the law of attraction
(from issue 4, the
Asian Wedding Directory)
The exciting part of arranging a wedding involves picking
outfits, venues, cakes and rings. Unfortunately, there are also
not-so-exciting aspects that many of you should, but may not,
consider. What could you be going through that might require legal
advice from a Family lawyer? Here comes the legal bit…..
forced marriages
The unfortunate truth is that there continues to be a
misconception that forced marriages and arranged marriages are the
same thing. For many Asians, forced marriage is simply not accepted
as something that happens.
The Government has acknowledged the dangers facing Asian
individuals who may be vulnerable to becoming victims of forced
marriages. In 2007, the Forced Marriage Act came into force and
gave victims, and their concerned family and friends, a way to
access the court and gain its protections.
You will have heard about the case of the 34-year-old NHS doctor
Humayra Abedin who was taken to Bangladesh and pressured into
marrying a family friend. Her solicitors successfully got a Court
Order to help her and managed to get her back in the UK shortly
afterwards.
If you are not happy about your forthcoming marriage and feel
that you are being pressured into it, or you may have been accused
of forcing someone into marriage, then seek urgent legal advice
from a specialist family lawyer who knows the law and can help
you.
religious marriages in the UK
One of the difficulties of living as an Asian in the UK is that
you probably conduct various aspects of your life in accordance
with your culture and religion. For example, many of you will be
leafing through this Directory looking for Mandaps under which to
have your religious ceremony.
Whilst it is great to be able to celebrate your marriage in
accordance with your culture, be warned that a religious marriage
in the UK alone will not be considered valid. If you did not have a
civil marriage as well as your religious marriage, there is a risk
that your marriage will not be recognised as valid and if you ever
separate or consider divorce, you will find that you have few legal
rights.
If you have any concerns, you should seek legal advice as soon
as possible to clarify your position.
pre-nuptial agreements (pre-nups)
Always a hot topic, pre-nups. Britney Spears didn’t want one but
was persuaded to have one when she married K-Fed. It was good
thinking on the part of her advisors as it saved her fortune when
they later divorced.
In Bollywood, Tanisha apparently stormed out of her two-year
relationship with Yash Chopra’s son Uday, when the Chopra family,
somewhat understandably wary from Aditya Chopra’s divorce
settlement from Payal, allegedly made a pre-nup a condition of any
potential wedding discussions.
Whilst prenuptials are not technically binding in the UK, a
recent case involving a German heiress went to the Appeal Courts
where it was ruled that the pre-nup should be considered as one of
the important factors, in certain cases, when negotiating a
settlement.
Pre-nups are not just for celebrities and the wealthy. If you
have assets that you want to protect, a pre-nuptial agreement is
something you should consider. Okay, it's not very romantic, but
then neither is a marriage falling apart and long drawn-out Court
proceedings to decide whether he/she can keep a share of assets you
may have been able to protect in the first place.
Again, get some legal advice if you are unsure of your position,
and particularly with pre-nups, make sure the advice is well in
advance of the forthcoming marriage to give yourself the best
chance of having it upheld by the Courts.
divorce
I know it’s a wedding directory but divorce is a reality that
cannot be ignored. Unfortunately, not all marriages last
forever.
The separation and divorces of Bollywood stars such as
film-maker Aditya Chopra and his wife Payal, and Saif Ali Khan and
wife Amrita Singh have helped contribute to divorce, previously a
big taboo, becoming more acceptable in Asian society.
If things go wrong, you need to ensure that the Court is made
aware of the cultural aspects that differentiate your case from a
non-Asian client’s case. This would include considerations such as
the vast expense of most Asian weddings, the jewellery that passes
between the bride, groom and their families, how any cultural
requirement for the wife to stay at home instead of working could
have affected her earning capacity.
Ultimately, the same laws will apply whether you are Asian or
not. However, you can ensure that the Court is fully aware of the
cultural background of your case and that it takes relevant factors
into account when considering your financial settlement.