The divorce process in England; a straightforward guide

Once you have made the tough decision to get divorced, it is important to note that obtaining a divorce does not have to be difficult. Provided your spouse accepts service and cooperates with the proceedings, the process usually takes between four to six months.

What is the divorce process in England?

Once the divorce petition has been issued, the next step is for your spouse to acknowledge the divorce and state whether they intend to defend / contest it. Usually your spouse would be contacted and asked to accept service of the divorce petition to keep costs to a minimum. If your spouse does not cooperate, service of the petition on your spouse in the UAE may be attempted personally by your lawyer. Your spouse would be asked to complete short acknowledgment form and return it to the court in England. Once the petition has been acknowledged, you can then apply for the first part of the divorce known as the Decree Nisi. As soon as the Decree Nisi has been pronounced you must wait for 6 weeks and a day before you can apply for the Decree Absolute. Once you are granted the Decree Absolute, you are then officially divorced.  

Do I need to attend court for my divorce?

A common question asked by many of our clients in Dubai is whether they need to fly back to England to attend a court hearing regarding their divorce. In short, the answer is no, provided that the divorce petition is not defended by one of the parties. If your spouse does contest / defend the divorce it is usually possible for the proceedings to be compromised meaning that following negotiations, you and your spouse agree the contents of the petition that you are both happy will proceed. In the event you cannot reach an agreement with your spouse (for example because jurisdiction (the place for the divorce) is disputed, then you may both need to attend court for the purposes of a hearing. Following evidence and legal argument, the Judge will decide if the divorce can proceed. Defended divorces (other than for a jurisdiction dispute) are rare due to the legal fees involved, and the delay caused to the divorce.  If a petition is not defended then obtaining a divorce is a paper based exercise which a Judge will deal with without the attendance of either party.

How do we decide how on a financial settlement?

When dealing with your divorce, it is also important to consider the matrimonial finances and how they should be split. Ideally, the aim is to try and reach a financial settlement with your spouse outside court. Unfortunately it is not always possible to achieve this and you may have to issue a court application, known as financial remedy proceedings, to resolve this.

If you issue financial remedy proceedings in England, you need to attend the court hearings and in particular the second hearing known as the Financial Dispute Resolution (FDR) Hearing. The FDR is key because it is the first time that the judge will consider the merits of both parties’ arguments and give an indication of what he would order if it was the Final Hearing. It is important that both parties attend the FDR to maximise the chances of reaching a settlement. The FDR allows for lengthy negotiations (conducted by your solicitor or barrister not directly between you and your spouse). It is an excellent forum for reaching a settlement and for this reason, the majority of cases conclude at this stage.

If the case is not settled at the FDR then the matter will be set down for a contested final hearing, which can last for several days depending on the complexity of the case and the nature of the assets. At the Final Hearing, you will have to give oral evidence outlining your reasons for the settlement that you are seeking.  The conduct of both parties during the marriage will not usually be considered by the Judge at a final hearing. The Judge concentrates on the available assets and income, the needs of both parties and any children and how the assets and income can be used fairly to meet those needs.

The above advice is general; please contact a lawyer at Expatriate Law for an initial consultation. During the meeting (conducted at our offices, by telephone or Skype) you will receive advice tailored to your particular situation. You will come away from the meeting with clear advice as to whether you can divorce in England, what the process involves, how arrangements for your children can be made, and the likely financial outcome. 

What if my ex-husband ignores court orders?

I am commonly asked by female clients what would happen if their husband refused to cooperate with court proceedings, failed to disclose details of their assets or ignored orders of the court. 

I find these are often threats made by one party when faced with the prospect of paying more than they would like to their spouse on divorce.

In reality, a spouse who fails to cooperate can face a wide range of unfavourable orders being made, for example:

• Deductions directly from their salary

• Enforcement against assets worldwide

• Joining of third parties to proceedings (for example family members or business associates where appropriate)

• Money judgments against them (restricting future ability to obtain credit/mortgage etc)

• Restriction on ability to travel

• Imprisonment

• Costs orders being made against them.

The recent English court judgment on the case of Thiry v Thiry [2014] EWHC 4046 (Fam) highlights the penalties that one party can face for failing to adhere to court rules or orders. In this case, Mr Thiry’s obstructive approach to the proceedings led to him being committed to prison for four months. He was described by Sir Peter Singer, the Judge presiding over the final hearing as ‘an unprincipled rogue who has acted in a financially predatory fashion to prey on his wife for his own profit and to her substantial detriment’. The Judge ordered Mr Thiry to pay his wife’s costs of the proceedings totalling £456,000.

This case should act as a deterrent for husbands, or wives who feel that they are ‘above the law’ and can evade court orders or processes.

Click here to read the full judgment of this case.

Alexandra Tribe
Solicitor, Expatriate Law

Family law 'dispute resolution week'

Learn more about the tremendous work of Resolution - a family law network that is committing to ensuring family law matters are dealt with in 'a better way'.

Watch this powerful video produced by Resolution to coincide with Dispute Resolution week.

Divorce doesn't have to be devastating... there is a better way to separate for the sake of individuals, their families and their children.

Click here to watch.

How to divorce without fighting: Sophie Capo-Bianco, solicitor at Expatriate Law, gives her view.

Divorce is commonly known as being one of the most stressful events someone can experience in their life. It is normal for someone to feel an array of emotions ranging from anger, denial, sadness and indifference. Once it is evident that divorce is inevitable, it does not mean that the process has to be aggressive or destructive. It is in everyone’s best interests, and in particular for separating couples who have children, to try and resolve any disputes as quickly and as smoothly as possible.

Engage with the process

It is very important for both parties to engage throughout the divorce process. If one party buries their head in the sand and refuses to engage or ignores court orders then they should realise that it will not prevent a divorce being granted nor a final financial order being reached. It will only increase hostility between the separating couple which will be extremely difficult especially if they have young children. Separating parents need to retain a long term working relationship for the sake of their children; they will have to see each other regularly at handovers for contact and have conversations regarding certain aspects of their children’s welfare and upbringing.

Be honest

It is essential that both parties are honest while negotiating a financial settlement. The wealthier party may try and conceal their assets, which not only creates resentment and tension, it may also lead to preventative emergency applications being made to the court by the other party. This will undoubtedly prolong the legal process, increase legal fees which the party hiding the assets will have to pay and have a damaging psychological effect not only on the separating couples but also their children who commonly become stuck in the middle of an acrimonious divorce.

Be reasonable

One cannot expect to obtain a settlement for maintenance or a capital lump sum when the money does not exist, so it is crucial that both parties adopt a reasonable stance. If there is only one income within the household then after a divorce it will need to be stretched over two households instead; therefore compromises will have to be made. Usually, the more you argue, the more you spend on legal costs which will inevitably decrease the value of the matrimonial pot. A High Court Judge in London said earlier this week that there should be fixed pricing in matrimonial disputes when he gave judgment on a case where the parties ended up spending a third of the matrimonial pot on legal fees. It is important to bear in mind the cost to benefit ratio under these circumstances.

Obtaining sensible advice is essential 

Obtaining sound independent legal advice will also help to try and resolve the process smoothly as well as to dispel common myths. There can be a lack of trust between the parties and one party may not believe what the other has told them about the divorce process so independent legal advice can put both parties concerns at ease and help them move forward to achieve a reasonable and fair settlement. Attending mediation and / or round table meetings with your respective solicitors can help to iron out all the outstanding issues in a few sessions.

Divorce can have a devastating effect on a separated family if it becomes bitter and antagonistic. The solicitors at Expatriate Law work under the Code of Resolution, which is an organisation run by family lawyers, whose aim is to approach family problems in a non-confrontational way and to consider the needs of the whole family and in particular the needs of the children.

Sophie Capo-Bianco is an English qualified solicitor and expatriate family law specialist at Expatriate Law, where she is based in the Dubai office. Email Sophie on sophie@expatriatelaw.com.

Know the law when it comes to expat divorce in the UAE

Sonny Patel, specialist expatriate divorce lawyer at Expatriate Law speaks to the National newspaper:

'A court’s ability to accept an application for divorce is called its “jurisdiction”. The choice of jurisdiction on divorce can have far-reaching implications financially.

For expats, there is usually a choice of jurisdiction in which a divorce may take place. Jurisdictions to consider would be that of the husband or wife’s home country (irrespective of where they now live), or the local UAE court.

Jurisdiction will largely depend on the nationality, domicile and habitual residence of both parties. Different definitions and rules apply depending on the law of the home country. For example, for British expats, divorce and financial matters can be dealt with through the English courts, without them even leaving the UAE. This is because proceedings can usually be issued in England based on the parties’ “domicile of origin” even for those who have lived abroad for years.

Here are the five major financial implications of the choice of jurisdiction on an expat divorce (for illustrative purposes UAE law is contrasted only with English law):

1. Division of capital and property

English law allows the courts a wide discretion to redistribute assets of spouses during a marriage breakdown, regardless of the origin and strict legal ownership of those assets. For example, assets acquired before the marriage or those inherited by one party can be vulnerable in a divorce. Ownership could be transferred from one spouse to the other or there could be an order for sale to divide proceeds.

Under UAE law each party simply retains the assets and property held in their names. If all property is held in one party’s sole name, the other cannot claim against that.'

Click here to read more.

Which way to turn? How to choose a good divorce lawyer in Dubai

The starting point for expatriates in Dubai who are considering separating or starting divorce proceedings is that there is usually a choice of jurisdictions in which the divorce may take place. Allowing the proceedings to take place in the wrong jurisdiction can have disastrous financial consequences.  

A good divorce lawyer should be able to advise on jurisdiction, and then help you to unravel the legal ties of your marriage, secure your financial future, and if there are children, help the parties settle into a workable post separation co-parenting relationship. If your soon-to-be-ex takes an aggressive or unreasonable approach, then your lawyer needs to be experienced enough to protect your interests and your assets.

How do you find the right person for the job?

1. International family law is complex and is continuously evolving. It is highly specialised area of law. Choose a specialist lawyer who has qualified in the jurisdiction in which you expect the divorce to place. For example, if you need advice on UK law, ensure that your lawyer is a UK qualified solicitor regulated by the Solicitors Regulation Authority. A general practitioner or an unqualified ‘legal advisor’ muddling their way through is likely to do more harm than good.

2. For British expatriates, it is useful to check whether your solicitor is a member of 'Resolution' - an association of family law solicitors who are committed to the constructive resolution of family problems. In addition, Resolution accredited solicitors have achieved special recognition for their expertise in particular areas of law.

3. Geographical location has become less important. The vast majority of the work in your case can be conducted by telephone, e-mail and skype. Choosing the right divorce solicitor is better than choosing one who is geographically convenient. The best divorce lawyer for you is the one with expertise, training and experience.

4. Choose a solicitor with the appropriate experience to reflect the potential complexity of your case. If your case involves substantial assets and income then consider choosing a senior solicitor. The hourly rates will be higher but the legal costs will be proportionate to what is at stake. If your resources are modest request a junior solicitor to handle your case to keep the costs down. Seek assurances that the junior solicitor will be supervised by more experienced colleagues - in this way you can benefit from their lower hourly rates but you will still have access to the more experienced solicitor where appropriate.

5. Arrange an appointment to see your solicitor. Prepare a list of key events/dates of the marriage, a summary of the assets of the marriage and income of both parties, and a list of key questions. You will get much more out of your first interview with your lawyer if you are prepared with these questions, and it will be an opportunity for you to gauge whether you will be happy to instruct that solicitor to act for you.

Expatriate Law are delighted to welcome two new lawyers to join our Dubai team

Sophie Capo-Bianco and Sonny Patel have joined our team of expat divorce specialists, and are based in our Dubai office.



Sophie Capo-Bianco

After obtaining a Bachelors and Masters degree at university, Sophie went on to obtain a distinction in family law at the College of Law in London. Sophie trained at and worked for Goodman Ray Solicitors, a niche specialist family law firm in London,  for five years before joining Expatriate Law in Dubai.

Sophie is experienced in managing her own caseload and undertaking a wide range of family law matters. Her work has involved advising high net worth clients in private children law proceedings, highly acrimonious residence and contact cases, wardship, jurisdiction disputes concerning divorce and financial remedy proceedings.

Clients describe Sophie as hard working, approachable and empathetic with their difficult situation.  Her determined attitude ensures that she will protect her client as well as providing balanced legal advice.

Sonny Patel

Sonny was admitted as a solicitor of the Supreme Court of England & Wales in 2006.  Before joining Expatriate Law in September 2014, Sonny practised family law at Seddons, a Legal 500 rated law firm based in London’s West End, where he consistently achieved outstanding results for his clientele of professionals and entrepreneurs.

Although based in Central London throughout his career, Sonny has represented clients who have instructed him remotely from locations such as Singapore, Switzerland, South Africa, Canada, the US and the UAE.

Sonny honed his skills working with (and successfully acting against) leading lawyers in London’s best family law teams. His recent experience encompasses high net worth divorce and financial settlements, advice on jurisdiction and forum shopping, the relocation of children across international borders and negotiating and drafting prenuptial agreements.

Sonny is a solutions-driven negotiator and is highly motivated by a desire to help his clients emerge from the legal process with their finances and their dignity intact – particularly where there are children involved. However, if reasonable agreement cannot be reached Sonny has significant experience of litigation in the London courts.

Meet the rest of our team.

The Sassy Mama Dubai guide to divorce and separation for British expats

Alexandra Tribe talks to the Sassy Mama Dubai and provides tips for separating couples in the Middle East.

I find that divorce is a taboo word for most mothers. I’m often nervous to say that I’m a divorce lawyer because for many people, divorce is associated with anger, hurt and acrimony. But it doesn’t have to be like that. Separation can be straightforward. With careful advice and guidance, it is possible and now increasingly common for couples to separate amicably and remain on good terms for the sake of their children.

Here are tips for any mums feeling uncertain about their marriage, who don’t know where to turn:

1. Firstly before considering divorce or separation, try counselling. The years of motherhood are beyond exhausting and put a strain on the most stable of marriages. You may not think it, but everyone’s trying it, whether they are having marriage problems or just need help with communication. It works. Life coaching is a form of counselling that can be helpful for troubled marriages; it seeks to improve communication and plan for the future rather than dwelling on the past.

2. ‘Jurisdiction’ – this means what court where would accept an application for divorce. Many expat mums may not know that they can divorce quickly and easily in their home country whilst living abroad. For example, we have assisted thousands of British expats to divorce through the English courts. The financial outcome in the courts of your home country may be better than in the courts where you live.

3. Make a plan – think about the practical implications of separating. Where would you live? If you are an expat, would you move home with the children? Consider that you may not be legally allowed to relocate with the children without your husband’s consent. 

4. Consider your financial needs – start writing down your day to day spending on yourself and the children so you know what your income needs are. Keep receipts for larger items. This is important as often your income needs will form that basis of any financial settlement you reach with your husband.

5. Be financially savvy – think whether you are aware of your family finances. Consider whether you may want to protect jointly owned assets; banks will often make a jointly owned account a ‘joint signatory’ account if there is a risk one party will remove all funds.  Try to ensure you have some emergency funds set aside. Ask your lawyer how property in your husband’s name may be protected.

READ MORE HERE: http://www.sassymamadubai.com/the-sassy-mama-guide-to-divorce-and-separation/

Divorce in Dubai and Abu Dhabi

        

 

As an expatriate living in the Dubai, United Arab Emirates, it is hard enough to know where to turn for a decent plumber, let alone specialist advice on matrimonial and family problems.  In the UK, the Solicitors Family Law Association (now “˜Resolution’ ) or the Law Society may be your first port of call. UK family solicitors and mediators are jumping from the pages of the telephone book and the internet.  A large percentage of UK residents also have access to free legal advice and assistance via firms with a franchise from the Legal Services Commission. Help is in abundance.

 

However in the event of a marriage or relationship breakdown whilst living in Dubai, it is more difficult to know where to turn.  A person going through such problems may suffer months of anxiety before they are able to obtain advice and reassurance.  They will find themselves requiring answers to questions such as “˜will I be able to stay here if we separate?’, “˜who will sponsor the children and provide visas?’, “˜can I divorce, and if so, where?’, “˜how will I manage financially?’  and “˜what am I entitled to?’ They may even have concerns of the criminal implications of the marriage breakdown, for example if one party to the marriage had committed adultery. In addition, they are likely to be feeling conflicting emotions such as guilt, anger, sorrow and vulnerability.  The sooner these issues are addressed, the better.  Often I have encountered clients who once they have been advised of their rights, reconciliation with their spouse follows, as insecurities are put aside.

 

Matrimonial and family issues are on the rise in the United Arab Emirates. Whereas a few years ago financial pressures and outside influences did not seem to create a significant affect on family life, long working hours, increased living costs, financial troubles, more social activities and pressures of work are leading to the breakdown of marriages here. In addition, financial vulnerability of some wives makes marriages more precarious. In Dubai in particular I have noticed that women are less in control of their financial situation within a marriage than they are in the UK.  If their husband is the main earner in the family, I have found that he is more likely to be in charge of financial arrangements.  Where a tax free salary is earned, more people have income in excess of their outgoings to be invested in pension funds, properties or other savings and ventures.  Not always intentionally, a wife may be kept in the dark about such investments.  Should the unfortunate breakdown of a relationship occur, the wife may be left guessing at the husband’s salary, let alone details of his offshore investments.

 

As a member of Resolution in the UK, I am obliged to follow a code of conduct that promotes reconciliation where appropriate or otherwise advocates a constructive, non-confrontational approach to the resolution of family law matters.  In my experience, this minimises disruption and harm to any children involved.  It also preserves the matrimonial assets by keeping costs low.  It is widely recognised that agreed solutions are more likely to work in the long term than any arrangements imposed by the Court.  Issuing Court proceedings in order to litigate an issue in dispute can often be seen as a hostile act, and should only be used as a last resort. However immediate and decisive action such as Court proceedings may be needed at times to safeguard the interests of a client, for example to stop one party dissipating matrimonial assets without the others’ consent, or to obtain child maintenance urgently.

 

On a first meeting with a client who wishes to separate from his/her spouse, an early consideration is jurisdiction.  What is the appropriate forum for proceedings for divorce to be commenced?  Which jurisdiction would lead to the most favourable outcome? Jurisdictions to consider would be that of the client’s home country, the spouse’s home country, or the jurisdiction of the local Dubai courts.
Jurisdiction will largely depend on the nationality, domicile and habitual residence of both parties.  British expatriates are often unaware that divorce and financial matters can be dealt with swiftly through the UK courts, without them even leaving Dubai.  A divorce is most usually entirely carried out on paper, without the attendance of the husband or wife at Court. It is not, as often thought, necessary to divorce in the place in which you were married.

 

Alternatively, divorce proceedings can be commenced in the Dubai Courts. Contrary to belief, Sharia law will not necessarily apply. If parties are in agreement about divorce, financial and children matters, using the local Courts may save time and be cost effective.

 

Jurisdiction is a complex issue, and requires detailed consideration.  Lengthy delays to any proceedings, amicable or otherwise, can take place if matters are commenced in the wrong jurisdiction.   It is also important to be aware from the outset of the enforceability of any orders that are obtained. Some orders made by the English Courts may not be enforceable in Dubai if they conflict with local laws. If separating couples seek comprehensive advice on all these aspects at an early stage, they can ensure increase the likelihood of amicable and swift resolution of the issues between them.

 

As in life, the key to a good marriage is compromise.  The same can be applied to separation and divorce.  Both parties must compromise with one other and to avoid the entire family becoming embroiled in a lengthy, costly and upsetting period; each party must try and continue to consider the feelings, needs and rights of the other party.

 

I am a solicitor specialising in divorce and children matters for British expatriates. You can reach me at Alexandra@expatriatelaw.com or visit our website at www.expatriatelaw.com for Skype and telephone details.