Anyone who immediately before the deceased’s death was financially dependent on them   A private client solicitor can provide you with estate planning advice and draw up a Will that reduces the risk of your ex-wife bringing a 1975 Act claim. They can also work with a specialist family law solicitor so you can explore whether it is worth asking the court to make your existing financial court order into a clean break order. This may be possible if, for example, the court left spousal maintenance open-ended because your ex-wife might need spousal maintenance in the future but she has been in a long-term cohabiting relationship so you think the time is right to secure a clean break.  At Evolve Family Law our family law solicitors work closely with our private client and Will lawyers and recommend that when you separate you think about making a Will or changing the terms of your existing Will.    For expert family law and Will advice call our team or complete our online enquiry form.    

Nowadays inheritance tax is a bit of a political hot potato with some politicians calling for the ‘death tax’ to be scrapped. Many people are not sure about how inheritance tax works and if inheritance tax would affect their family. Some people stress about the tax and others take the attitude that as it is a death tax it isn’t something that is a big priority.  Our Will solicitors spend their days talking about IHT. They explain what it is, how much your estate could end up paying in tax, and the steps you can take to reduce the IHT payable by your estate. Will solicitors say it is in the best interests of your family and loved ones that you carry out some estate planning. By taking what are often simple steps you will leave more of your estate to your chosen beneficiaries rather than to the tax man. To most people that is a ‘no-brainer.’  For expert Will and estate planning advice complete our online enquiry form.   Who pays inheritance tax?   Inheritance tax (IHT) is payable on a deceased’s estate if the estate is not inheritance tax exempt. Whilst IHT is not a tax that you need to pay during your lifetime there are steps you can take to reduce the IHT liability on your estate. Will solicitors refer to this as estate planning or IHT mitigation.  If you do not engage in estate planning your estate may have to pay a tax bill of 40% of the net value of your estate after considering 2 thresholds:  The IHT threshold of £325,000  - all estates only pay IHT if the estate is valued at more than £325,000. The first £325,000 of an estate is referred to as the nil rate band or NRB  The residence nil rate band of £175,000 – your estate may qualify for an additional £175,000 in nil rate band if you own a property and you are passing it on to your child or grandchildren. If the residence NRB applies to your estate then your net estate will only pay IHT on anything over the first £500,000 ( the £325,000 is added onto the £175,000)  The rate of IHT can be reduced to 36% if you leave at least 10% of your estate to charity.  Calculating the value of your estate  Will solicitors say that you should not assume that your estate will not need to pay IHT if your estate is currently worth less than £325,000 or £500,000. That is because the value of your assets may go up at a faster rate than the government IHT thresholds or the thresholds could even be scrapped.   There can also be confusion about what assets are included in your estate to calculate your estate’s IHT liability. For example:  An insurance policy payment may fall outside your estate because of the wording of the policy  A gift given to a family member may have a percentage of its value added back into your estate if you died within 7 years of making the gift  When a probate solicitor is dealing with an estate administration, they will advise you on IHT liabilities and when any inheritance tax is payable.  Exempt estates  Some estates are exempt from paying IHT. This can be down to one of several factors:  The estate is valued at less than £325,000 (or £500,000 if the estate qualifies for the residence nil rate band of £175,000 on top of the standard IHT threshold of £325,000). The value of the estate could be less than £325,000 because the deceased made lifetime gifts to friends and family and survived for 7 years after making the gift  The estate is left to charity   The estate is left to a husband, wife, or civil partner. This is referred to as the spouse exemption. When the second spouse passes away their estate can use the first spouse’s nil rate band of £325,000 as well as their own so their estate only pays IHT on the value of the estate over £650,000 . [related_posts] Reducing your inheritance tax bill  There are several ways that you can legitimately reduce the potential inheritance tax bill that your estate may end up paying.   One of the more radical IHT suggestions is to get married if you are living with a partner in an unmarried relationship. If you leave your estate in your Will to your new husband or wife then the spouse exemption will apply so no inheritance tax is payable. For an estate worth 1 million, with a nil rate band of £325,000, that is a potential tax saving of £270,000. Before you marry you could decide to sign a prenuptial agreement to safeguard your family money in case of separation or divorce during your lifetime.    Other less radical options include leaving a percentage of your estate to charity to reduce the tax rate from 40% to 36% or using your annual allowance to make gifts to family members.  There are other ways you can reduce your inheritance tax bill. A Will solicitor can explore them with you and work out which ones are suitable for your financial and family circumstances. At the same time, they can review your existing Will to make sure it remains fit for purpose and is tax efficient. If you don’t have a Will then one can be prepared for you.   For expert Will and estate planning advice complete our online enquiry form. 

Our private client and Will solicitors are asked the question ‘Can a separated spouse inherit?’ The quick answer is yes or maybe. That’s why if you are thinking about a separation or divorce you need to talk to a Will and estate planning solicitor as well as to a family lawyer.  In this article, our Will solicitors explain why you need a Will or a new Will if you are going through a family separation. Our specialist lawyers can help you with all your private client needs, including writing a Will for you or checking if your existing Will needs amending, because of your new family circumstances.  For expert Will and estate planning advice call our team or complete our online enquiry form.   Who inherits if you are separated   If you are separated from your husband, wife, or civil partner then you are still in a legal relationship with them until the relationship is dissolved by your securing a final order of divorce or the dissolution of your civil partnership.  A gift in a Will to a separated spouse or civil partner is valid despite your separation.  If you have not made a Will your separated husband, wife, or civil partner is one of your next of kin and they will be entitled to a share of your estate under the intestacy rules.  The intestacy rules set out who inherits your estate where there is no Will. The rules say:  If there are surviving children or grandchildren or great-grandchildren and the estate has a value over £322,000, the spouse or civil partner will inherit:  All the personal property and belongings of the deceased and   The first £322,000 of the estate and   Half of the remaining estate  2.If there are no surviving children, grandchildren or great-grandchildren, the spouse or civil partner will inherit:  All the personal property and belongings of the deceased and   The rest of the estate   Whether there is a Will or if the intestacy rules decide who gets an estate, some people can challenge the provisions in a Will or the intestacy rules distribution. They can do this if they do not think that the Will or the intestacy rules make reasonable financial provision for them by making a claim against the estate.  [related_posts] Joint property and separated spouses  Many married couples jointly own their family home. If a house is owned as joint tenants the surviving partner automatically inherits the deceased’s share of the house. That is the case even if the deceased was separated from their husband or wife or even if the deceased made a Will leaving their estate to their children or charity.  If you do not want your husband or wife to inherit under the joint tenancy survivorship rule then your family law solicitor can check to see if you own your family home as joint tenants. If you do own the property as joint tenants then you can sever the joint tenancy. That means the property continues to be jointly owned but you own it with your spouse as tenants in common. If you predecease your spouse your share of the property will pass under the terms of your Will. It is important to check the terms of any existing Will and to change it if necessary. That’s because most married couples have Wills that leave most of their estate to their spouse so severing the joint tenancy will only work if you also change your Will.    If you do not have a Will then intestacy rules will apply to your estate so it is important to get a Will solicitor to prepare a Will for you if you do decide to sever the joint tenancy.  One point to note is that if your separated spouse predeceases you after you sever the joint tenancy then you will not automatically inherit their share of the property under the survivorship rules. Instead, your estranged spouse’s share of the property will pass under their Will or intestacy rules.  Making a Will if you are separated  If you are separated from your husband, wife, or civil partner it is best to change your Will straight away rather than wait until after your divorce comes through. That’s the case even if your separation is amicable. For example, you may want to change your Will to leave your estate in trust for your young children. If the separation is amicable, you could appoint your estranged wife as one of the trustees of your estate. If your estate is left to your wife directly and she remarries then her second husband could inherit her estate (including the money and assets she inherited from you) and your children could lose out.  A Will solicitor can help you write a Will that reflects your new family circumstances and reduces the risk of a person making a claim against your estate. For example, they may recommend that your Will includes a discretionary trust. There are lots of options and estate planning choices that a specialist Will solicitor can talk you through.   For expert Will and estate planning advice complete our online enquiry form.      

If you got married in an Islamic wedding ceremony in the UK or overseas, are you treated as legally married in England? Can you get divorced in the UK?  The divorce solicitors at Evolve Family Law answer your questions on Islamic marriage and divorce in the UK.  For expert family law advice call our team or complete our online enquiry form.   Islamic marriage in the UK  Whether your Nikah is classed as a legal marriage and recognised in English family law depends on where and how the marriage took place.  A Nikah that took place in the UK is not treated as a legal marriage unless there was also a valid UK civil ceremony. If you had a Nikah in the UK without a civil ceremony it is best to check with a family law solicitor to see if you are legally married or not under English law. It is important to check this out and, if necessary, get married legally under UK law. That’s because if you are not legally married under English family law you do not have the financial rights and claims of a husband or wife but of an unmarried partner.  If your Nikah took place overseas you are treated as legally married in the UK provided the country where you got married treats Islamic marriages or Nikahs as legally valid. That means you do not need to have a civil wedding ceremony in the UK as you are already legally married.  Family law solicitors acknowledge that the UK family law on the validity of Islamic marriages can be confusing.  The English court does have the power to declare that you are legally married if there is a dispute but it is best to avoid declaration proceedings unless there is no alternative. For example, if your spouse is denying your marriage and your financial claims as a spouse.  Divorce in the UK   If you are legally married and you want to get divorced you can apply for a no-fault divorce. If your wedding was a Nikah under Sharia law and it took place in England without a civil marriage then you won't need to apply for a no-fault divorce as you are not treated in English law as legally married. You may want to get divorced under Sharia law.  If you thought you were married then it may be worth checking out if you can get a declaration of marriage. That is because:  Under Sharia law your financial  claims may be limited  In English law, if you are not legally married, your financial claims as an unmarried husband or wife are limited to property rights and claims under trust law. Instead of being able to claim half the assets you may be able to claim nothing or very little in comparison to the sort of financial settlement a husband or wife might expect the family court to order as a financial court order   [related_posts] The financial claims of an unmarried partner    If your marriage is not legally recognised in the UK, you can potentially make 2 types of claims, depending on whether you have children with your partner.  Under Schedule 1 of the Children Act, you can bring court proceedings for an order to provide your children with a home to live in whilst they are of school age. The ownership of the house will then revert to your partner. You can also ask the court for a lump sum to meet the financial needs of your children and to make a top-up child support order if your partner is a high earner. The Child Maintenance Service may also be able to award you child support.  Whether or not you have children you may be able to make a claim under The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). You can bring a TOLTA claim if your partner owns a property jointly with you or if they own a property in their sole name but you can evidence that you have what is referred to as a beneficial interest in the property owned by your partner.  Get expert family law legal advice   It is essential that you take expert legal advice on the status of your marriage from specialist family law solicitors. That’s because if your Nikah is a valid marriage (or you can secure a declaration of marriage) you may be able to secure a financial settlement including spousal maintenance, a share in property, savings, a family business or a pension sharing order.    For expert family law advice complete our online enquiry form.  

At Evolve Family Law our family law specialists are members of Resolution, an organization of family justice professionals in the UK.   This week is Resolution’s Awareness Week.  For expert advice on family law call our team of specialist lawyers or complete our online enquiry form.   Resolution Awareness Week  In recent years, the Resolution dialogue surrounding divorce has shifted from a conventional narrative of separation to a more nuanced exploration of relationships and their legal underpinnings.   Once known as Good Divorce Week, an initiative spearheaded by Resolution, the annual event traditionally aimed to promote amicable separations. However, this year the Resolution Awareness Week marks a significant pivot, redirecting attention toward cohabitation and its intersection with UK family law.  A focus on all relationships   Resolution has long been at the forefront of advocating for constructive approaches to divorce. However, recognizing the evolving landscape of relationships in the UK, the focus has expanded beyond divorce to encompass the dynamics of cohabitation.  The renaming of the awareness raising event from Good Divorce Week to a more encompassing theme signifies a broader perspective that goes beyond divorce itself. This shift acknowledges that relationships come in various forms and that understanding the legal implications of cohabitation or the nuances of LGBTQI+ relationships is just as crucial as navigating the complexities of divorce.  Cohabiting relationships   Cohabitation, while increasingly prevalent, lacks the legal structure and statutory protections that marriage or civil partnership offers. This change in focus by Resolution during what was once Good Divorce Week represents a pivotal moment in acknowledging the need for clarity and legal recognition for individuals in cohabiting and non-traditional relationships.  The Resolution awareness campaign aims to dispel misconceptions surrounding cohabitation and educate individuals about their legal rights and responsibilities.   Central to this initiative is the spotlight on the absence of automatic legal protection for cohabiting couples in the event of separation. Resolution wants to highlight the importance of seeking legal advice and making sure cohabiting couples enter into cohabitation agreements.  [related_posts] The call for cohabitation reform  Resolution's initiative aligns with ongoing discussions within legal circles advocating for reforms that bridge the gap between marriage and cohabitation in terms of legal rights. The goal is to ensure that individuals in cohabiting relationships have access to legal protections and equitable resolutions, akin to those in marital unions. That is becoming increasingly important with the rise in cohabitation. In 2021 there were reportedly 3.6 million cohabiting couples.   By extending its focus beyond divorce, Resolution's initiative reflects a holistic approach to relationships and family law. It serves as a platform to address the evolving nature of partnerships and strives to create a more informed, fair, and supportive legal landscape for all individuals, irrespective of their relationship status.  Evolving family law  In essence, the evolution of Good Divorce Week into a broader exploration of cohabitation within UK family law signifies a progressive step toward acknowledging the diverse forms of relationships. Through education, advocacy, and potential legal reforms, this initiative aims to ensure that individuals in cohabiting relationships are empowered and protected within the legal framework, fostering a culture of understanding and fairness in modern relationships.  How Evolve Family Law can help you   At Evolve Family Law our specialist family lawyers can assist you with all your family law needs if you are in a cohabiting relationship, including:  Cohabitation agreements  Declarations of trust  Children law and parental responsibility advice  Cohabiting relationships and claims on separation    Financial and property claims   Children financial claims for child support, school fees or assistance with housing dependent children    Wills for cohabiting couples  Lasting Powers of Attorney   Estate claims and inheritance disputes advice if you are a cohabitee who was not included in your partner’s Will or need to make a claim because you are not classed as a relative of your loved one under intestacy rules    It is best to talk to one of our solicitors about your cohabitation rights before you find yourself really needing an expert lawyer. For example, understanding property ownership and your rights under a cohabitation agreement could avoid expensive court proceedings if you split up from your cohabitee. For example, understanding that if your partner does not make a Will, you will not inherit anything under intestacy rules may encourage both you and your cohabitee to sign Wills and do some estate planning to protect your family.   We can help you resolve property-related or children focussed cohabitation disputes through:  Solicitor negotiations  Roundtable meetings  Collaborative law  Arbitration  The Evolve Family Law One Lawyer service  For expert advice on family law complete our online enquiry form.