A three minute marriage – How soon can I get divorced?

Posted on 12th October 2023 by McAlister Family Law

A three minute marriage – How soon can I get divorced?

Rumours are circulating online about a couple in Kuwait who were married for a grand total of three minutes. Here, McAlister Family Law’s Heather Lucy looks at how this can happen and whether it would be legally possible in England and Wales.

A three-minute marriage? How is that possible? Apparently, the couple were married in front of a judge and, when they were leaving the courtroom, the bride stumbled. Instead of helping her, the groom mocked her, and the (rightfully?) angry bride asked the court to immediately bring their marriage to an end. The judge agreed and their marriage was dissolved. This may be an urban legend being spread on the internet, but it does pose the question of whether it would be possible to do the same in England and Wales.

In England and Wales, it is not possible to make an application for divorce until you have been married for 12 months. You then have to wait a further 20 weeks from when the court issues your application to become eligible for a conditional order which is the next step in bringing your marriage to an end. This cooling off period may feel unnecessary if you separated less than a year into your marriage but it is almost impossible to dispense with it.

The conditional order is a key step in your divorce. It means that the court are satisfied that you and your partner can be divorced (and you are able to apply for the final order 6 weeks and a day later), and it allows them to make orders about financial matters. This is often a key concern for people who are separating, and they are keen to have the certainty of a final order in place.

If you split up with your partner before a year has passed, then either one of you (or both of you together) might choose to apply to the court for a judicial separation order. These orders are also sometimes sought by people who may not want to divorce for religious reasons but who do want to separate.

It is key to note that a judicial separation order is different to a divorce. One important point is that being judicially separated does not mean that you are legally single and therefore you cannot remarry. Further, a divorce will impact any pre-existing wills and is relevant to the order of inheritance under intestacy laws, but you are still married if you are judicially separated so you will need to think carefully about reviewing your will.

If you judicially separate from your partner, you can apply to the court for a financial order. The range of powers open to the court differs from those available under divorce. The court cannot make a Pension Sharing Order if you are judicially separated and there can be no ‘clean break’ in respect of your finances. You can record that you and your partner intend to get divorced after a year has elapsed and that there should be a clean break order then, but this is not binding.

If you have been married for less than a year and want to legally separate from your partner, then it would be sensible to speak to a specialist family lawyer who can discuss your individual circumstances with you and set out your options moving forward.

If you or someone you know is affected by the issues raised in this blog post, we can provide you with expert legal advice. For more information, please get in touch with our specialist team at hello@mcalisterfamilylaw.co.uk

Molly Mae and Tommy Fury get engaged – but what if they broke up?

Posted on 5th October 2023 by McAlister Family Law

Molly Mae and Tommy Fury get engaged – but what if they broke up?

Former Love Island contestants, Molly-Mae Hague and Tommy Fury have recently announced their engagement. The pair met on Love Island in 2019 and have been going strong ever since. But what happens if they break up? Here, Weronika Husejko looks at what a separation looks like legally, and what would happen with their daughter Bambi.

As many will know from their Instagram accounts, they have lived together for some time now, pretty much since their exit from Love Island in 2019. They also had their first child together at the beginning of this year, a baby girl called Bambi.

Whilst the happy couple are probably making wedding plans for their big day as we speak, you may wonder- what would happen if they broke up before they tied the knot?

The rules that apply to engaged couples are generally the same as those which apply to cohabiting couples upon separation. This means that they could not make a financial remedy claim under the same legislation that married couples usually would, that being the Matrimonial Causes Act 1973.

TOLATA

In terms of any property that the pair own together, any disputes in relation to this would be treated as a “ToLATA” claim. This is because the Trusts of Land and Appointment of Trustees Act 1996 is the legislation which deals with disputes relating to the ownership of property or land.

In a situation where the property was purchased by both of them and it is clear from the title deeds how the property is held, there is less scope for dispute. However, if one of their names are not on the title deeds, it can become more complicated and will depend upon a number of facts.

Schedule 1

As the pair also have a child, Bambi, they may also be able to make an application under Schedule 1 of the Children Act 1989.

This legislation allows separated parents to apply for various orders for the benefit of the child. This type of application is usually made by the parent with whom the child lives- so say if Bambi lived with Molly-Mae, she may apply for various orders under Schedule 1, depending on their respective financial circumstances of course.

Molly-Mae may be able to apply for the following orders on behalf of their daughter:-

Periodical payments
Secured periodical payments
Lump sum
Settlement of property
Transfer of property

Other avenues

There are actually some other pieces of legislation which provide engaged/ formerly engaged couples with certain rights. One example is that a fiancé may be able to claim a beneficial interest in property owned by their former fiancé albeit this would only apply in limited circumstances e.g., if the non-owning fiancé had made a contribution to substantially improving the property.

In summary, Molly-Mae and Tommy have various legal avenues they may be able to pursue if they did split during their engagement however, they would be very much dependent upon their individual financial circumstances.

Joe Jonas and Sophie Turner – What happens when parents disagree?

Posted on 25th September 202325th September 2023 by McAlister Family Law

Joe Jonas and Sophie Turner – What happens when parents disagree?

Joe Jonas and Sophie Turner locked in relocation battle over their children. Here, McAlister Family Law Solicitor Nicola Bradley looks at what happens when parents disagree on which country their children should live in?

Game of Thrones star, Sophie Turner, and her pop-star husband, Joe Jonas, are currently going through a very public and increasingly acrimonious divorce. To add to their troubles, the pair are now engaged in a very heated court battle over the arrangements for their one year old and three year old daughters. It has been widely reported that Turner and Jonas cannot agree on where the children will live; Turner allegedly claims that Jonas has “abducted” the girls and is wrongfully retaining them in America, whilst a representative for Jonas has hit back with claims that the use of the word “abduction” is a serious abuse of the legal system and entirely misleading in the circumstances.

It can often be very difficult for parents to navigate the arrangements for children when a marriage or relationship comes to an end, but these problems are magnified when the dispute is over which country the children should live in.

In the first instance, parents should always try to sit down and talk this issue through in the hope that an agreement can be reached. In Turner and Jonas’ case, Turner argues that the pair had already agreed that the children would reside in the UK and that Jonas has since resiled from this by keeping the children in America and refusing to hand over their passports.

In circumstances where an agreement has broken down or where you cannot reach agreement, the parent wishing to relocate will need to apply for a Court Order allowing them to do so and permitting them to take the children with them. When making this decision, the paramount consideration of the Court will be the welfare of the children and whether a relocation would be in their best interests. When making this decision, the Court will have mind to a number of factors including but not limited to:-

the motivation of the parent making the application
whether the practical proposals have been well researched and investigated
The reasons for the other parent’s opposition to the relocation
The effect granting or not granting relocation would have on the children’s relationship with either their parents and their respective families

The Court will also take into the children’s wishes and feelings, so far as they can be ascertained. The older a child is, the more weight and emphasis will be placed on what they want to do and what they feel is right for them.

It is important to remember that neither parent can make a unilateral decision to take the children to another country. If one parent takes the children out of the jurisdiction without the expressed permission of the other parent, this amounts to abduction and emergency orders can be obtained for the summary return of the children to this country. Similarly, if you are concerned that the children are at risk of being taken out of the jurisdiction by the other parent, emergency orders can be sought to prevent this from happening.

Breach of child arrangements order – What are my options?

Posted on 4th May 2023 by McAlister Family Law

Breach of child arrangements order – What are my options?

Navigating decisions about arrangements for the children, house rules and holidays can be a very difficult task for separated parents. In cases where an impasse is irreconcilable, it may be necessary to secure a Child Arrangements Order to clarify matters and enable the parties to move on with their lives. Here, Agata Napora looks at the consequences if Court Orders aren’t followed.

Initial Steps

A constant breach can be very upsetting and cause a lot of uncertainty for the other parent and the child concerned which is far from desirable and should be handled with care. In first instance we would recommend that you always try to address all the issues direct as this may help break the ice between you and help resolve matters without the need of engaging a solicitor or taking your case back Court. However, should this approach be unsuccessful, the next step would be to contact a solicitor with a view to writing to the other party and reminding them of their obligation to comply with the Order and the legal ramifications if they continue to breach it.

A Child Arrangements Order has a “Warning Notice” attached to it which informs the parties about the consequences of failure to abide by the terms of the Order. From a legal standpoint, a breach of a Court Order is a serious affair as it constitutes a contempt of Court, and this may lead to sanctions being made against the non-compliant parent.

If correspondence from a solicitor does not achieve the desired effect and the other parent continues to act contrary to the terms of the Order, then you may need to consider applying to the Court for enforcement.

What Constitutes a Breach of an Order

When a Child Arrangements Order is already in place almost anything can amount to a breach including a lateness to the handover or a cancellation of contact due to an illness, or a prior work commitment. Whilst a one-off incident of this nature is unlikely to be enough for the Court to order a sanction against the other party, a series of minor breaches may have a profound impact on the welfare of the child and the Court will therefore take a closer look at the overall situation. It is therefore advisable to keep a record of all the instances and the frequency of the said breaches so that the Court can benefit from a full picture and is able to investigate the issues accordingly.

What the Court looks for in enforcement applications

The Court will determine the nature of the breach and look at the reasons behind the other parent’s non-compliance. The Judge will be interested in knowing as to whether there is a plausible explanation behind the other parent’s conduct or perhaps no valid justification at all. The Court will assess the effect of the breach on the child’s welfare and whether it would be in the child’s best interests for the order to be enforced. Every case is different, and in some circumstances, the Court may wish to obtain expert advice or a CAFCASS report or make a referral to social services to investigate matters in more detail before making a final determination.

How to make Enforcement application

An application to enforce a court order is made on a specific enforcement application form C79. There is also a Court fee payable of £232 unless you qualify for a fee remission. We would recommend that you seek legal advice on how to complete the form to ensure that your application is successful.

Enforcement and Sanctions

In deciding whether to enforce the Order, the Court must satisfy itself beyond reasonable doubt that such action is necessary and proportionate to the seriousness and frequency of the parent committing the breach and that the Enforcement Order is required to secure compliance with the Order. If the breach turns out to be minor or the parent in breach of the Order actively shows remorse and perhaps undertakes to the Court not to repeat the said misconduct, the Court is likely to consider that Enforcement Order is not necessary. Furthermore, if a parent in breach of the Order can show on balance of probabilities that they had a reasonable excuse for failing to comply with the order, then it an Enforcement Order will not be granted.

Whilst some parties may be referred to a separated parents information program (SPIP) or mediation to resolve their disputes, others could be ordered to pay a fine, undertake unpaid work or be committed to prison. It may also be possible for one parent to seek a compensation for financial loss suffered by reason of the breach.

Who pays costs of enforcement proceedings

The standard rule on costs in children proceedings is that there should be no order for costs. This approach however does not apply to applications for enforcement orders meaning that the applicant party have the right to seek costs against the respondent party and the Court has a discretion to order the unsuccessful party to pay the reasonable legal costs of the other side.

If you are considering applying to the Court for enforcement of the existing Child Arrangements Order, we would highly recommend that you seek specialist assistance.

If you need advice on this topic, or any other matters concerning divorce or family law, please get in touch with our team at McAlister Family Law.