Family Law

As expert family law solicitors, we offer premium quality advice on various family and civil law areas. Whether you are facing delicate matters involving financial settlements on divorce, child arrangements, domestic abuse, adoption, abduction, surrogacy, or other family law challenges, we are here to help.

Overview

Family law is a complex area of public law that often requires county and family court proceedings. Without legal guidance, facing issues related to divorce, child arrangements, and marital assets on your own can be very frustrating. Our SRA-accredited Family Law Solicitors value their client’s needs with high responsiveness and a proactive approach.

Islamic Divorce

If you are married in a country with Muslim family law legislation and want to terminate your marriage in the UK, you must register for Islamic and civil divorces in the English Law Courts. Divorce can involve lengthy and costly procedures, including paperwork and family court proceedings. With our reliable guidance and legal advice, we have assisted several clients in registering for an Islamic and civil divorce in the UK.

Annulment of Marriage

An annulment is a court order that leads to the annulment of a marriage or civil partnership. The law perceives that the marriage never existed because of legal defects. Get clear advice on how to annul a marriage from real experts. Our team of family law experts is experienced in annulment laws and court procedures.

Child Arrangements

Child arrangements during divorce are critical legal processes that deal with how the two divorcing couples will look after the child’s best interests. Depending on your relationship with your former partner, you may have to apply for a child arrangement order, which requires court proceedings to decide on the following child arrangements:

• How each parent will spend time with the child
• Who the child will be mainly living with
• Who will be primarily paying the maintenance service charges
• Overall, the Child agreements order decides how the household will function, where the child’s schooling will be, etc.

You can always contact us if you and your ex-partner disagree on specific child arrangements. Our highly experienced family law solicitors can offer clear guidance on drafting a good consent order and getting immediate court approval. We can further assess your Child Maintenance Service eligibility and inform you when to apply for the Private Maintenance Service. Likewise, if you are a victim of domestic violence from a child’s other parent, we can offer practical advice and emotional support.

Domestic Violence

Domestic abuse/violence is a severe public offence in the UK. If you and your child are suffering from any of the following forms of domestic abuse from your ex-partner:

• Emotional abuse
• Marital rape
• Economic abuse
• Online abuse
• Coercive abuse
• Bride burning
• Honour killing
• Threats and intimidation
• Sexual abuse

If you fear or suffer from severe psychological, verbal, sexual, or financial abuse, get immediate court approval through our expert guidance. Contact us today for a friendly chat with our UK Family Law Solicitors.

Annulment of Marriage

Annulment of marriage is a legal process declaring marriage as void or null, invalidating it under UK law. Our expert family law solicitors at Legal Pathway Solicitors can guide you through the annulment process and provide legal advice and representation.  

When can you apply for an annulment in the UK?

Unlike divorce, an annulment has no waiting period, and you can apply anytime. However, you must meet the following residency criteria:

• You must have lived in England or Wales for at least a year.
• England or Wales must be your permanent home (attach a domicile) for at least 6 months.

  It is essential to note that if you apply after the first year of marriage, you must state the reason for the delay.   Grounds for annulment: Your marriage can be considered legally invalid or ‘void’ under the following circumstances:

• You are married to someone closely related in your family ancestry- consanguinity (incestual marriage)
• One of the partners was under 16 at the time of marriage -child marriage
• One of you was already married or in a civil partnership-bigamy
• Fraud, drug abuse, or mistreatment

Under the above grounds, you can apply for an annulment, which declares your marriage as legally invalid, as if it never happened in the first place.   Your marriage can be considered ‘voidable’ under the following circumstances:

• You were coerced into a marriage (Forced marriage)
• Your marriage was never consummated
• Your partner had a sexually transmitted disease at the time of your marriage
• When you married, your partner was already pregnant with someone else’s child (through a polygamous/group marriage, etc.)
• One of the partners is applying for the transition to another gender

  You can apply for an annulment if your marriage falls under the above grounds. However, the legal procedure for ending your civil partnership will vary slightly.  

How to apply for an Annulment of Marriage in the UK?

To apply for an annulment, follow these steps carefully:

• Fill in a ‘nullity petition’ form: D89, and ensure it is filled correctly.
• Attach two sealed copies and send them to the divorce court nearby, keeping the original copies with you.
• Attach certified documents of marriage/civil partnership certificate.
• Pay the nullity petition charges of £550.

It is important to note that while the court may offer assistance for procedural matters, you cannot seek legal advice through a court unless you instruct a specialist family lawyer for further guidance on annulment.  

What is a Decree Nisi, and when can you apply?

Before applying for the decree nisi, your partner must agree by responding to a ‘nullity petition’ within 8 days of applying for an annulment. After the agreement, you can apply for the next step, a ‘decree nisi,’ which further lays out all the possible reasons for the court to consider while proceeding towards an annulment.  

When can you apply for the Decree Absolute?

Once you have succeeded with the decree nisi procedure, you can apply for the decree absolute within six weeks. This is the final step, leading to a legal annulment, and is referred to as a ‘decree of nullity.’

Do you have to explain why you want an Annulment of Marriage?

To obtain a successful court approval on your marriage annulment, you must provide valid grounds to demonstrate that your marriage/civil partnership was either void or voidable. You may need to explain either of the following situations:

• Same-sex marriages, which are legally recognised as overseas relationships
• Polygamous marriage (this reason is only applicable and considerable if both parties are married to each other)
• Non-consummated marriage (not applicable to partners of the same sex)
• No valid consent to a marriage because it was enforced
• Re-marrying
• Mental or physical ailment (you qualify to apply for annulment if you are intermittently suffering from a disorder that could restrict your obligations as a spouse)
• One of the spouses suffers from a sexually transmitted disease, such as Venereal disease. If you were unaware at the time of marriage, you qualify to annul your marriage.
• Interim Gender Recognition certificate acquired by one of the partners.

For further information on applying for an annulment of marriage and when you qualify, speak to one of our highly dedicated specialist family law solicitors. Our expert family law solicitors at Legal Pathway Solicitors can guide you through the annulment process, provide legal advice and representation, and help you understand the legal grounds for annulment. Contact us today through a call at 0203 004 9956 or drop an email at contact@legalpathway.co.uk.

CHILD ARRANGEMENT ORDER

Child Arrangement Order

A child arrangement order is a legal document determining how a child’s time will be split between their parents following a divorce or separation. Making these arrangements can be challenging, particularly when both parties disagree on how the child’s time should be divided. At Legal Pathway Solicitors, we understand the importance of resolving the child’s best interests.  

Do I Need to Go to Court for Child Arrangements?

You may not need to go to court if you and your former partner agree on the following:

• Where will your children live
• How much time will they spend with each parent
• Financial support arrangements for your children

It is important to note that if domestic violence or abuse has occurred during your marriage, you may need to involve the court in sorting out child arrangements. We offer initial consultations to assist with applying for a child arrangements order. Alternatively, you can seek help from one of our expert family lawyers to make your agreement legally binding.  

What is a Child Arrangements Order?

A child arrangements order outlines the following:  

• When and how often can one parent see the child
• How much time each parent spends with the child
• Which parent will the child live with primarily (the resident parent), and how the non-resident parent can make contact with the child through formal or informal agreements
• Financial arrangements for the child

The order determines how the household will function, where the child’s schooling will be, and more. It is essential to remember that the order is decided based on the individual family’s circumstances and is usually enforced when both parties disagree on child arrangements. The judge will decide what is in the child’s best interests to be looked after.  

What if We Cannot Agree on Everything?

It can be challenging for both parents to agree on everything when deciding on the following:

• How much time will the child spend with each parent
• Financial arrangements for the child
• Where will the child live

In this case, you can seek help from:

• Citizens Advice
• Mediators
• Children and Family Court Advisory and Support Service (CAFCASS)

If you still cannot agree on everything, you may need to apply to a court. This option is handy when you have an abusive relationship with your former spouse. Our family law solicitors can assist you in applying for a court order and getting legal aid to help with the fees.  

How to Make a Parental Agreement Legally Binding?

Getting ready for the parental agreement on divorce is one of the most formidable challenges couples have to go through, especially in cases where one of the two parents cannot entirely agree on specific child arrangements. Nevertheless, you can always take the following steps to make your parental agreement legally binding.

Hire a Family and divorce solicitor.

Hiring a solicitor with expertise in family law and divorce is advisable to ensure that all legal aspects of your parental agreement are covered. They will help you draft a consent order and advise you on how to agree to legally binding.  

Draft a consent order.

A consent order is a legal document establishing the agreement between you and your former partner about child arrangements after divorce. It should include details such as where the children will live when they spend time with each parent, and what other types of contact can occur in the future (phone calls, for example).  

Get the court’s approval.

You need the court’s approval to make your parental agreement legally binding. When you apply for approval of the consent order, you must prove that you have used mediation to carry out child arrangements and that the consent order has been duly signed by both you and your ex-spouse.   Once the court approves your consent order, it becomes legally binding, and both parties must comply with the terms of the agreement.  

What do I need to know about the Child Maintenance Service, and how does it work?

  The Child Maintenance Service is a government-run service that helps parents calculate and arrange child maintenance payments after a divorce or separation. It is suitable for parents who cannot make private arrangements about how their children will be paid.   To apply for the Child Maintenance Service, you will need to provide the following information:  

• Any benefits your former spouse is getting
• Former spouse’s income, including State pension
• The number of nights your child will be spending with your ex-partner

Once the maintenance service calculates how both parents will arrange payments, a fixed amount must be paid on a schedule, if your ex-partner does not make the payments, the Child Maintenance Service can take action to enforce the payments.  

Exemptions to Child Maintenance payments

Under the following situations, you do not have to pay for your child’s living arrangements if you are:

• In prison
• A full-time student with no income
• Sharing care equally with the other parent

Who is Eligible to Apply for the Child Maintenance Services in the UK?

If you are a UK resident with a right to live, you are eligible to apply for the Child Maintenance Service if you are:

• Either a parent,
• Your child would be under 16 or 20 years of age if they were under the approved education or training.
• If you are a child living in Scotland for over 20 years
• A guardian or a grandparent of a child who is looking for child benefits

When can’t I use the Child Maintenance Service?

You cannot use the Child Maintenance Service if:

• Your consent order was approved before 3 March 2003
• Your consent order is less than a year old
• One of the parents resides offshore (outside the UK)

Nevertheless, if the paying parent is employed outside the UK, they can still use the maintenance payment service.  

How much does Child Maintenance Services Charge?

  The application fee is £20. You are exempted from paying this if you:

• Are you a victim of domestic abuse
• Are under 19 years old
• Reside in Northern Ireland

What are the Benefits of Agreeing to Child Arrangements on Divorce?

  There are several benefits to agreeing on child arrangements during a divorce:

• It allows both parents to have a say in how their children are raised and cared for after the divorce.
• It helps reduce stress and conflict for both parents and children.
• It provides stability and predictability for the children, which is essential during a time of change.
• It can be less expensive than going to court to resolve disputes over child arrangements.
• It can help preserve the co-parenting relationship, which benefits the children in the long run.

Overall, it is essential to approach child arrangements with a willingness to compromise and find solutions that work for everyone involved, especially the children. With the help of a family law solicitor, couples can create a legally binding parental agreement that addresses all aspects of their children’s care and well-being.  

ISLAMIC DIVORCE

Islamic Divorce Solicitors in the UK – Legal Pathway Solicitors

At Legal Pathway Solicitors, our highly qualified experts specialise in family law, including Islamic divorce and Islamic divorce financial settlement in the UK. We provide thorough guidance and legal advice to assist numerous clients in registering for an Islamic divorce in the UK.  

Islamic Marriages under UK Law

Muslim couples in the UK must understand that most Muslim marriages are not legally recognised in the English court, particularly in England and Wales. Muslim couples have ‘Nikkah only’ marriage recognised under the Sharia (Islamic) Law, but not under the UK law unless they register for a civil union. As a result, only Islamic divorce can be obtained, which may affect maintenance and financial settlement in English Family law courts.  

Marriages Conducted Abroad and Islamic Family Law Legislation

If you are religiously married under Islamic Family Law legislation (applicable in countries like Saudi Arabia, Pakistan, Iraq, etc.), your Islamic marital status is legally recognised in the UK. This is true as long as the ceremony follows UK civil law. You can then proceed towards Talaq or Khula.

Talaq vs Khula

Talaq is a type of Islamic divorce initiated by the man (the husband) to repudiate the wife, while Khula (aka Faskh-e-Nikah) is the termination of Islamic marriage primarily initiated by the woman (the wife). In the latter case, the marriage is resolved under the mutual consent of both partners.

Steps to Talaq (Repudiation)

The Talaq proceedings involve the following significant steps:  

• Filing an Application to the Sharia Council
• Council sends a notification to your wife
• The Sharia Council investigates whether all the dower obligations (return of Mahr and financial assets) are mutually in agreement
• Issuance of an Islamic Divorce Certificate

Steps to Getting Faskh-e-Nikah/Khula

Khula is possible when the husband unreasonably refuses to give an Islamic divorce (Talaq). Hence, as a wife, you can apply for Khula through Sharia Council to dissolve your marriage. The Khula process involves five steps, including:

• Preparation of Sharia Council application
• Filing the case created by the Mufti (Islamic Divorce Scholar), with a copy of the notification sent to the husband
• An investigation conducted by the Islamic Scholar
• Reconciliation meetings between the two partners to negotiate and resolve marriage
• Finalising divorce with a Divorce certificate

How We Can Help At Legal Pathway Solicitors, our family law experts can assist you in proceeding towards Islamic Divorce in the UK from the beginning to the end. Our reliable consultancy can offer legal services even in returning Mahr (the dowry) after marriage/ civil partner dissolution. Contact us at 0203 004 9956 or email us at contact@legalpathway.co.uk to seek immediate consultancy from our expert Family law solicitors.  

What are the Benefits of Getting a Divorce under UK Law?

In the UK, the benefits of civil marriage apply to all citizens regardless of age, race or religion. Muslim women can follow Islamic and UK law, giving them more freedom over divorce proceedings and subsequent financial settlement. If you want legal assistance, approach our Family Law Specialists at Legal Pathway Solicitors.  

Sharia Law and Human Rights in the UK

Understanding the UK Islamic divorces and family law while living in the UK is very important for Muslim men and women before initiating Islamic divorce or marriage termination. Muslim couples are recommended to also register for Civil unions in English Law Courts to ensure entitlement to financial support for Muslim women upon marriage termination. Moreover, under Human rights (‘Respect to a private and family life’ per Article 8 of the European convention), Muslim women living in the UK reserve their rights following the marriage breakdown. For further information, guidance and legal consultancy, contact our UK divorce lawyers, experts in Family law and marriage resolution. Contact us today at 0203 004 9956 or email contact@legalpathway.co.uk.  

Reasonable Grounds for Getting a Divorce in the UK

To obtain a divorce in the UK, you must demonstrate the ‘irretrievable’ termination of the marriage. However, to prove that your wedding has broken down or is in the process of breaking down, you must base it on the following five grounds:

• Unreasonable behaviour (including domestic violence, drunkenness, non-payment of shared financials, etc.)
• Living separately for two years (desertion)
• Adultery (note that this ground cannot be raised if both couples are living together for more than 6 months)
• Living apart for five years (you can get a divorce even if your ex-partner disagrees)
• Abandonment for at least two years
• You can file for a divorce if you have been married for around a year or less. However, you can only apply to have your marriage annulled.

Divorce and Financial Settlement Process

You do not have to visit the court to obtain a divorce or seek a financial settlement. With professional legal help under the following process, you can avoid visiting the court:

• Negotiation
• Mediation
• Collaborative divorce
• Arbitration

Our team of highly specialised family law solicitors at Legal Pathway Solicitors can help you with divorce proceedings. Our divorce solicitors will work with you in negotiation to ensure you get a fair settlement without making any hasty decisions if your relationship/marriage is breaking down.  

How Long Does the Divorce Process Take in the UK?

The duration of obtaining a divorce may take approximately 6-8 months, depending on the factors such as:

• Financial assets agreement between the two partners
• How quickly is the paperwork returned

Our team of highly specialised family law solicitors at Legal Pathway Solicitors can help you with divorce proceedings. Contact us today to seek immediate legal assistance.  

Cost of Getting a Divorce in the UK

It is important to note that the cost of applying for financial negotiation differs from the one involving divorce proceedings alone. In cases of significant disagreements, the cost of divorce may be higher than the average charges. Also, it depends on the amount of paperwork required involving the settlement between the two partners.

How We Can Help

At Legal Pathway Solicitors, our divorce solicitors have exceptional experience in family law, particularly in tackling divorce cases. We can represent you in court should you require legal assistance in winning your divorce proceedings and the financial assets assortments. Reach out to our team of highly qualified divorce solicitors and speak to us for immediate help. Call today at 0203 004 9956 or email contact@legalpathway.co.uk.  

DOMESTIC VIOLENCE

Domestic Violence UK – Family Law Solicitors

Domestic violence or abuse is considered one of the most concerning matters in UK family law. If you and your child are victims of domestic violence and feel threatened by your partner, you should seek immediate assistance from our qualified Domestic Abuse lawyers. We can help represent your precariously sensitive matters with the court proceedings to ensure you are safeguarded from the harms of domestic abuse from your ex-partner.  

Forms of Domestic Abuse You Need to Know About

Suppose you are a victim of domestic abuse. In that case, there are various forms besides being physically abused, including emotional abuse, mental torture, marital rape, economic abuse, online abuse, coercive abuse, bride burning, honour killing, threats and intimidation, and sexual abuse. Hence, domestic violence does not always have to involve physical abuse, it can take multiple forms, and you should carefully look for the following significant signs of domestic abuse.  

Domestic Abuse Helplines and Services

Luckily in the United Kingdom, there are several helplines and support services across the four states of the UK. These services operate 24 hours, namely: England: Refuge’s National Domestic Abuse Helpline, Northern Ireland: Domestic and Sexual Abuse Helpline, Scotland: Domestic Abuse and Forced Marriage Helpline, Wales: Live Fear Free, Nationwide (support available all across the UK) Men’s Advice Line, Bright Sky mobile app, Women’s aid, Safe Spaces, Domestic abuse perpetrators programme, and Cafcass family court advisors.  

Domestic Abuse Bill UK (2021-2022)

Passed in July 2020, the Domestic Abuse Bill (a.k.a Domestic Bill Act 2021) will be implemented in 2021/2022 across the UK. The domestic bill in the UK is a legislative act to bring perpetrators (domestic abuse offenders) to justice while protecting the victims of domestic abuse.  

How to Check if Someone Has an Abusive Past

If you suspect that your ex, current or potential partner has a past of domestic violence, you can always seek help to assess their ‘abusive past’ under the Domestic Violence Disclosure Scheme (a.k.a ‘Clare’s Law’).  

How to Get a Court Order to Safeguard from Domestic Abuse

Protect yourself or your child through Non-Molestation or occupation order. If you and your child are a victim of domestic abuse from either of the following members – your current or previous partner, a family member, or someone you currently or previously lived with (ex-spouse), you can apply for an occupation order if you are looking for a safe refuge/accommodation. Apply for the molestation order if you (if applicable, your child/children) are looking for protection from the harms of following domestic abuse.  

Who is Eligible to Apply for an Occupation Order?

Apply for an Occupation Order if you share the family home/property as part of the marital assets (through beneficial estate/interest/ tenant contract) or if you have home rights that entitle you to residency (dwelling house which is also occupied by the spouse who is charged with the domestic offence) or if the residential property or the ‘dwelling house’ is/has also been the home of the person entitled and of another person your spouse is associated with, or at any time, intended by such other person which entitled them to have property rights.  

How Can Domestic Abuse Solicitors at Legal Pathway Help?

Depending on your circumstances, our family law specialists can guide you every step of the way and can expedite the court proceedings to ensure you receive maximum protection against domestic violence from your threatening partner. If you suffer from financial constraints and still depend on your partner for money and property, our experts will offer their best possible consultancy to ensure your economic rights are well-served. We can further guide and support you on how to go about applying for the occupation order and what evidence you should be attaching to the application. Furthermore, if you are alleged to be a domestic abuse offender, the law can protect those potential ex-partners wrongfully accused. For further guidance and immediate consultancy on domestic abuse services and court orders, contact our expert Family law solicitors at 0203 004 9956.