The Validity of Talaq Divorce in the UK
Family lawyers are sometimes called upon to comment on the validity of an Islamic marriage known as the Nikkah or an Islamic divorce known as Talaq.
Sometimes it becomes necessary to obtain declarations of marital status, for example, where the courts declare that a marriage or divorce should or should not be legally recognised in England and Wales.
Any overseas divorce obtained after 4th April 1988 is only recognised in the UK if it is valid in the country it was obtained and at the relevant date, i.e. the date the divorce was granted, either the husband or wife were habitually resident or domiciled in that country or a national of that country. As Talaq divorce is recognised in both Pakistan and Bangladesh any Talaq divorce obtained there would be legally binding in the UK too provided the conditions detailed below are met.
The relationship between Islamic law and English law can seem complicated but we can help! Do look at our article here on The Validity of Talaq Divorce in the UK and you can find our views on these isssues:
What is Talaq?
Talaq divorce is legally binding in Pakistan and Bangladesh where certain criteria listed below are met.
How can I obtain a Talaq Divorce that is legally recognisable in the UK?
What if I pronounce the Talaq in the UK only?
Can I still sort out the finances and the house,i.e. get my divorce settlement in the UK even if I have had my Talaq Divorce abroad?
Shahzea Tahir
Divorce Solicitor