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This month, Prime Minister Theresa May announced plans to open up civil partnerships so that straight couples who want to formalise their relationship but don’t agree with marriage have the same choices available to their gay counterparts. Though there has been no official date for the plans announced yet, Penny Mordaunt, equalities minister, said the change in the law would happen “as swiftly as possible” and many are already planning their upcoming nuptials.

Has the law changed?

As civil partnerships open up to straight couples, and marriages are an option for gay couples, there has been growing confusion over how to separate from the different unions. Thankfully, though, both processes are broadly similar and follow the same basic route. Applying for your divorce or dissolution requires you to state your grounds for it, choosing from unreasonable behaviour, desertion, or separation of two or five years. This is the only way in which the process differs, as straight couples can cite adultery as their grounds for divorce where gay couples cannot.

Grounds for divorce are the only real difference

Unfortunately, the law has not quite caught up with itself and there remains a loophole in that for someone to have committed adultery, they must have had penetrative intercourse with a member of the opposite sex. As a result, if one party had a sexual relationship with someone of the same sex, this will not be viewed as adultery by the courts and the dissolution application will be unable to proceed. You can, however, cite the cheating as unreasonable behaviour and still use it as your grounds for dissolution that way.

After this, your partner responds as with a divorce and you will be given a conditional order that you can file to turn into a final order after a set period of time. This is six months if you filed for dissolution, or three months and six weeks if your partner did. Following the application being filled in and sent off with £45 for your financial order, you will be granted your final order and your civil partnership will be ended with you free to marry again if you so wish.

Do you offer dissolutions?

Of course! Our service is available for divorces or dissolutions of civil partnerships, and we offer a range of packages to suit all needs.

It’s a time of serious stress in your life, least of all because you just don’t know how the process works. You and your partner have agreed that you want to divorce, now what? Do you need a Decree Nisi? What even IS a Decree Nisi?

Your first few steps are to decide what grounds you’re going to divorce on. Most people choose ‘unreasonable behaviour’ because the examples of what can be cited as unreasonable are so wide-reaching. Despite what it might initially appear, unreasonable behaviour doesn’t have to be anything as drastic as physical or emotional abuse and can actually just include examples of your partner not pulling their weight around the house or with your children.

Other grounds include adultery, if one of you has cheated, and separation if you have lived apart for over two years. Petitioners can also apply for a divorce if they have been ‘deserted’ by their partner for over two years or if the couple have lived apart for more than five years, in which case no consent is needed from the respondent. Once you have settled on your grounds, you then need to file your petition form in court containing all of the information needed on your marriage, children and reasons for the divorce. This is where you also pay your court fee and submit other supporting documents.

Your spouse will then have an opportunity to oppose or contest the divorce, and if all goes to plan they will agree for the divorce to go ahead. In most case when the divorce is not defended, the process is mostly just administrative and can be completed in under six months. After the respondent sends back their Acknowledgement of Service in agreement, the petitioner can then apply for their Decree Nisi by preparing a formal statement and answering various questions. 

The court now lists the Decree Nisi to be pronounced, where the papers are accepted and the grounds for divorce are approved by a judge. Most people do not need to attend the court to hear their decree nisi be pronounced, and this part of the process passes easily. This does not mean the marriage is over yet, as six weeks later you can apply for your Decree Absolute and then you will finally be divorced. Six weeks is the minimum amount of time that can pass, but in cases where finances have yet to be sorted you may choose to wait longer before officially ending the marriage.

If you're still confused, call us for free help and advice.

‘What’s the best way to get a divorce?’ is one of the most common questions we’re asked at Quickie Divorce – it’s also one of the most difficult to answer due to its ambiguity.

There are a multitude of ‘best practices’ which should be observed as far as the divorce process is concerned and, in order to answer this question effectively, we need to determine which is of the greatest concern to the person asking it. To answer the question comprehensively, though, the following points will always need to be addressed:

The cost of divorce

For many, the best divorce is the one that costs them the least money. You may therefore assume that we would advise such individuals of the fact that they can, technically, get divorced without spending a penny – and we do, but not before adding some very important information.

Firstly, the divorce will only be free if the circumstances of the spouse that files for the divorce are such that they are not required to pay the court fee. Secondly, even if they find that they do not need to pay the court fee, they’ll need to complete their documents without assistance in order to get a free divorce and this is why doing your own divorce is often a false economy.

If the documents that are filed contain any errors, they’ll need to be amended and resubmitted, and a fee will need to be paid each time they do, meaning that a free divorce can quickly become one that costs several hundred pounds.

As Quickie Divorce will complete all of the documents you’ll need to file for a divorce for just £67 and we’ll cover the costs if any amendments are required, we always recommend this package to anyone looking to minimise the cost of their divorce.

How long does a divorce take?

Another major concern amongst those seeking a divorce is how long the process will take. Whilst it is sadly not possible to provide a definitive answer due to the sheer number of variables outside of our control, we can say that, if you and your spouse communicate throughout the process, this’ll play a big part in making it as expeditious as possible.

If you’re filing for the divorce, let your spouse know when everything’s been submitted to the court. They’ll then know to keep an eye out for correspondence from the court and return it as quickly as possible. You should also respond to any court correspondence you receive as quickly as possible too.

For more advice on how to ensure your divorce is processed and finalised as quickly as possible, click here.

Choosing the right grounds for divorce

For many, waiting until they and their spouse have been living separately for two years so that neither party needs to accept fault for the breakdown of the marriage is the best way to divorce. Whilst this is understandable, it can be problematic when the couple would prefer to get their divorce over and done with as soon as possible.

If it’s the former scenario that describes your current position, then the best divorce for you is one reliant on adultery or unreasonable behaviour. We know this may sound counterproductive but remember that any information that you supply to the court will be treated with the utmost confidentiality so no one else need ever know. Furthermore, any examples of unreasonable behaviour you provide do not need to portray your spouse as abhorrent and can actually be quite mild. If you do need to file on this ground, we’d strongly recommend you discuss them with your spouse and agree what’ll be featured before filing your documents, too.

You can find common examples of unreasonable behaviour in divorce here, here and here.

The best divorce for your future

If you’re worried about how your divorce may affect your future, you’re going to need to request and obtain a Consent Order (this is more commonly known as a Clean Break Divorce) just before your divorce is finalised.

By obtaining this, any agreement you and your spouse have reached becomes binding and prevents either from making any further claim against the other. Indeed, we’d recommend this to anyone who’d reached an agreement with their spouse whether they’d said their post-divorce wellbeing was a concern or not.

If no agreement was in place, we’d also recommend they try to work one out. Should they inform us they can’t successfully negotiate an agreement, we’d advise them to try mediation or instruct a solicitor such is the importance of obtaining such an agreement.

With so many people querying how they can apply for a divorce online in the UK, we thought we’d use our considerable expertise to produce a comprehensive five-step guide detailing exactly how people can both apply for and obtain a divorce. Before, we begin, though, you’ll need to know that, before you can file for a divorce:

• You’ll need to have been married for at least 12 months;
• At least one spouse will need to live in or have close links to England or Wales; and
• You’ll need to be living separate lives (note: this does not necessarily mean you’ll need to be living in separate properties).

Step one: find or replace your marriage certificate

The divorce process is much easier when you can send the court your original or a certified copy of your marriage certificate so it’s advisable you find your original copy or, if you’re unsure of where you left it, order a certified copy (note: you can find out how to order a certified copy of your marriage certificate here).

Step two: choose your grounds

When filing for a divorce, you’ll need to rely on one of five facts/grounds in order to show that your marriage has irretrievably broken down. These are:

1. Adultery

Adultery takes place when one spouse engages in penetrative intercourse with a member of the opposite sex. This is an acceptable ground for divorce provided the parties began living separate lives within six months of the adultery having been discovered. The party applying for the divorce will also need to rely on their spouse’s adultery.

2. Unreasonable behaviour

When filing on the grounds of unreasonable behaviour, the spouse that files for the divorce is arguing that their partner has behaved in such a way that they can no longer remain married to them.

Whilst it’s logical to assume that the behaviour described should be extreme, this is actually not the case and anything that the party filing for the divorce found to be unreasonable can be used.

You can find common examples of unreasonable behaviour in divorce here, here and here.

3. Desertion

If your spouse has left you and this occurred more than two years ago, you can file for a divorce on the grounds of desertion. As both parties will need to agree to the divorce in order for such an application to succeed, this ground is rarely used. Instead, couples that have been living separately for more than two years and both want a divorce are more likely to rely on…

4. Two-year separation with consent

If the parties agree to a divorce and have been living separately for two years or more, then the process of filing for a divorce on this ground is simple. An application reliant on desertion will need to be accompanied by supporting evidence whereas, with two-year separation, this is not required.

5. Five-year separation

If only one spouse wants a divorce and the parties have been living separately for more than five years, they can file on this ground. The key difference between this ground and two-year separation is that consent is not required.

Step three: file a Divorce Petition

In order to formally begin the divorce process, a completed Divorce Petition will need to be submitted to the court along with the original or a certified copy of the marriage certificate.

The Divorce Petition (which is also sometimes referred to as form D8) contains information such as the parties’ names, addresses, dates of birth and other personal information. It will also need to state the grounds for divorce and why the court can deal with the application (also known as jurisdiction).

It is also now possible to file these documents online through www.gov.uk.

Following a petition having been filed, a copy will be sent to the applicant’s spouse along with a form that they will need to complete and return to the courts in order for the divorce to progress.

Court fees

When filing for a divorce, a fee must be paid to the courts. This is set at £550 but can be reduced or even waived completely if you receive certain benefits or have a modest income. Many people assume that they won’t get any help with these fees but it’s surprising how many people do. You can find out if you can get the court fee for a divorce reduced or waived here.

Step four: apply for a Decree Nisi

Following the Respondent having returned their documents to the court (or following a bailiff having served the documents on them in the event that they’ve not returned them and the divorce relied on five-year separation), you’ll be informed and invited to apply for your Decree Nisi.

A Decree Nisi is granted following a judge having reviewed a divorce application and declaring that there is no reason a divorce cannot be granted. In order to apply for one, it is necessary to complete two additional forms, A Statement in Support of Divorce Dissolution (also known as form D80) and an Application for a Decree Nisi (also known as form D84). Both of these will be sent to the Petitioner by the court along with notification of the fact that the Respondent has acknowledged and consented to the application or that a bailiff has successfully served documents on them.

Step five: apply for a Decree Absolute

Once a Decree Nisi has been granted, the Petitioner will be informed of this, along with the date on which it was issued. The courts will also send an application for a Decree Absolute (also known as form D36).

Following six weeks and one day having passed from the date of the Decree Nisi, the Petitioner will be able to apply for the Decree Absolute which, as the divorce application has already been reviewed and deemed to be acceptable, is little more than a formality. The most common problem here is that people fail to wait until six weeks and one day have passed before sending their completed application to the court or failing to ensure that the date they write on the form is one that’s occurred six weeks and one day after the date on which their Decree Nisi was pronounced, also.

How Quickie Divorce can help

We can handle the entire divorce process from start to finish and even prepare and file a Clean Break Order so that all financial ties that exist between you and your spouse are completely severed.

Find out more about our online divorce packages by visiting our website today.

The short answer is – maybe. Researchers have been back and forth on the issue since the fifties, when it would have arguably been pretty scandalous for an unmarried couple to move in together. Back in those days, studies generally found that couples who cohabited before getting married were subject to a higher rate of divorce for a reason that couldn’t be more straightforward. Social norms didn’t really matter to them, because they were living in a non-traditional set up in the first place, so divorcing wasn’t as unpalatable to them as it might be for other couples whose separation would probably generate some great gossip at the village bake sale.

As times have changed, it’s become increasingly common for young couples to move in together as a trial phase before taking the leap into marriage. This has generally meant that any meaningful link between premarital cohabitation and divorce rates has faded to nothing, and some studies since 2000 have shown it might actually be associated with a lower rate of divorce. The general idea here being that living with someone for five years should give you a pretty good glimpse what they would be like as a husband or wife.

Two studies were published this year that looked at broadly the same set of data but came to completely different conclusions and brought the subject back to the public consciousness. The Journal of Marriage and Family supported much older research, and officially found that couples who lived together before marriage had a lower divorce rate in their first year of marriage but went on to have a higher divorce rate after five years. Just two weeks later the Council on Contemporary Families published their report coming to the exact opposite conclusion about live-in girlfriends and boyfriends: Premarital cohabitation seemed to make couples less likely to divorce!

Part of the problem is how quickly these studies stop being relevant, tracking marriages over a span of twenty years to find divorce rates can only be a reflection of attitudes to divorces up to twenty years ago. Can it really be relied upon for useful data when society has shifted yet again? New research has also suggested cohabiting might not give a full picture of premarital experiences that could affect divorce rates, as the average number of sexual partners before marrying creeps up year on year too.

It looks like we’re not getting a solid answer anytime soon, but knowing your partner’s worst habits as soon as possible can only be a good thing, right? And if all else fails, we offer some very affordable packages.

The Divorce Petition, also known as a D8 form, is the document that, following it having been completed and submitted to court, starts the divorce process. This form is a vital part of the process as it provides the court with all of the information it will require in order to administer the divorce such as the parties’ full names, dates of birth, addresses etc. Along with this, the Divorce Petition will also need to state the reasons for the divorce – reasons which will be reviewed by a judge who will use them to determine whether or not they are sufficient enough for a divorce to be granted.

Additionally, the D8 form will need to reference any prior court proceedings concerning the couple’s marriage, their children or property. If, for example, the couple filed for divorce previously but did not finalise matters, or there’s been an application for an order concerning children/property, then the relevant case number, the court within which the matter was filed/heard and the outcome must be noted.

Section six and seven

As we’ve said previously, the D8 form will need to state which of the five grounds for divorce you intend to rely. In addition to this, you will need to provide additional information in support of this ground.

In the event that you’re filing on the grounds of two or five-year separation, the only additional information you will need to provide will be the date on which you came to the conclusion that your marriage was at an end and the date on which you and your spouse began living separate lives. If, however, you intend to file on the grounds of adultery or unreasonable behaviour, you will need to provide a short statement in support of your application.

All of this information will need to be provided within sections six and seven of your D8 form.

Section nine

Section nine is another vital section of your divorce petition: it is here that you will need to provide details of any prior court proceedings and, as failing to do so can cause significant delays to your application, you should provide as much information as possible.

Section ten

When completing section ten you should ensure that you state that you do intend to apply for a financial order in the future. This does not mean that you will have to apply for an order of any kind. It does mean, however, that you will be able to in the future if you need to.

Have you been considering a divorce only to find yourself put off by the cost? You’re not alone. Solicitors can charge upwards of £400 per hour and the courts require a fee of £550 – plus the costs of renting/buying a new place to live, furnishings and so on can all add up, too.

Whilst divorce can be expensive, there are a number of things that you can do to reduce the overall cost. Here are our top tips for reducing the cost of your divorce:

Negotiate your own settlement

Solicitors are expensive and determining how to divide your joint assets can be a long, cumbersome process. As solicitors charge per hour, instructing one to negotiate a divorce settlement on your behalf can result in costs escalating rapidly.

There is, however, no reason why you and your spouse cannot negotiate a settlement without involving solicitors. People tend to assume that using a solicitor when determining their divorce settlements is a sensible move and, as formulating a favourable agreement is a vital part of divorce, we can’t blame them. If you and your spouse are still on speaking terms and have a reasonably good relationship, however, there’s no reason why you cannot arrive at an agreement that meets the needs of both parties without involving costly solicitors.

Even in the event that you’re not quite able to agree matters between yourselves, you can utilise the services of a mediator who will help both you and your spouse negotiate a settlement whilst charging significantly less than a solicitor.

If both you and your spouse cannot arrive at an agreement that either of you deem suitable then it’s obviously in your best interests to spend the extra money on solicitors but, if you can divide your assets in a way that is reasonable and meets both of your needs, you’ll save a substantial amount of money.

Consider an online divorce

When both spouses consent to a divorce, they can save money by foregoing solicitors and instead using the services of an online divorce provider such as Quickie Divorce.

Having begun offering their services in the late nineties, online divorce services have grown in popularity. We, for example, assisted more than 22,500 people in 2017 and our clients can save up to several hundred pounds.

You could even file for a divorce without any assistance and make further savings but this often proves to be a false economy. A single error can result in you needing to amend and resubmit your documents with a fee in excess of £100 needed to be paid to the court each time this is required.

Worse yet, if you fail to obtain a Consent Order (commonly known as a Clean Break order) that formalises you and your spouse’s agreement, then they’ll retain a claim to a share of your assets (including any you accrue after your divorce) and could bring about legal proceedings at any time.

Check if you need to pay court fees

The need to pay the courts the not unsubstantial fee of £550 when filing for a divorce is something that many people are unaware of. More, however, are unaware of the fact that they may be able to have this fee reduced or even not need to pay it at all.

Generally, large discounts and full remissions are offered to those in receipt of certain benefits or low incomes but a surprisingly large number of people who don’t claim benefits and have reasonably high incomes find they’re entitled to relatively generous discounts, particularly those with dependent children.

So, don’t assume that you’re going to need to pay the full fee: click here to find out if you need to pay court fees for your divorce.

Recently, a study conducted by pro-marriage group The Marriage Foundation discovered that the divorce rate in the UK is at its lowest in 30 years. Coincidentally, this finding was made within weeks of it having been announced that the UK government intended to discuss the possibility of introducing no-fault divorce to the UK – something that has led socially conservative commentators to argue that introducing no-fault divorce will lead to the unnecessary breakdown of thousands of families. Whilst these claims are baseless, there is one argument critics have put forward that is entirely accurate: that introducing no-fault divorce to the UK will result in an increased divorce rate.

Whilst it may be logical to conclude that an increase in the divorce rate will lead to a larger number of families becoming fragmented, this is because people forget that separation and divorce are not the same thing. In fact, it is separation, not divorce, that results in one spouse leaving the marital home and, should things then go awry, children becoming estranged from one of their parents.

The irony is that making divorce harder does not help parents or children. The very opposite is true: the vast majority of couples that separate will want to divorce and will want to do so as soon as possible. Also, the need to blame one party for the end of the marriage inevitably makes the divorce process adversarial which, in turn, creates or exacerbates existing animosity and makes it all the more difficult for the couple to provide their children with the stable and supportive co-parenting they’re certain to need following their parents having broken up.

What’s more, the most sophisticated research studies focussing on how separation and divorce affects children indicate that it is their parents’ behaviour following the event that is most likely to have an adverse and long-term effect on their emotional wellbeing. This can potentially lead to behavioural problems as well as negatively impact educational and even professional development.

Yes, the introduction of no-fault divorce will result in an increased divorce rate; what it won’t do is push happy couples and their families apart. It will simply make it significantly easier for couples that want a divorce to get one without the need to get their former spouse’s back up. This will produce divorces that are significantly less likely to become nasty and – as this is in the best interested of all parties – can only be seen as a good thing.

If you want to file for a divorce in England or Wales but you didn’t marry in either country, you can still file for and obtain a divorce from the courts that serve these nations. Irrespective of where your marriage took place, you can file for a divorce in either England or Wales if either party lives in or has a significant link to either nation (common examples of this would including owning properties or still paying some form of tax within either country) though there are a few vital things you’ll need to know – in relation to your marriage certificate in particular.

Do you have your original marriage certificate?

We’re guessing that you, like most people, have the very best of intentions as far as your important documents are concerned. Unfortunately, whilst you knew you were placing your marriage certificate in a safe place when you put it away for safekeeping all those years ago, time passed and, as you thought you’d never need this document again, you forgot where this was. You’re not alone and – whilst the process of getting a new copy can be more difficult if you married abroad – it’s by no means impossible.

If you need a certified copy of your marriage certificate, the best place to start is, if possible, your tour guide or wedding planner. If you used neither, the next-best place is the venue of your wedding and, failing this, the UK’s embassy in the relevant country.

In the event that your efforts don’t bear fruit, you can request that the court allow your application to proceed without your marriage certificate, though we’d recommend that you get a solicitor to assist you with this.

Is your marriage certificate in English?

If your marriage certificate isn’t in English, you’ll need to get a certified translation and submit this along with various other documents including your original/a certified copy of your marriage certificate. Most translators offer certification services for a nominal fee but it’s important that you check that they’re able to provide this before you part with your cash.

How does the divorce procedure differ?

The fact that you’ll need to submit a translation of your marriage certificate aside, the actual divorce process itself is identical to that used when a couple married in either England or Wales. The same forms will need to be completed and submitted to the court at different times accordingly.

If you have any further questions about how you can get a divorce, get in touch with Quickie Divorce today.

If you’ve committed adultery and your spouse is filing for a divorce, it’s fair to say that you’ll probably be feeling anxious about how your actions will affect the divorce process. Society, after all, persistently and mercilessly chastises those who engage in infidelity so it’s understandable that people in this very situation anticipate a punishment of some kind. Perhaps they’ll have to forego any claim that have to the marital home or will be expected to explain their actions to a judge before they’ll grant the divorce? However logical such assumptions may seem, however, they are ultimately incorrect.

A divorce reliant on adultery is, by-and-large, identical to a divorce reliant on any other ground. Yes, a few different boxes should be ticked and specific information needs to be provided but the forms are the same, should be submitted at the same time, are reviewed by the same individuals and are subject to the same timescales as any other application for a divorce.

As far as formulating a financial settlement goes, a spouse that committed adultery is, once again, at absolutely no technical disadvantage. A judge will happily approve any Consent Order (an order requesting that the court approve and make legally binding an agreement that the spouses have reached) provided it is reasonable and will not amend – or even suggest that a couple amend – their agreement for any reason.

The same is true if a couple are unable to agree how to divide their assets and, instead, need to ask a court to determine how things should be split. Again, many would assume that, as one party has effectively accepted that their actions led to the demise of their marriage, that their spouse will be entitled to a greater share of the marital assets, but this is not the case. Instead, a judge’s only instructions are to divide assets in a just and equitable manner that will allow both parties to continue to maintain the lifestyle to which they are accustomed as much as is practicable.

Why, then, is the spouse that is responsible for the divorce not face some degree of punishment? Because determining what causes a relationship to breakdown is ultimately a far more complex process than reviewing the contents of a document or focusing on a single or course of events.

The courts recognise that it is exceptionally rare that one party alone is responsible for the demise of a marriage and this is why it’s highly unlikely that relying on the grounds of adultery will have any bearing whatsoever on your financial settlement.

Earlier this week, I learnt that Italy’s coalition government intend to make a fundamental change to the country’s laws that, should it come to pass, will have a substantial effect on couples that separate or divorce: they intend to make shared parenting compulsory.

On the face of things, many people view shared parenting as the best possible arrangement a couple can reach following them having separated. It would – if it worked – ensure that the children involved maintain a relationship with both of their parents, that the parents themselves are afforded significant periods of rest and abolishes the need for one party to provide the other with child support. A government spokesperson has even gone on record describing such arrangements as “perfect co-parenting”. Whilst such arrangements may make sense on paper, however, they are rarely in the best interests of any children that are involved.

Shared parenting can harm children

A significant amount of research looking into the effects of divorce on children has been conducted with the resultant consensus being that a divorce itself does not necessarily harm children. Rather, it is arrangements and parental behaviour that is most likely to have a substantially adverse effect on children; specifically, children who are subjected to disruptive arrangements and whose parents are openly hostile towards one another.

This reveals the first major problem with shared parenting: having to spend an equal (or at the very least comparable) amount of time with both parents facilitates frequent change. In the event that either parent needs to relocate, this problem is exacerbated.

It’s also highly likely that parents will be required to be creative in order to meet the terms of such an agreement and, as this will lead to them needing to communicate with one another whilst the need to solve a problem has left them feeling anxious creating an environment within which their relationship is likely to degenerate.

Why parents shouldn’t be forced to spend time with their children

Whilst no one would dispute that the ideal post-divorce arrangement would see the children of the marriage have a relationship with both of their parents, forcing a child and there parent to spend time with one another will do more harm than good.

Sadly, there are parents that do not want to spend time with their children. The reasons why are multiple and I do not condone this in any way but, as a negative relationship with a parent can have a long-term and negative effect on a person’s mental health, enforcing contact is simply not in a child’s best interest.  

Under Islamic law, a husband can all but immediately divorce his wife by saying the word ‘talaq’ (Arabic for divorce) three times whether in person, over the phone or even in written correspondence. Unsurprisingly, this is a highly contentious practice that typically draws criticism from several quarters. As a result, many will no doubt be pleased to hear that the act has not just been banned but has become a criminal offence in India.

In accordance with Sharia law, the wife has no legal recourse available and cannot challenge her husband’s decision. India’s supreme court had previously dubbed the practice of the ‘triple talaq’ to be unconstitutional in 2017, but legislation criminalising the act came into force on Wednesday of this week. Despite this, however, 201 such divorces had been recorded in the period between this declaration and the government criminalising the act. This could still be replead, with the country’s Parliament required to officially pass it within the next six months, though this is largely seen as a formality and offenders can also be arrested and charged within this period.

India’s Muslim Law Board are understood to have challenged any plans to criminalise the ‘triple talaq’ in spite of them having taken the position that the act was ethically wrong. Several prominent progressive Islamic clerics supported change and have backed the government, however, which commentators have claimed played a big part in the legislation’s successful introduction.

Additionally, India’s Law Minister Ravi Shankar Prasad argued that a secular nation, such as India, simply could not allow such a practice to continue stating that it created a clear ‘gender imbalance’. Prasad further noted that the practice has already been outlawed in 22 countries including both Bangladesh and Pakistan, both of whom have Muslim-majority populations.

The country’s opposition are not expected to oppose criminalising the ‘triple talaq’ but are predicted to oppose the recommended three-year prison sentence in favour of something more lenient such as suspended sentences or even fines.

India is believed to have a Muslim population of approximately 170 million, amounting to roughly 17% of the country’s overall population, 81% of which is Hindu. The country’s current government has previously been accused of stoking religious tensions between the majority and minority religious groups with critics claiming that this latest move is little more than an attempt by the ruling Bharatiya Janata Party to further galvanise their position as a party that prioritises the interests of Hindus.