Case Study: Akram has recently separated from his wife Javeria, whom he was married to in an Islamic ceremony (Nikah) in Pakistan 6 years ago. Javeria has told Akram she will be making an application for a divorce in the UK under the laws of England and Wales. Akram wants to know if divorce proceedings can be instigated in the UK if the marriage took place abroad.
Many people believe that if they married outside of the UK, they cannot get a divorce here. This is a very common misconception. In reality, the courts of England and Wales can grant a divorce even if a marriage was conducted in a different jurisdiction, provided certain conditions are met.
Is an overseas marriage recognised in the UK?
If your marriage was legally valid in the country where it took place, it will generally be recognised in the UK. For example, a Nikah conducted in Pakistan will usually be recognised here if it complied with Pakistani law and both parties had the legal capacity to marry. This recognition means you can apply for a divorce in England and Wales under the new ‘no-fault’ divorce system. Provided Akram’s Nikah complied with the laws of Pakistan, it will be recognised as a valid marriage in the UK. This means that Javeria is able to proceed with making an application for a divorce in the UK.
Legal divorce vs Islamic divorce
It is important to understand that a UK civil divorce will not be the same as an Islamic divorce (Talaq) and either Akram or Javeria would need to arrange this separately. The UK courts only deal with the legal dissolution of a marriage.
What if you already divorced abroad?
If Akram 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.
Financial claims after an overseas marriage
Even if the marriage took place abroad, the courts of England and Wales can still with financial claims arising from the marriage. This includes matters such as the division of property, maintenance and other financial remedies. Many couples do not realise this and as a result miss out on financial claims.
Should you choose a divorce in the UK?
Applying for a divorce in the UK may be more convenient if both parties already reside here, or if you want to access the financial remedies available under the laws of England and Wales.
If you are married abroad and are considering a divorce in the UK, our friendly team of Family Solicitors will be able to assist you navigate this process. If you would like advice on any of the issues raised in this article, please contact Irrum Shah, Associate Solicitor in our Family Law Department by calling 0333 240 7373, or email us at [email protected].
