
Help During the Coronavirus Outbreak if You’re in an Abusive Relationship
If you are in an abusive relationship then you may think that during the coronavirus outbreak there is no help available and that you’re ‘’on your own’’. Although all this talk of self-isolation and social distancing may make you feel like that, the message from family law solicitors is that ‘’you are not alone’’. There is help available during the coronavirus outbreak if you are in an abusive relationship. In this blog we look at your legal options if you are caught up in an abusive relationship and need help to get out of it during the coronavirus outbreak.
Online domestic violence and family law solicitors
Although law offices may be closed because of Covid-19, Cheshire and Manchester based Evolve Family Law solicitors are working online to support those at risk of domestic violence needing help to leave an abusive relationship during the Covid-19 lockdown. If you need legal assistance call us or complete our online enquiry form to set up a video conference or telephone appointment.
Coping in abusive relationships during the coronavirus outbreak
If your partner is abusive towards you then it is difficult enough to cope when life is ‘’normal’’. For many the fact that partners are now either working from home or not able to work, and so are based at home full time, is particularly hard. There is no escape from home for you to visit friends or family or go off to work.
Tensions can also be increased by your partner’s health or financial anxieties about Covid-19, their lack of ability to go to the pub or to the gym to meet up with their friends and the presence of the children twenty four hours a day at the family home.
The government has said that it wants Covid-19 to bring out ‘’the best in us’’. That is a laudable aim but sadly domestic violence organisations and family law solicitors know that, for some families, domestic abuse may increase because of having to spend so much time with a partner. Alternatively, partners who haven’t previously been abusive may snap and either lash out or become very coercive and controlling.
When you hear that the police are cracking down on people leaving their homes it may make you reluctant to leave or seek help from domestic violence organisations or family law solicitors but, coronavirus or not, if you are in an abusive relationship you should seek help.
Those people who are contacting us about abusive partners are often reluctant to acknowledge the extent of the abuse and prefer to minimise some of the partner’s behaviour, especially if it falls short of physical violence and involves coercive control such as:
Dictating what you can eat
Saying when you can watch the TV and what programmes you can watch
Checking your mobile phone or internet usage
Restricting when or if you can go out for your daily exercise or for essentials like food shopping
Forcing you to have sex
Not allowing you any freedom within your house by insisting on being in the same room as you
Listening into your phone calls to friends and family.
As the restrictions on the movement of people continues in force because of the Covid-19 pandemic the sort of coercive controlling behaviour that you could cope with when one or both of you were out working can become intolerable. However, there is help available.
Help if you are in an abusive relationship
The police, domestic violence organisations, the family courts and online family law solicitors are continuing to offer help to those trapped in an abusive relationship.
If you or your children are at risk of immediate harm then you should call the police. The police understand that the risks of domestic violence are increased during the current crisis. They may be able to arrest your partner. If the situation is so serious that you can't wait for the police to arrive you can leave with your children as the authorities will accept that leaving an abusive relationship is an emergency and that is an exception to the requirement to stay indoors.
In addition to the police there are various domestic violence organisations who are open and available to help and offer support:
The National Domestic Violence Helpline – 0808 2000 247
The Men’s Advice Line – 0808 801 0327
The Mix, information and support for under 25s in the UK – 0808 808 4994
The National LGBT+ Domestic Abuse Helpline – 0800 999 5428
The Samaritans – 116 123
In addition to police and domestic violence organisation help the family court and domestic violence solicitors are open to help you if you need court protection in the form of an injunction order.
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Injunctions against domestic violence during the Covid-19 outbreak
You may have read that most courts and public offices are closed. Whilst that is correct the family courts are open for remote emergency hearings including applications for:
Non-molestation injunction orders
Occupation orders
Emergency child arrangements orders and other types of children orders to safeguard and protect children.
Therefore, if you are in an abusive relationship, there is help available from the family court. Don’t worry that you may not be able to get to see a family law solicitor. Even prior to the coronavirus outbreak many family law and domestic violence solicitors were used to taking instructions by phone appointment or video conference and used to conducting court hearings remotely.
That isn’t to say that things are a bit of a challenge but if you need help then both the court and family law solicitors are just a phone call away.
If you need protection then a family law injunction order may be your best option. There are two types of family law injunction order:
A non-molestation order – to stop your partner from being physically violent or aggressive or verbally abusive or exerting coercive control over you
An occupation order – to stop your partner from returning to the family home (if he/she has left but is threatening to return to the family home) or to make your partner leave the family home or to restrict him/her to certain parts of the family home.
The court and family law solicitors also recognise that you might need help if you are living with extended family and are being subjected to domestic violence or coercive control or that you may need help with your children and need the security of a children order, such as
A child arrangements order
A specific issue order
A prohibited steps order.
It is often the case that people suffer in silence when they live with an abusive partner or they think that what they are coping with isn’t ‘’bad enough’’ to get help. Since the Covid 19 rules on restriction of movement have come in many have thought that they are trapped in an abusive relationship for the duration of lockdown. Domestic violence organisations, the police, courts and family law solicitors are saying that domestic violence and abusive behaviour isn’t right in any circumstances and that if you need help then call.
Online family law solicitors
The specialist family lawyers at Evolve Family Law can help you if you are in an abusive relationship and you need legal help. Call us or complete our online enquiry form for a video conference or telephone appointment.
Louise Halford
Apr 06, 2020
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7 minute read

Is Islamic Marriage Valid in the UK?
A divorce court ruling on a Sharia law marriage has called into question the validity of Sharia law marriages conducted in the UK. You may question why that is important to you as, after all, if you celebrated an Islamic marriage ceremony, witnessed by all your friends and family that is what counts as you are married in the eyes of God.
Whilst our Manchester divorce solicitors would not disagree with the significance of the marriage ceremony to you, in the English family court you may not be legally married. Your status as a husband or wife or as a cohabitee could make the difference between whether you get half the family wealth or nothing if you separate.
The case of Mr Khan and Mrs Akhtar
The legal status of Islamic marriage in the UK is in the news headlines again because of the long running case of Mr Khan and Mrs Akhtar. In the high court Mrs Akhtar sought a divorce from her husband, Mr Khan. He opposed the divorce petition on the basis that they weren’t legally married. Although you would have thought it obvious that they were married because the couple had participated in a Nikah ceremony in a London restaurant conducted by an Imam with about 150 guests, Mr Khan said the marriage wasn’t legal as whilst it might be a legal marriage under Sharia law it did not meet the requirements of English marriage law.
The first judge ruled that the marriage was a marriage but classed it as a void marriage. This decision allowed Mrs Akhtar to start financial proceedings as the wife of Mr Khan, something that she could not have done if the high court had ruled that the couple were not legally married. Although the court ruled that the marriage was still a marriage (even though it was void) back in 2018 it has taken until February 2020 for the court of appeal to hear the case and conclude that the couple were not legally married under English law.
Interestingly the appeal wasn’t brought by Mr Khan but by the Attorney General who is joined as a party to court proceedings where the validity of a marriage is called into question. The court of appeal ruling is making Manchester divorce solicitors ask where the decision leaves Mr Khan, Mrs Akhtar and their four children and, just as importantly all those other husband and wife's who have celebrated a Nikah marriage ceremony recognised in Sharia and Islamic law but not under UK marriage law.
Is an Islamic marriage valid in the UK?
The court of appeal held that the marriage of Mr Khan and Mrs Akhter was invalid (rather than void) and therefore the Islamic marriage isn’t a legally recognised marriage, notwithstanding the 150 guests who attended to witness the marriage ceremony.
The court of appeal ruled that the Sharia law wedding wasn’t a valid marriage because the ceremony took place at a venue that isn’t registered as a wedding venue and therefore no registrar was therefore present to conduct the ceremony. Back in 2018, the high court took a different approach and ruled there was a valid marriage recognised in both Sharia law and under English case law because although the couple hadn’t complied with English marriage law requirements they both held themselves out as a married couple. The court of appeal said that this wasn’t enough as they both knew that they needed to participate in a registered civil marriage ceremony to comply with English marriage law.
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Does it matter if your Islamic marriage isn’t recognised in the UK?
You may question whether it matters if your Islamic marriage isn’t recognised in the UK family law as a valid marriage because, from your perspective, it is your marriage under Sharia law that is the important ceremony to you and your family. However, if you separate and you try to start divorce proceedings you may find yourself in the same position as Mrs Akhtar; told that there is no need for English divorce proceedings because you are not legally married under English law. That means, that for the purposes of your financial settlement, in English family law you will be treated as a cohabitee or unmarried partner.
If your marriage is legally recognised then within divorce and financial proceedings a husband or wife can bring financial claims for a share of:
The family home
Any other property you own – this property includes houses or commercial property owned in your joint names or in your sole name
Your business – your spouse does not need to hold shares in your company or to have worked in the business to be able to make a financial claim against business assets
Your pension – your spouse can claim a share in your pension even if your pension was set up prior to your marriage
Your savings and investments – your husband or wife can claim a share of your savings and investments even if they are owned in your sole name
Your income – a claim can be made for the payment of ongoing spousal maintenance.
By contrast, if you are an unmarried partner or cohabitee you won't be able to claim:
A share of your partner’s pension
Spousal maintenance
Any other assets unless you can prove that you are an owner of that property or that you were promised a share in the property.
If you have children with your partner you can try to claim housing provision and child support for your children but Manchester divorce solicitors say it is a lot harder to bring a financial claim if you are a cohabitee rather than a husband or wife whose legal status in recognised in English law.
What should I do if I have an Islamic marriage?
If you have an Islamic marriage and you are concerned that your marriage won’t be legally recognised in English law it is best to take legal advice from a Manchester divorce solicitor. A discussion about your legal relationship status does not commit you to making any decisions and is completely confidential.
Islamic marriages and prenuptial agreements
If your husband or wife does not want to participate in a legally recognised marriage ceremony because they appreciate the extent of the financial claims that can be made by a husband or wife on separation (in contrast to an unmarried partner) then one option may be to look at signing a prenuptial agreement to record a fair financial settlement should you separate at a later date. It is vital that you take expert legal advice before committing to sign a prenuptial agreement.
If you are concerned about the status of your Islamic marriage then whether or not you are contemplating a separation or starting civil divorce proceedings you should take legal advice on your situation and options. The specialist divorce law team at Manchester divorce solicitors at Evolve Family Law in Whitefield can help you.
Call our Whitefield divorce solicitors or complete our online enquiry form.
Robin Charrot
Feb 24, 2020
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6 minute read
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