What financial claims can arise out of your Islamic marriage if you did not register your Nikah with a civil ceremony?

If an Islamic marriage that takes place abroad, in a country where Islamic marriage is legally recognised, it may be recognised in the UK provided the requirements for a legal marriage in that country were met and the parties had capacity to marry. However, Islamic marriages that take place in the UK are not legally binding under English and Welsh law and couples would need to have a separate civil ceremony. 

If you choose not to register the marriage in a civil ceremony, then it is important that you understand that you may not have the same financial rights as legally married couples in life or death. This does not, however, mean you have no financial rights. 

If your marriage breaks down, you many still have a financial claim for the following:

• Children. If there are children of the relationship and the parties are no longer living together, Child Maintenance is a statutory obligation for the non-resident parent to pay to the resident parent for the benefit of the child. 
• Property. If you live together and the property is owned in your joint names, it is important you are clear whether you own the property. If you own the property as Joint Tenants (JT) this means you own equal shares and in the event that one of you dies, the surviving party would own the entire property. If you own the property as Tenants in Common (TiC) this means you each own separate and distinct shares which form a part of your estate if you were to die.  

If you live together and the property is owned by your partner then there is no right to claim a legal interest in that property unless you can prove a financial claim or a beneficial interest. 

• Bank accounts. You will each be entitled to the money in your own bank accounts unless you have a joint account, in which case you have are entitled to an equal share of the funds. 
• Debts. You will be liable for your own debts unless you have joint debts, in which case you are equally liable for this debt. 
• Inheritance. There may be implications to your inheritance rights.  

If you would like advice on any of the issues raised in this article, please contact Irrum Shah, Solicitor in our Family Law Department here, on 01295 204154, or by email at ishah@se-solicitors.co.uk