Divorce and Religion

Divorce & Religion

We often read in the press about politicians or religious figures complaining that  that getting a divorce has been made too easy. But that is certainly not the view of divorcing couples. No matter how straightforward the law gets, the fact remains that getting divorced is a stressful experience for anyone. Let’s face it, nobody divorces for fun!

It is made all the more complicated when your divorce lawyer fails to acknowledge the importance of your religious faith. The fact that you find yourself in the unenviable position of having to get divorced does not in itself solve what can often be complex religious issues that surround the marriage. After all, most people still get married in a church or mosque or synagogue or indeed some other place of worship. Notwithstanding differences in the marriage, people still have their faith and often they find themselves at a cross-roads between honouring their religious convictions or following their heart. This makes the divorce process all the more painful for people in this situation. Unfortunately or fortunately, English law makes very little allowance for religious convictions in divorce.

Only last week I dealt with a devout Catholic man who despite knowing that his marriage was at an end, and that the only real remedy was a divorce, was nevertheless faced with this painful decision which went against the fabric of his religious faith. Luckily, I was able to find him a solution in the form of a Judicial Separation which meant that he could effectively legally separate from his wife whilst still maintaining a thread of marriage to appease his church. Of course a Judicial Separation means that the marriage is “sort of” ended but not legally and remarriage is therefore not possible.

In the Islam there are very serious issues to be faced. Often complications arise as to who can start or conclude the divorce proceedings. Even more often we are approached by Muslim women who know that they can obtain their legal divorce through the courts but it is all the nore important for them to obtain their Sharia divorce. These issues get even more complicated when all too often the parties to the marriage, although British passport holders at the time of the divorce, actually married in a Muslim state like Pakistan.

In the Jewish faith the Get  is similarly important! If not obtained, then remarriage within the faith is not possible. There are also   likely to be serious consequences for the children.

It is therefore vital when divorcing that you ensure that your solicitor can accommodate your religious views within the proceedings. Luckily we at Mansouri & Son Solicitors have years of experience in dealing with all sorts of complicated religious commitments and devotions and we are experts both at understanding your needs and relaying these to the courts, especially relation to the financial aspects of the divorce and matters affecting children.