Islamic Divorce Specialists

Get advice on your rights today. Start your application by phone or at our office. We handle all of the paperwork and liaise with our trusted Islamic scholar.

Do you know whether your nikah is legally recognised in the UK? The answer could impact your right to remarry or get financial protection. As one of the UK’s leading divorce firms for British Asians, speak to our team for advice today.

How Can I Get An Islamic Divorce?

 

In Islam, men and women can ask for a divorce. Men can start a divorce through talaq. They do not need their wife’s permission (unilateral divorce). The third pronouncement of talaq is final and not cannot be taken back. Women can also start a divorce through different procedures.  More frequently, the process usually involves a Khula application to a Sharia Council.

 

How Do I Apply For Khula?

 

You do not need your husband’s permission to apply for a Khula.

  • You can file the application yourself or instruct a law firm to help you.
  • Complete a statement of fact – outlining the reasons for your decision.

We support clients to file for their Khula application and gain a fair and equitable settlement. Getting your application right the first time saves you time and money in the long run. Separately, our team can also guide you on next steps, options and costs in relation to any children or financial matters – this work is not included in the fixed fee.

If you’d like to find out your options, please book our free 15 minute consultation on 01274 72737. We help people anywhere in England & Wales.

Khula Divorce Application

We support you through the process and provide you legal advice on your options.

  • solicitor consultation
  • we work with you to draft the statement of fact, complete the application and liaise with the Shariah Council, vetted by our firm
  • confidential advice with support available anywhere in England & Wales; our team speak English, Urdu, Punjabi or French

Cost: Khula Divorce Package is £600 (+ VAT); there is also a £250 application fee payable to the Shariah Council.

Book your free 15 minute consultation on 01274 727373 to find out your options.

Explore Our Free Guides

Case Story

A client’s marriage ended after 15 years. Unfortunately, the wife was left with no automatic right over her husband’s assets because they failed to register their marriage after performing the Nikah in the UK. The wife can lose everything – we see this a lot.  If you or someone you know has conducted their Nikah in the UK, we recommend they register their marriage. Without a legally valid marriage, if the marriage fails or their partner dies, their legal rights are extremely limited. It can also affect your right to inheritance.

Case Story

On a number of occasions, our clients have obtained an Islamic divorce for a marriage which took place abroad e.g. in Pakistan. They later decide to remarry.  As the marriage took place overseas, the Islamic divorce does not terminate the marriage. They also require a civil divorce. If you want to remarry, check whether you will need a civil divorce. Failure to obtain one can result in criminal prosecution under English law.

Is Your Nikah Legally Recognised?

A  survey for Channel 4 found that 60% of women in the UK who have had a nikah are not in legally recognised marriages. The number one question we get asked, is whether a nikah is legally recognised in the UK. Here’s 5 things you need to know.

1. If your nikah is held in England & Wales. 

If your Nikah is held in a registered building in England & Wales, you marriage is legally recognised under English law. You will have legal protection if your marriage ends or your partner passes away. Always check that your venue is registered. If it isn’t, you will need to register your marriage through a separate civil ceremony.

2. If your nikah is held overseas?

If your marriage took place overseas, the question is whether your Nikah is recognised as a valid marriage in that country? If it is, then it also a valid marriage under English law. Always check that your nikah ceremony is recognised as a valid marriage in the country where you’re getting married.

3. Why it matters. If your nikah is not legally recognised under English law, you will be considered a “cohabiting couple”. If your relationship ends or your partner dies, you will not have an automatic right to any financial assets. Your may be limited to a civil  claim, a longer and more costly option. 

4. Your right to divorce. You cannot file for a divorce in an English court if your nikah is not legally recognised. That’s because the law views your marriage as a ‘non-marriage.’

5. Your Nikah Nama. Remember, you can specify your right to an Islamic divorce in your Nikah Nama (the marriage contract).

If you want to know your options, please contact our team in confidence to book your free 15 minute consultation. Or tap our on screen WhatsApp button. We speak English, Urdu, Punjabi and French.

Visit our Divorce Hub or MyNikah pages to explore our free guides and commonly asked questions.

Download the free Nikah Nama Guide by SKB Law, an English translation of the most commonly used clauses. 

Join thousands of people who read our Is My Nikah Legally Recognised article. 

Commonly Asked Questions

Q: What is a Nikah?

A: The Nikah is a religious ceremony for a Muslim couple to be legally wed under Islamic law.

Q: What is a Nikah?

A: The Nikah is a religious ceremony for a Muslim couple to be legally wed under Islamic law.

Q: My Nikah took place abroad. Can I file for a divorce in England & Wales?

A: It will depend. In order to file for divorce in England & Wales your marriage must be legally recognised. 

Q: Why does it matter if we're not legally married under English law?

A: It  can leave you in a vulnerable position if your relationship breaks down or if your spouse dies.  The court will treat you as cohabitants. Some of the possible issues:

  • you will have no right to an English divorce;
  • you will have no automatic claim over your spouse’s assets e.g. any property, pensions or money. You will need to show that you have made financial contributions towards the assets that you are claiming;
  • As a cohabitant, if your spouse dies without leaving you a part of their Estate in their Will, you will be entitled to nothing under the intestacy rules; you may have to make a separate claim as a dependent. 
Q: We held our nikah in a wedding hall in England. Is it legally recognised?

A: If a Nikah takes place in England or Wales without a civil ceremony then the marriage will be recognised under Islam, but it will not be legally recognised in England and Wales. It is your responsibility to check if your marriage is legally recognised in England & Wales. You can speak to our team for free – call or WhatsApp our team to book your free 15 minute advice call.

Q: What is a civil ceremony?

A: A civil ceremony is a marriage without any religious context, performed by a registrar. The ceremony is legally binding. You can have a civil ceremony at a registry office or any venue approved by the local council, for example a stately home or hotel. Find out more here

Further Reading

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