Religious Divorce

Is a religious divorce legally recognised in England and Wales?

No. A divorce granted by a religious body, such as an Islamic talaq or a Jewish get, does not end a marriage under the law of England and Wales. If you married in a legally recognised ceremony, only a divorce granted by the court can legally end it. Until the court makes a final order, you remain legally married, and you cannot lawfully remarry.

What if our marriage was religious only and never legally registered?

If your religious ceremony did not meet the legal requirements for a marriage in England and Wales, and was not followed by a civil ceremony, the law may not treat you as married at all. In Akhter v Khan [2020] EWCA Civ 122, the Court of Appeal held that a nikah carried out in a London restaurant was a "non-qualifying ceremony". That meant it created no marriage, not even a void one, so the wife could not apply for a divorce or a financial settlement as a spouse.

That does not leave you without options. You may still have claims relating to property you live in or helped pay for, and you can make financial claims for any children. A ceremony that took place abroad may also be legally valid if it was valid in the country where it happened. Every case turns on its facts, so take advice early.

How does an Islamic divorce work in the UK?

In Islamic practice, a marriage is usually ended in one of three ways. A husband can pronounce a talaq. A wife can seek a khula, which generally requires her husband's agreement and often involves returning the mahr (dowry). A religious authority can also grant a faskh, an annulment, where the husband will not cooperate. Practices vary between schools of thought and communities, so the details should be confirmed with a religious scholar or council you trust.

In the UK, none of these has legal effect on its own. If your nikah was also a legally recognised marriage, you will need a civil divorce through the court to end it in law and to resolve the finances. If it was not, a religious divorce may be the only divorce available to you, but it will not give you the right to a financial settlement as a spouse.

What if my spouse refuses to give or accept a religious divorce?

The civil court cannot order anyone to grant a religious divorce. However, if your faith needs both spouses to take part in a religious divorce, the court may be able to help. Under section 10A of the Matrimonial Causes Act 1973, either spouse can ask the court to hold back the final order until both have declared that the steps needed for the religious divorce have been taken. The court will only do this if it considers it just and reasonable, and it can lift the order at any time.

The law names marriages carried out under Jewish usages, where a get needs both spouses to take part. Other religions can be added by the Lord Chancellor, but in practice the power has been used mainly in Jewish divorces. Delaying the final order can give a reluctant spouse a strong reason to cooperate, because they cannot remarry until the civil divorce is complete.

What role do Sharia councils and the Beth Din play?

They deal with the religious side of a divorce only. A Sharia council can issue an Islamic divorce, and a Beth Din (a rabbinical court) oversees the process for a Jewish get. Neither can make legally binding decisions about ending a marriage in law, dividing money and property, or arrangements for children.

A 2018 independent review commissioned by the Home Office found that the people using Sharia councils were almost all women, most seeking a religious divorce. It warned that any arbitration applying Sharia law to finances or children would breach UK law. If an agreement about money or children is reached through a religious body, it should be reviewed by a solicitor and, for finances, turned into a court-approved consent order.