How long will my divorce take?
14 November 2017
In a world today driven by technology with an emphasis on communicating instantly over great distances it seems odd that the Indian Supreme Court recently ruled for the Muslim divorces to slow down!
A practice, commonly referred to in India as the “triple talaq” refers to a practice where a man pronounces the word “talaq (divorce)” and is instantly divorced from his wife. Further the man could communicate the words talaq not only orally but by text, email or social media if he so wished! It should be pointed out at this stage, whilst this may be a practice in India may commentators disagree that the practice is in any way Islamic since it can have the effect of being oppressive and can leave a wife without any proper financial settlement. The Indian Supreme Court therefore ruled, 3:2 that the practice was unconstitutional.
The English divorce system is of course very different. A basic straight forward divorce on average can take anywhere between 3 and 6 months from start to finish. This would generally include issuing the petition, the Respondent acknowledging the same, Decree Nisi being applied for and granted and finally a Decree Absolute being granted. The various time frames during the divorce allow the parties time to reflect and crucially also allows time to consider how they may divide their assets between them.
On some occasions, where one party fails to co-operate with discussions surrounding parties finances the Court can delay the granting of the Decree Absolute until an agreement or order in relation to the finances has been received. This has the effect of ensuring neither party is able to gain an advantage over the other and in particular ensures both parties are able to move forward on an equal and fair basis.
The lesson? In today’s world with demands for instant communication, results and outcomes sometimes slowing things down achieves fairness and the best outcome for all concerned.
The Family Law team is led by Ismail Foolat, Solicitor. We are committed to acting in our client’s best interests and ensuring the best possible outcomes in cases involving divorce and custody. Call 01254 297130 or email info@curtislaw.co.uk