Islamic marriages present a complex challenge in this jurisdiction; their validity, the legal consequences on separation and the alternative relief available to individuals remain ongoing issues.

There is often confusion around whether a Nikah is legally recognised as a valid marriage – a Nikah performed solely as a religious observance without civil registration is not considered a valid marriage in this jurisdiction. An Independent Review into the application of Sharia Law in England and Wales found that a significant number of Muslim couples do not have an additional civil ceremony, alongside their Nikah. On separation, this often leaves individuals in vulnerable positions where they are not afforded the same rights and protections available to married couples that are separating, in particular provision under the Matrimonial Causes Act 1973. The impact of such is wider than just financial security – it also affects inheritance rights and acquisition of parental responsibility.

Under English law, for a marriage to be considered valid it must comply with the requirements set out in the Marriage Act 1949. A marriage must take place in a civil registry office or approved venue in the presence of a registrar, or in a registered place of worship where civil ceremonies are also permitted (such as a mosque that is licensed for marriages). The difficulty is that many mosques in the UK are not registered to perform legally binding marriages which would enable couples to achieve both religious and civil recognition through a single ceremony. However, more recently, some mosques are requiring couples to demonstrate that they have, at the very least, organised a date for their civil ceremony to take place before they will carry out a Nikah ceremony.

Nikah’s taking place in third party jurisdictions  

Marriages taking place overseas are recognised in the UK in specified circumstances, and therefore, a Nikah which takes place abroad, if considered a valid marriage in the third-party jurisdiction, may well be considered a valid marriage in the UK.

What is available to me if my Nikah is not considered a legal marriage?

The law regards parties to a marriage which is not legally recognised as cohabitants.  Many individuals who have therefore contributed – both emotionally and financially – to what they believed to be a legally recognised marriage but have only carried out their Nikah ceremony, find themselves without any recourse upon separation. Assets are considered to belong to the individual alone who holds the legal title in the first instance.

On separation, one party cannot make a claim financial support, property division or spousal maintenance as they would in a legally recognised marriage. Often, this impacts women to a greater scale as they have assumed traditional roles such as homemakers, whilst their partner has been able to build a career.

In some circumstances, there may be relief available under the Trusts of Land and Appointment of Trustees Act 1996. Typically, this involves the court declaring that there is a constructive trust or a resulting trust from the contributions made over a course of time or the parties’ intentions.

How do I avoid finding myself in this position?

It’s simple – whilst no one enters into a Nikah thinking they will later divorce, in order to protect yourself, you should register your Nikah. This can be done by ensuring a civil ceremony takes place alongside the Nikah ceremony (or thereafter). If your Nikah has already taken place, consideration should be given to taking advice regarding property, financial and inheritance rights.

Alternatively, if you do not wish to legally register your Nikah, consideration should be given to entering into a Cohabitation Agreement which outlines the financial responsibilities and aims to protect both parties in the event of separation.

If you require legal advice in relation to the status of your Nikah or require advice on the available recourse to you on separation, please do not hesitate to get in touch with one of our specialist lawyers who can assist.

Legal Advice

It is essential for parties to consult with experienced family law solicitors who can provide guidance on how to navigate the complex legal complexities of a divorce and financial settlement, ensuring that their rights and interests are protected throughout the process.

At Rayden Solicitors, we can provide tailored legal advice, support the collection of relevant evidence, and advocate for our client’s position during court proceedings.

If you require legal advice in relation to divorce proceedings, please do not hesitate to get in touch with one of our specialist solicitors.