HA Law Advisory
Family law Q&A
What is divorce?
Divorce in the UK is the legal process by which a marriage is ended. It is allowed under the Divorce, Dissolution and Separation Act 2020 on the ground that the marriage has irretrievably broken down without having to prove fault or separation. Civil remarriage is allowed. Religions and denominations differ on whether they permit religious remarriage. A divorce in England and Wales is only possible for marriages of more than one year and when the marriage has irretrievably broken down. Whilst it is possible to defend a divorce, the vast majority proceed on an undefended basis. A decree of divorce is initially granted 'nisi', i.e. (unless cause is later shown), before it is made 'absolute'.
Consequences of divorce.
Divorce can have several consequences, including poor performance in academics, loss of interest in social activities, difficulty adapting to change, emotionally sensitive behavior, anger/irritability, feelings of guilt, emotional turmoil, financial hardship, decline in parent-child contact, guilt, self-doubt, externalizing problems, less education, and emotional and psychological effects on men such as guilt, anxiety/stress, depression, insomnia, substance abuse, and an identity crisis.
Causes of divorce
The most common causes of divorce are lack of commitment, incompatibility and growing apart, poor communication, extramarital affairs, financial incompatibility, substance abuse, domestic abuse, and conflicts over family responsibilities.
How can you avoid getting divorced?
The best way to avoid getting divorced is to stay committed to your marriage, maintain open communication with your spouse, practice compromise, be around people in healthy relationships, take responsibility for your actions, be quiet and listen to your spouse, and get counseling if needed.
What are the benefits of being married?
The benefits of being married include emotional and financial support, shared responsibility, companionship and intimacy, increased social status, companionship, tax benefits, and estate planning benefits. Other benefits include medical benefits, family benefits, employment benefits, and consumer benefits.
What is domestic violence?
Domestic violence is any behavior the purpose of which is to gain power and control over a spouse, partner, girl/boyfriend or intimate family member. It includes physical violence, sexual violence, psychological violence, and emotional abuse. Examples of physical abuse include hitting, slapping, shoving, grabbing, pinching, biting, hair pulling, and more. Examples of sexual abuse include coercion or attempting to coerce a partner into sexual activities, unwanted sexual contact, and other forms of sexual violence. Examples of psychological or emotional abuse include verbal abuse, threats or intimidation, isolation, and manipulation. The frequency and severity of domestic violence can vary, and it can have long-term effects on the victim's physical and mental health.
What is a non molestation order?
A non-molestation order is a civil order obtained by a victim of domestic abuse from a Judge (or Magistrates) through the Family Court. The term molestation has a wide interpretation – it can include, but is not limited to, physical, emotional, financial and sexual abuse, and it can also cover coercive and controlling behaviour, intimidating behaviour and harassment. The abuse can be once or over a sustained period of time. The order prohibits the abuser from ‘molesting’ the victim, such as not to approach the victim, not to act in a threatening manner or use violence or abuse towards a victim, or attend any property occupied by the victim. An Occupation Order may also be sought to maintain some stability for the victim and any child(ren) by removing the abuser from the family home.
What is the procedure for divorce?
The procedure for getting a divorce in the UK is as follows: Decide on the grounds for divorce: In the UK, you can get a divorce if you can prove that your marriage has irretrievably broken down. There are five grounds for divorce: adultery, unreasonable behavior, desertion, two years' separation with consent, and five years' separation. File a divorce petition: You or your spouse can file a divorce petition with the court. The petition must state the grounds for divorce and provide some basic information about your marriage, such as the date of the marriage and the full names of both spouses. Serve the petition: The petition must be served on the other spouse. This can be done by sending it to them by post or by having it delivered by a process server. Acknowledge receipt of the petition: The other spouse must acknowledge receipt of the petition by filling out a form called an "acknowledgment of service." Apply for a decree nisi: If the other spouse does not defend the petition, you can apply for a decree nisi, which is a court order that says that you are entitled to a divorce. Apply for a decree absolute: After six weeks and one day from the date of the decree nisi, you can apply for a decree absolute, which is the final order that dissolves the marriage. If you and your spouse agree on the terms of the divorce, the process can be relatively straightforward. However, if you cannot agree on issues such as child custody or the division of assets, the process can be more complicated and may require the assistance of a lawyer.
What is the average length of time it takes to get a divorce in the UK?
The average time it takes to get a divorce in the UK is around 4-6 months from start to finish. However, the actual time it takes can vary depending on a number of factors, including the complexity of the case and whether or not the parties can agree on the terms of the divorce. If you and your spouse can agree on the grounds for divorce and the terms of the settlement, the process can be relatively quick and straightforward. However, if there are disputes over issues such as child custody or the division of assets, the process may take longer as these issues will need to be resolved in court. It's also worth noting that the COVID-19 pandemic has had an impact on the divorce process in the UK, with some delays in the court system. However, many courts are now able to handle cases remotely, which has helped to reduce delays.
What is the maximum length of time that a non-molestation order can be in place for?
In the UK, a non-molestation order is a type of injunction that is designed to protect someone from being harassed, threatened, or abused by another person. Non-molestation orders can be obtained by people who are experiencing domestic abuse or who are at risk of domestic abuse. There is no fixed maximum length of time that a non-molestation order can be in place for. The length of the order will depend on the individual circumstances of the case and the level of risk to the person who is seeking the order. Non-molestation orders can be made for a specific period of time or they can be made indefinitely. If the person who has been served with a non-molestation order breaches the order, they can be arrested and charged with a criminal offense. If the person who is the subject of the order continues to be at risk of abuse, they can apply to have the order renewed or extended. If you are experiencing domestic abuse or are at risk of domestic abuse, you can seek help and support from a number of organizations, such as the National Domestic Violence Helpline or Women's Aid.
Civil Litigation.
Q&A
What happens if a defendant does not respond to a civil lawsuit?
If a defendant does not respond to a civil lawsuit, the plaintiff may be able to request a default judgment from the court. This means that the court may grant the relief that the plaintiff is seeking without the defendant having the opportunity to present a defense. It is generally in the defendant's best interests to respond to a lawsuit, even if they do not agree with the plaintiff's claims, in order to have a chance to present their side of the case to the court. If the defendant does not respond and a default judgment is entered against them, they may have limited options for challenging or overturning the judgment at a later date.
What are the maximum amounts that can be claimed in Small Claims Court in the UK?
In the United Kingdom, the maximum amount that can be claimed in Small Claims Court depends on the location of the court and the type of case being filed. In England and Wales, the maximum amount that can be claimed in the Small Claims Court is currently £10,000. In Scotland, the maximum amount is £5,000, and in Northern Ireland, it is £3,000. These limits may be adjusted from time to time, so it is a good idea to check the current limits before filing a case in Small Claims Court. It is important to note that Small Claims Court is designed to handle relatively minor legal disputes and is generally intended for cases where the amount in dispute is relatively small. If the amount of money at issue in your case exceeds the Small Claims Court limits, you may need to file your case in a different court, such as the County Court or the High Court.
How is a civil litigation case initiated in the UK?
A civil litigation case in the UK can be initiated by a claimant (the party bringing the case) filing a claim form with the court and serving it on the defendant (the party being sued). The claim form must be accompanied by a fee, which will vary depending on the value of the claim.
What is the role of a solicitor in civil litigation in the UK?
A solicitor is a lawyer who represents clients in legal matters and provides legal advice. In civil litigation in the UK, a solicitor can be retained by a party to represent them in court proceedings and assist with the preparation and presentation of their case.
How is a civil case assigned to a specific court in the UK?
The allocation of a civil case to a specific court in the UK will depend on the nature of the case and the amount of money involved. The main courts that deal with civil litigation in the UK are the county courts, which handle cases involving smaller amounts of money, and the High Court, which deals with more complex and high-value cases.
How long does the civil litigation process typically take in the UK?
The duration of the civil litigation process in the UK can vary widely depending on the complexity of the case and the efficiency of the court system. Some cases may be resolved within a few months, while others can take several years to conclude.
Are there any alternatives to civil litigation for resolving disputes in the UK?
There are several alternatives to civil litigation for resolving disputes in the UK, including mediation, arbitration, and alternative dispute resolution (ADR) methods such as negotiation and conciliation. These methods can often be quicker and less costly than going to court.
What is the process for appealing a civil litigation decision in the UK?
The process for appealing a civil litigation decision in the UK will depend on the court in which the original case was heard. Generally, a party can appeal a decision made by a county court to the High Court, and a decision made by the High Court can be appealed to the Court of Appeal.
How is the cost of civil litigation in the UK typically determined?
The cost of civil litigation in the UK can be significant and will depend on a variety of factors, including the complexity of the case, the amount of money involved, and the length of the proceedings. Parties to a civil litigation case are generally responsible for their own legal costs, and the court may order one party to pay the costs of the other if they are successful in the case.
Employment law Q&A
What are the rights of an employee on maternity leave in the UK?
An employee on maternity leave in the UK is entitled to statutory maternity pay or maternity allowance, as well as certain job protection rights. These include the right to return to the same job after leave, or a similar job with the same pay and conditions if the original job is not available.
How many days of holiday is an employee entitled to per year in the UK?
An employee in the UK is entitled to 28 days of paid holiday per year, although this may vary depending on the specific terms of the employee's contract.
Can an employee be fired without notice in the UK?
In most cases, an employee in the UK cannot be fired without notice. The minimum notice period an employer must give an employee depends on how long the employee has been with the company, with a minimum of one week for employees who have been with the company for one month or more.
What is the minimum wage in the UK for a worker over the age of 25?
The current minimum wage in the UK for a worker over the age of 25 is £9.50per hour. set to increase to £10.42 by april 2023.
How much notice must an employer give an employee before terminating their employment in the UK?
The minimum notice an employer must give an employee before terminating their employment in the UK depends on the length of time the employee has been with the company. For employees who have been with the company for one month or more, the minimum notice period is one week.
Are employees entitled to breaks during their shifts in the UK? If so, how long?
Under UK law, employees are entitled to breaks during their shifts, including a 20-minute rest break if they work more than six hours in a row.
Can an employee be required to work overtime in the UK?
An employee in the UK can be required to work overtime if it is outlined in their contract of employment.
Is it legal for an employer to discriminate against an employee on the basis of their age, race, gender, or sexual orientation in the UK?
It is illegal for an employer to discriminate against an employee on the basis of their age, race, gender, or sexual orientation in the UK.
What is the process for making a claim for unfair dismissal in the UK?
To make a claim for unfair dismissal in the UK, an employee must first try to resolve the issue through their employer's internal grievance procedure. If this is unsuccessful, the employee can then bring a claim to an employment tribunal.
Can an employee be made redundant while on maternity leave in the UK?
An employee can be made redundant while on maternity leave in the UK, although they have certain rights and protections in this situation. For example, an employee on maternity leave has the right to be offered any suitable alternative vacancies before other employees.
Succession Law Q&A
What is inheritance law in the UK and how does it work?
Inheritance law in the UK regulates the distribution of a person's property and assets upon their death. A person can indicate how they want their property and assets to be distributed through a will. If a person dies without a will, their property and assets will be distributed according to the rules of intestacy.
Can I choose who inherits my property and assets when I die?
Yes, a person can choose who they want to inherit their property and assets through their will. They can also specify any conditions that must be met in order for someone to inherit.
What happens if I don't have a will in the UK?
If a person dies without a will in the UK, their property and assets will be distributed according to the rules of intestacy. Under these rules, the deceased's spouse or civil partner and children have priority for inheritance. If the deceased has no spouse or children, the inheritance will go to other family members, such as parents or siblings.
Can I challenge a will if I don't agree with its terms?​
Yes, a will can be challenged if there are grounds to do so. This could include cases where the will was not properly executed, where the person making the will lacked mental capacity, or where there was fraud or undue influence involved in the making of the will.
What is a letter of wishes and how does it relate to inheritance law in the UK?
A letter of wishes is a document that provides guidance to the executor of a will on how the person making the will would like their property and assets to be distributed or used. It is not legally binding, but it can be taken into consideration by the executor when carrying out their duties.
Can I disinherit a family member in the UK?
Yes, a person can disinherit a family member in their will. However, certain family members have the right to make a claim against the estate if they feel that they have not been adequately provided for.
What is the role of an executor in the UK inheritance process?
An executor is a person named in a will who is responsible for carrying out the instructions in the will and administering the deceased's estate. This includes gathering the assets of the estate, paying any debts and taxes, and distributing the remaining assets according to the terms of the will.
How are inheritance tax and probate handled in the UK?
Inheritance tax is a tax on the estate of a deceased person. It is due on the value of the estate above a certain threshold (called the "nil-rate band"). Probate is the process of proving the validity of a will and obtaining permission to administer the estate. The executor of the will is responsible for applying for probate and paying any inheritance tax due.
Can I make provisions for someone who is not a family member in my will?
Yes, a person can make provisions for someone who is not a family member in their will. They can specify who they want to inherit their property and assets and can also include any conditions that must be met for someone to inherit.
Are prenuptial agreements recognized in UK inheritance law?
Prenuptial agreements are not legally binding in the UK, so they are not recognized in inheritance law. However, they may be taken into consideration by the courts when determining financial arrangements in the event of divorce.