Islamic faith marriages are not valid under English law, the Court of Appeal has ruled and as a result thousands of Muslim women will have no rights when it comes to divorce.
The appeal court recently ruled that an Islamic marriage known as a nikah are legally “non-marriages,” which means that spouses have no redress to the courts for a division of matrimonial assets, such as the matrimonial home and the spouse’s pension if the marriage breaks down.
The appeal court ruled that a nikah marriage is a void marriage as it is entered into without certain requirements as to the formation of marriage.
Many couples who have “married” through a nikah ceremony believe that they are lawfully married. However, their marriages are only lawful if they have undergone an additional separate civil ceremony.
The Family & Divorce team here at Bromleys Solicitors LLP advises that “The women who have only undergone a nikah ceremony will have no rights to assets in the husband’s sole name, including his pension and no right to spousal maintenance.”
They also recommend that Muslim couples undergo a separate civil ceremony usually through a local Registry Office, as well as the nikah religious ceremony, to give Muslim women protection and redress for full financial claims in the event of the marriage breaking down under the English law.
How we can help?
If you wish to discuss any of the areas mentioned in this article, please contact a member of the Family & Divorce team at Bromleys on 0161 884 0902 for your free initial telephone discussion. If you prefer, you can fill in our online form or alternatively, email us at Bromleys@bromleys.co.uk and we’ll call you back.