My ex wants a UK divorce, but we had an Islamic marriage abroad

Case Study: Hakim has recently separated from his wife Alina, whom he was married to in an Islamic ceremony in Pakistan 6 years ago. Alina has told Hakim she will be making an application for a divorce in the UK under the law of England and Wales. Hakim wants to know if divorce proceedings can be instigated in the UK if the marriage took place abroad. 

It is a very common misconception that if a marriage ceremony was conducted in a different jurisdiction, it will not be recognised in the UK. This is not true. 

An Islamic marriage that takes place abroad, in a country where Islamic marriage is legally recognised, 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. 

Provided Hakim’s Islamic marriage complied with the laws of Pakistan, it will be recognised as a valid marriage in the UK. This means that Alina is able to proceed with making an application for a ‘no-fault’ divorce in the UK. A legal divorce in the UK will not be the same as an Islamic divorce and either Hakim or Alina would need to consider obtaining a Talaq. 

If Hakim obtained a divorce in Pakistan, provided it complies with the law of Pakistan and is legally recognised in Pakistan, this would not need to be followed with divorce application in the UK. The Pakistani divorce would be sufficient evidence that the marriage has been brought to a legal end.  

It is also important for Hakim to understand that it may also be possible for Alina to make an application to the courts of England and Wales to deal with any financial claims arising as a result of the marriage. Many couples do not realise this and as a result miss out on financial claims. 

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