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

It is recommended that a Pre-Nuptial Agreement be finalised at least four weeks (ideally longer) before the date of the marriage or civil partnership. This helps ensure that both parties have adequate time to review the agreement and seek legal advice.

There is no time bar if you wish to remarry in England or Wales but you will need to check the country in which you intend to marry but you must have your Final Order (previously known as Decree Absolute).

You should also check with your solicitor about any effect your remarriage might have on your financial entitlement after your divorce if you have not yet finalised your finances following your divorce/dissolution.

To protect your pension in a divorce, several steps should be taken, some of which include:

Understand the Laws: The law and regulation around the division of pension assets is complex. Get the appropriate advice from your solicitor and financial experts to understand your rights and options.
Consult a Solicitor: Engage a solicitor who specialises in family law and asset division and who has experience of cases involving pensions. They can offer tailored advice that will help you navigate the complexities of pension division.
Pension Valuation: Obtain an accurate valuation of your pension and consider whether you need advice from a qualified actuary. This ensures that you know exactly what is at stake and what a fair settlement looks like.
Consider Pension Offsetting: Sometimes, it may be beneficial to offset the value of your pension against other assets you might receive. For example, you may keep your pension, while your spouse gets the house but care needs to be taken to ensure this is genuinely a fair outcome and expert evidence may be required.
Update Beneficiary Information: In the event of a divorce, you may want to review and possibly update who your pension benefits will go to in case of your death.
Draft a Financial Agreement: To conclusively protect your pension, ensure you have a comprehensive consent order, which results in a legally binding financial settlement.
Post-Divorce Review: Both during and after the divorce is finalised, consult with a financial advisor to revise your retirement planning strategy.

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

If your ex-partner fails to comply with a spousal maintenance order, you can apply to the court for an enforcement order. The court has the power to enact various measures to ensure payment, including garnishing wages or seizing assets.

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.

A mandatory 20-week "cooling-off" period is built into the process, allowing both parties to consider their decisions carefully. Early legal advice becomes crucial in assessing the right time to initiate the divorce application, taking into account the waiting period. This means it is not necessarily quicker to get a divorce, but it is certainly less stressful.

One of the significant advantages of no-fault divorce is that it does not require both parties to agree. You have the option to file the divorce application independently, and your spouse has 14 days to respond to the petition. It's important to note that they cannot contest the divorce unless specific legal grounds exist. This can make the process somewhat quicker than before.

For those who have reached an amicable agreement, a joint no-fault divorce application is also available, allowing couples to mutually navigate the process with shared consent. This flexibility has made the divorce process more accommodating.

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 assets that both you and your spouse have acquired together during your relationship. They can include pensions, properties, investments, businesses, or savings. Essentially, these are the assets that have been built up during your time together as a couple.

Non-matrimonial assets are those you or your spouse brought into the relationship, such as an inheritance or assets acquired before your marriage or potentially assets acquired after separation. Despite their separate origin, these assets can still be considered and may be split, depending on the specific circumstances.

The court's primary concern in asset division is ensuring that all financial needs are met, especially the needs of any dependent children. When deciding how to divide assets, the court takes into account a range of factors, including:

The needs of the parties: This involves considering your needs, your spouse's needs, and the needs of any dependent children.
Standard of living: The court looks at the standard of living you both enjoyed during the marriage.
Income and earning capacity: The current income of each party and their potential earning capacity are considered.
Duration of the marriage: The length of your marriage plays a role in asset allocation.

In a divorce, pensions do not have to be split equally. You can use a system called pension offsetting. This means one person keeps their pension, and the other gets assets of the same value, like property or investments. But remember, pensions are not equal to other assets because of taxes and restrictions and we can ensure you have the right expert advice to ensure any agreement reached is fair and appropriate for your financial situation.

Eligibility for spousal maintenance is typically awarded when you cannot support yourself financially post-divorce to a fair standard without this assistance and the other party can afford to pay it.

Pension attachment orders allow for one person to get maintenance payments from their ex-spouse's pension. You receive these payments when your ex-spouse starts getting their pension which can be helpful if you depend on their income although they are not as common now that pensions can be shared by pension sharing orders.

If you cannot agree on pensions, the court can issue a pension-sharing order or this can be done as part of an overall agreement. This deals with how the pensions will be divided. If you are too young to receive your partner's pension, you can get it when you are older.

A post-nuptial agreement, often referred to as a postnup, allows you and your spouse to provide for financial arrangements even after marriage.

You might find a post-nuptial agreement beneficial if:

Inheritance: You are about to inherit significant assets or wealth and wish to clarify the terms of how that will be dealt with within your marriage.
Business or property ventures: You are taking on ownership or a significant stake in a family farm, business, or other property. A postnup can help define how these assets will be treated in the event of a separation or divorce.
Marital changes: If you and your spouse are considering a separation or have encountered a substantial change in your marital circumstances, a postnup can help address the financial implications and ensure that both parties are protected.

If you are on the brink of marriage and wondering whether a pre-nuptial agreement is the right choice for you, the decision largely hinges on your financial circumstances and specific goals. Pre-nuptial agreements, commonly known as prenups, are legal arrangements that outline how your assets and financial matters will be managed in the event of a divorce.

Consider opting for a prenuptial agreement if:

Assets: You have significantly more assets than your future spouse. A prenup can provide clarity on how these assets will be divided in case of a divorce, ensuring your financial interests are safeguarded.
Second marriage with existing children: In the case of a second marriage, you may want to protect the rights and inheritance of your existing children from a previous marriage. A prenup can help ensure that your assets are allocated as per your wishes.
Business ownership: If you own a business and wish to shield it from potential divorce proceedings, a prenup can help establish how the business assets will be managed if your marriage ends.

What is a Specific Issue Order?

An Order dealing with a specific issue such as where a child shall attend school or what medical treatment they should have.

These are the court proceedings that you can apply to the court for following a divorce/dissolution which will ultimately provide orders for a financial settlement.