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Family Law Blog

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Divorce and talaq

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How to get a UK divorce is often asked of us, perhaps mainly by expats. It is not always a simple issue to decide if the English Courts can deal with an international divorce but a specialist divorce solicitor can advise.

But increasingly family lawyers are called upon to advise upon divorces pronounced abroad under very different laws. There was a time when the English courts did not approve of divorces abroad unless they followed a set procedure not unlike that in England. But times have changed and there is rather more enlightenment and respect for the laws and culture of others.

Indeed there was a case in 2007 (the case of K v R) when the English Courts recognised a divorce in Pakistan known as a talaq where the husband had gone back there from the UK in the 1980s and pronounced the talaq. The wife knew nothing of this and in 2004 started proceedings in England. The Judge in the case indicated that a divorce in another country should be recognised in England unless there was a very good reason not to. The fact the wife in this case was not involved in it nor notified of it made no difference in Pakistan and that way of life and approach should be respected.

So a talaq, certainly a Pakistani talaq, is clearly recognised in England.

That apart, she was allowed to make a financial settlement application against her ex husband even roughly 22 years after the divorce!

Here is some more information about The validity of Talaq Divorce in the UK

Andrew Woolley, Divorce lawyer

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