Navigating divorce for couples who have had an arranged marriage can be particularly difficult, with parties often finding themselves on the receiving end of stigma within their communities, which can add to the stress. This article discusses how couples can divorce when in an arranged marriage and the considerations for doing so.
Navigating divorce for couples who have had an arranged marriage can be particularly difficult, with parties often finding themselves on the receiving end of stigma within their communities, which can add to the stress. This article discusses how couples can divorce when in an arranged marriage and the considerations for doing so.
If you have a family law issue and you require legal advice to understand your options, contact specialist family law solicitor Joanne Major. Joanne is the founder of her specialist family law firm and has spent her 25-year legal career specialising in family and matrimonial cases.
It is not unusual in arranged marriages for families to take the lead on deciding who an individual marries. They will arrange meetings between the prospective couple and regulate how they get to know one another. For some communities, an arranged marriage is a tradition, and an integral part of their culture and values. Whilst these marriages are often successful and happy, some can be fraught with difficulties.
One of the most challenging aspects of divorce after an arranged marriage is dealing with cultural and religious expectations. In some cultures, divorce is still considered taboo, and families may put pressure on couples to stay together. In other cases, the couple may have entered into the marriage assuming that it was for life, and they may struggle with feelings of guilt or shame that it hasn’t worked out.
What are the obstacles to divorce from an arranged marriage?
In some traditional marriages, it is common for the couple to live with one set of parents. This may pose a problem when the relation breaks down and they are ordered to move out of the home, essentially rendering them homeless. Of course, help is available to anyone in this situation from the local authority housing department, however, they may find themselves and their children far away from their home environment in unsatisfactory temporary accommodation.
This ties in with financial hardship, which is common amongst those separating from an arranged marriage. Many individuals, particularly women, feel shackled to their spouse because of their inability to access the matrimonial funds to support themselves when they leave. Seeking wider family support and planning ahead are great strategies to employ in this scenario.
There is also the issue of shame. In a more traditional family setting, some cultures consider divorce and exposing domestic violence to be damaging to their community standing, and may shun those who do.
Now we are aware of the fundamental challenges facing those who wish to walk away from an arranged marriage. But what are the solutions?
Divorce
Divorcing someone when you entered into an arranged marriage follows the same process as that of someone who met and married their spouse in any other way. Nikah marriages, for example, are not lawfully recognised in the UK unless the couple has a civil ceremony, and the marriage is registered at the Civil Registry. If this has not taken place, the marriage is not legally binding, and the couple will therefore be regarded as cohabitees under English law. However, if the Nikah took place in a foreign country that follows Sharia Law and recognises Islamic marriages, the marriage will be considered valid and there is no requirement to register it in the UK.
Regarding those of the Jewish or Quaker faiths, they have an exemption under the Marriage Acts and can therefore marry anywhere in England according to their own marriage customs, such as a synagogue, hotel, or private home, but they must obtain a registrar’s certificate or certificate and licence. Without this documentation, again, as mentioned above, the parties will be deemed as simply living together rather than legally married.
Assuming you are considered to be legally married and registered accordingly, the divorce would proceed in the same way and follow the same process as every other divorce application.
It should be noted that certain faiths have clear roles setting timetables and sanctions upon those who do not dissolve the religious aspect of the marriage. This is particularly true of the Jewish and Muslim community where a “get”, a “talaq” or “khula” must be obtained, and is separate from the legal process.
Religious tribunals such as sharia councils and battei din are often approached by couples to help resolve family disputes. Whilst bringing parties to a point at which there is agreement regarding the dissolution of the marriage and the steps to be taken, only the family court can effect a divorce and only the religious court can deal with the dissolution of the religious marriage. Therefore, if you have only obtained a religious divorce and not made an application for a legal divorce, you will, in law, still be considered married.
Finances
Further difficulties can arise where the religious tribunals seek to assist parties in achieving resolution of their financial issues. Under the Arbitration Act 1996, the religious court may be recognised as an appropriate body to enable civil disputes to be resolved via this route However, financial matters arising from divorce can only be approved by the family court and implemented following receipt of the final divorce order.
The Matrimonial Causes Act 1973 clearly prohibits religious courts from being able to make any legally binding orders. Parties may therefore find themselves in the position of believing they have reached an agreement on their finances with the assistance of the religious court, only to be later told by the family court that it is of evidential value only. A family court may also question any agreement that appears unfair regarding the process through which the couple has reached the agreement.
If you have had to leave an in-laws’ home because of the divorce, you may be able to apply for spousal maintenance. This is usually required when one party does not have enough assets or any feasible income to meet their basic needs. Spousal maintenance can either be agreed with your ex, or the court can make a decision if your ex is unwilling to enter into terms.
Regarding the family home, if you own the property jointly with your spouse, you have the right to remain living there unless the court makes an occupation order demanding you leave. Even if you don’t own the property outright or jointly, as a spouse, you have a right to occupy the family home, at least until the divorce is finalised. In order to protect this right, you need to register a Family Homes Right Notice at the Land Registry.
If you have suffered from domestic abuse and/or coercive control during your relationship, you may be able to obtain an occupation order to protect yourself and any children, which forces your spouse to leave the property and not return. These types of orders generally last around six months, but in some circumstances, can be a lot longer.
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