Talak, Get and legal Divorce- what’s the difference?

For those who subscribe to certain religious beliefs, the religious aspect of their marriage or divorce is more important than the civil legalities. It is crucial that the consequences of failing to follow up certain religious ceremonies with the necessary civil procedures are understood as this could affect your rights in terms of finances, children or inheritance. Talaq and Get are both forms of religious divorces however their recognition within England and Wales is not the same. 

A Get

A Get is the term used to describe a divorce within the Jewish faith. The religious procedure involves contacting a Beth Din which is a religious Court within the Jewish faith who will support you through the divorce process. The husband must voluntarily give his consent to the Get, thereafter the Beth Din will prepare the religious divorce documentation. A ceremony is held whereby the Get is handed to the Wife in the presence of witnesses. 

A Talaq

A Talaq is the term used to describe a divorce initiated by the husband in the Islamic faith. A divorce initiated by the wife is referred to as Khulla. There is no prescribed wording or requirement for witnesses however if the Islamic divorce takes place in a Shariah compliant jurisdiction, then the Courts of that jurisdiction will often produce a formal document confirming the divorce. 

Divorce in the England and Wales

A Get or Talaq will only be recognised within the jurisdiction of England and Wales if the procedures and law of that Country within which the religious divorce took place were followed. If the religious divorce was obtained within England and Wales, however, the marriages will not be legally recognised as dissolved. This is particularly important, as if the ‘divorced’ parties were looking to re-marry they could be committing bigamy, which is a criminal offence in England and Wales. 

It is advised that if any religious divorce is obtained within England and Wales that this is followed by a civil divorce which would be legally recognised in England and Wales. This would then allow the Courts to deal with your rights in terms of matrimonial finances, access to benefits, tax, child arrangements or inheritance. 

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