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Divorce rights for spouses in the subcontinent

A common concern for spouses in the subcontinent is that they will be left penniless if they file for divorce against their partner in England. A little-used solution to this problem called ‘Maintenance Pending Suit’ can ensure finances are forthcoming until the divorce is finalised.

Brookman Solicitors were able to successfully obtain such an order in a case concerning a couple that married in Pakistan. The husband had moved to the UK, leaving his wife behind, and subsequently entered in an Islamic marriage with a new partner in the UK. The abandoned wife therefore began divorce proceedings in England on the grounds that her husband was habitually resident of England and Wales. The Maintenance Pending Suit was obtained and the husband was ordered to pay a regular maintenance and a monthly allowance for legal fees.

In this example, the husband did not make payments and instead fled back to Pakistan. However, the husband was found to be in contempt of court and the abandoned wife is currently seeking enforcement of the order through the courts in Pakistan.

Aziz commented, “we want to make people aware of their rights and that this order can cover the expenses of the partner that is less well off. Payments are typically made monthly and the order can be enforceable on the subcontinent if required. We are also very aware of the social stigmas that can be attached to marriages that break up in countries such as India and Pakistan and always handle these cases with great sensitivity”.