Islamic Divorce

Is Islamic Marriage Recognised under the UK Family/Civil Law?

In 2017, the UK government announced that for Muslim couples to register in the UK legally, they must also arrange civil ceremonies ‘in lines with Christian and Jewish marriage’.

Getting an Islamic divorce requires you first to understand that the majority of Muslim marriages are not ‘legally’ recognised in the English court, particularly in England and Wales. Consequently, the Muslim couples have ‘Nikkah only’ marriage recognized under the Sharia (Islamic) Law but not under the UK law unless they register for civil union. Therefore, this means that you can only go through an Islamic divorce, but not a civil divorce, which may affect the maintenance and financial settlement in the English Family law courts.

Marriages conducted abroad and Muslim family law legislation:
If you are religiously married under the Islamic Family Law legislation (applicable in countries like Saudi Arabia, Pakistan, Iraq, etc.), your Islamic marital status is legally recognised in the UK. This is true as long as the ceremony was conducted following UK civil law. You can then proceed towards Talaq or Khula.

How to get an Islamic Divorce in the UK?

Getting Islamic Divorce in the UK-Process
If you are married in a country with Muslim family law legislation and want to be legally separated in the UK, you must register for both Islamic divorce and Civil divorce.

Hence, you can then proceed towards what is referred to as Talaq or Khula.

Talaq vs. Khula
Talaq is a type of Islamic divorce initiated by the man (the husband) to repudiate the wife. At the same time, Khula (aka Faskh-e-Nikah) is the termination of Islamic marriage primarily initiated by the woman (the wife). Nevertheless, in the latter case, the marriage is resolved under the mutual consent of both partners.

Steps to Talaq (repudiation)
Talaq proceedings are based on four significant steps:

• Step 1. Filing an Application to the Sharia Council
• Step 2. Council sents Notification to your wife
• Step 3. The Sharia council investigates whether all the dower obligations (return of Mahr and financial assets) are mutually in agreement
• Step 4. Issuance of an Islamic Divorce Certificate

Steps to getting Faskh-e-Nikah/Khula
Khula is possible in cases where the husband is ‘unreasonably refusing to give an Islamic divorce (Talaq). Hence, you as a wife can apply for Khula through Sharia Council to have your marriage dissolved.
Khula is a 5-steps process, and it includes:

• Step 1. Preparation of Sharia council application
• Step 2. Filing the case created by the Mufti (Islamic Divorce Scholar), with a copy of the notification sent to the husband
• Step 3. An investigation conducted by the Islamic Scholar
• Step 4. Reconciliation meetings between the two partners to negotiate and resolve marriage
• Step 5. Finalising divorce with a Divorce certificate

Here at Axis Solicitors, our family law experts and professional guidance can assist you in proceeding towards Islamic Divorce in the UK from the beginning to the end. Contact us immediately via email at contact@axis.lawyer.

What are the benefits of getting a Divorce under UK Law?

Interestingly, Muslim women can follow Islamic and UK law, hence having more freedom over divorce proceedings and subsequent financial settlement. In the UK, the benefits of civil marriage apply to all citizens regardless of their age, race or religion.

If you are looking for legal assistance, approach our Family Law Specialists at Axis Solicitors. Our highly reliable consultancy can offer legal service even in returning Mahr (the dowry) after marriage/civil partner dissolution.

What do I need to know about Sharia Law and Human Rights in the UK?

Islamic divorce in UK civil courts, The Sharia Law and Human Rights
Understanding the UK Islamic divorces and family law while living in the UK is very important for Muslim men and women before initiating Islamic divorce or marriage termination.

Earlier on, ‘Nikah only marriages’ (Islamic marriages) didn’t offer entitlement to financial support to Muslim women upon marriage termination. Therefore, Muslim couples are recommended to also register for Civil unions in English Law Courts.

Moreover, Nikah based marriages are just recognised under the Shariah Law but not under the UK law unless Muslim marriages are also registered in English civil courts.

Moreover, under the Human rights (‘Respect to a private and family life’ per Article 8 of the European convention), Muslim women living in the UK reserve their rights following the marriage breakdown.
For further information, guidance and legal consultancy, reach out to our UK divorce lawyers expert in Family law and marriage resolution. Contact us at contact@axis.lawyer.

What are the reasonable grounds for getting a Divorce in the UK?

Getting a divorce in the UK requires ‘irretrievable’ termination of the marriage. Nevertheless, to prove that your wedding has broken down or in the process of breaking down, you must support it on the following five grounds:

1. Unreasonable behaviour (this may include domestic violence, drunkenness, not paying the shared financials, etc)
2. Living separately for two years (desertion)
3. Adultery (please note, that you can’t raise this ground if both couples are living together for more than 6-months)
4. Living apart for five years (you can get a divorce even if your ex-partner disagrees)
5. Abandonment for at latest two years

Please note that if you are only married for around a year or less, you can file a divorce. However, you can only apply to get your marriage annulled.

Do I have to visit the Court to get a Divorce and Financial Settlement?

It’s unnecessary to visit the court in person when getting both divorces or seeking a financial settlement. Hence, with professional legal help under the following process, you can avoid visiting the court:

• Negotiation
• Mediation
• Collaborative divorce
• Arbitration

For more information on family law matters, please speak to our highly qualified Divorce Solicitors at Axis Solicitors. We offer out of the court settlement of financial assets after carefully working on your divorce case. We can represent you in the court should you require legal assistance in both winning your divorce proceedings as well as the financial assets assortments.

How long does the Divorce process take in the UK?

Getting a divorce may take approximately 6-8months, depending on the factors such as:

• Financial assets agreement between the two partners
• How quickly the paperwork is returned

Our team of highly specialised Family law Solicitors can help you with divorce proceedings. Further, our divorced solicitor will work with you in negotiation to ensure you get a fair settlement without making any hasty decisions if your relationship/marriage is breaking down.

How much does it cost to get a divorce in the UK?

In the case of major disagreements, the cost may be higher than the average charges. Also, it depends on the amount of paperwork required involving settlement between the two partners.
It is important to note that the cost of applying for the financial negotiation is different from the one involving divorce proceedings alone.

How can our Divorce Solicitors Assist?

With our exceptional experience in family law, particularly in tackling divorce cases, you can always seek our legal assistance. Whether it is related to the divorce, financial settlement or having your assets held overseas, we can assist in challenging your divorce settlement and any additional difficulties related to marriage breakdown.

Reach out to our Pioneered Legal Experts in UK divorce cases and speak to our Axis Solicitors for immediate help. Feel free to drop an email to contact@axis.lawyer.