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 as to 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.
What is Talaq?
Talaq is the term used to mean divorce in accordance with Islamic rules. Under traditional Islamic Law a bare Talaq divorce takes place when the husband pronounces three times “I divorce you”. Such a pronouncement has the effect of dissolving the marriage instantly. However, this is not enough to satisfy the UK courts, which will be concerned to know whether the Talaq divorce is considered legally binding in the country in which it was pronounced.
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?
A Talaq divorce which is recognised in law in Pakistan and Bangladesh will be recognised in the UK provided formal requirements as set by the Muslim Family Law Ordinance 1961( MFLO) are met, including:
- A husband must give notice in writing of the pronouncement of a Talaq divorce to the Chairman of the Union Council of the Ward in which the couple live.
- He must give a copy of this notice to his wife.
- There are provisions for attempts at reconciliation during this 90 day period also known as “iddat”. During this period the marriage is in a state of suspension and the Talaq divorce can be revoked.
- At the end of the 90 days (or at the end of the wifes pregnancy if she is pregnant at this time) the divorce will take effect, unless revoked.
If a full Talaq divorce takes place in Bangladesh or Pakistan it will be recognised in the UK only if the above procedures are complied with and
- the husband or the wife is a Bangladeshi or Pakistani citizen;
or
- he or she is habitually resident in Bangladesh or Pakistan;
or
- he or she is domiciled in Bangladesh or Pakistan.
What if I pronounce the Talaq in the UK only?
If a husband pronounces Talaq divorce in the UK alone, it will not be recognised by the UK courts. Similarly, if a husband pronounces the Talaq divorce in the UK and then notifies his wife and the Union Council Chairman in Pakistan and Bangladesh, it will still not be recognised, because the courts have held that an overseas divorce is capable of recognition in the UK only if the divorce has been instituted and obtained in the same country outside the UK. In other words a Talaq Divorce will only be recognised if it was pronounced and obtained in a country that formally recognised Talaq divorce under it’s own laws..
Can I still claim financial relief in the UK even if I have had my Talaq Divorce abroad?
This is possible, and it is often the case that both parties to the divorce have a valid financial claim, which can be made following the usual process.
Need further advice?
Call Woolley & Co on 0800 3213832 or book a free initial telephone appointment with one of our qualified divorce lawyers.
Article written by Woolley & Co family solicitor Shahzea Tahir. Visit Shahzea's profile here.
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