Islamic Marriages and Divorce in the UK
If you got married overseas or if you had an Islamic marriage ceremony in the UK then how do you get divorced in the UK? That’s a question our family law solicitors are asked as many of our family law clients are from overseas or got married abroad or participated in an Islamic wedding ceremony in the UK.
Online and London Family Law Solicitors
For family law legal advice call the expert London family lawyers at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
Overseas marriage recognition in the UK
Maybe you got married on the beach on a Caribbean island or in a Las Vegas chapel whilst on holiday in the US. Alternatively, you may have got married in India or Pakistan or the Middle East and then come to the UK on a Spouse Visa. Nowadays, overseas marriages are very common occurrences so family law solicitors need to know if your overseas marriage will be recognised in the UK.
It is vital that you get the right advice because the answer will dictate your next steps.
If your marriage is not legally recognised you can't get divorced in the UK (as your marriage is not recognised as legal) and you cannot make a financial claim as a husband or wife. You may be able to make financial and property claims as an unmarried partner.
If your marriage is legally recognised you can't remarry until you get a divorce (otherwise you will commit bigamy under UK law) and in the divorce proceedings, you can make a financial claim as a husband or wife.
Is my overseas marriage recognised in the UK?
If you got married overseas then your marriage will be recognised as legal in the UK provided that the wedding was considered legally valid in the country where the ceremony was performed.
Therefore, if you participated in a Sharia marriage, Nikah wedding or Islamic marriage overseas then your marriage is valid if the country where you got married recognised your marriage as legal without you being required to participate in a separate civil ceremony.
Is my Nikah recognised as a legal marriage in the UK?
Whether your Nikah is recognised as a legal marriage in the UK depends on where and how it took place.
If your Islamic wedding took place overseas in a country that accepts a Sharia marriage as a legal wedding then you are classed as legally married under English law.
If your Nikah took place in the UK and you also underwent a civil ceremony then the English court treats you as legally married because of the civil ceremony.
If you had an Islamic wedding without a civil ceremony in the UK then you will only be treated as legally married under English law if you obtain a declaration of marriage. You are of course legally married under Sharia law.
It is expensive and time-consuming to apply for a declaration of marriage and there is no guarantee that you will succeed in your declaration application. That is because your spouse may argue that your Nikah wasn’t an official marriage in order to avoid you being able to make a financial claim under English divorce law. These types of marriage disputes occur because under English law you may be entitled to claim over half your spouse’s property and assets. If you are not legally married under English law then your claims as an ‘unmarried partner’ in the English courts are very limited.
Whether your Nikah or wedding is recognised under English law can potentially have massive financial consequences for you. Our family law solicitors say that if you are unsure about whether you are married under English law it is best to check now rather than leave it until your spouse decides to separate from you or if sadly your husband or wife predeceases you.
Divorce proceedings if your marriage is recognised in the UK
If your marriage is recognised as legal in the UK then the English court divorce process is the same whether or not you:
- Got married overseas
- Entered the UK on a Spouse Visa
- Had a Nikah in the UK as well as a civil ceremony
If the English court has jurisdiction, then you can apply for a no-fault divorce. This type of divorce application does not involve you in explaining why you want a divorce and you will not need to go to a court hearing to get your final order of divorce.
In English divorce proceedings, a husband or wife can make a financial claim and the divorce court can either make a financial court order by agreement or after contested court proceedings. Sometimes there is more than one choice of country in which divorce proceedings can be started. It may be in your interests to start the divorce proceedings in England if the English divorce court will make a more generous financial court order in your favour than the other choice of country or countries.
Financial claims if your marriage is not recognised in the UK
If your marriage is not recognised in the UK, you will not be able to apply for a divorce in England. You may be able to apply for a divorce in another country and get a financial settlement there. If you cannot do that then it is important to understand your financial claims as an unmarried partner or as a parent of a dependent child. You can claim under:
- Schedule 1 Children Act – to secure housing provision whilst your children are dependent or a lump sum for the children or child support
- The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) – if your partner owns property jointly with you or you have a beneficial interest in property owned in their sole name
How OTS Solicitors can help you
At OTS Solicitors we have a very diverse client base with international families from all corners of the globe. We are therefore experienced in advising on the validity of overseas marriages in the UK and on Islamic marriages and divorce in the UK.
Our friendly and approachable divorce solicitors will talk to you to understand the circumstances of your marriage and then explain your options. We can then help you with no-fault divorce and financial settlement proceedings or in making a claim for a declaration of marriage or in applying for a financial or property order as an ‘unmarried partner.’
For sensitive and discreet family law advice give us a call.
Online and London Family Law Solicitors
For family law legal advice call the expert London family lawyers at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
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