Windsor Solicitor - Religous Divorce, Prenuptuals, Wills, Divorce, Inheritance, Family Law, Pensions, Employment Law, Estate Planning and Civil Litigation

Religious Divorce

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Recognition of Religious Marriages

Unless they comply with the English rules religious marriages may not be recognised by the English & Welsh Courts. Therefore a religiously married couple may be considered as co-habiting by the English system and would not acquire the same rights as a legally recognised married couple.

With a multicultural Briton there are many religious marriage ceremonies taking place in England and Wales and there are many couples living here having entered into a religious marriage outside abroad.

However, some marriages are officially recognised in the UK, for example, where both a religious marriage and a civil marriage is conducted.

A marriage which has been conducted overseas will also be recognised in the UK, provided it is recognised in accordance with the state laws of that country. However, difficulties arise where there is no marriage certificate available. In these circumstances other evidence of the marriage such as photos, videos or witnesses must be produced.

Religious divorces

When filing for a divorce however, it would be necessary to dissolve both the religious marriage and dissolve the civil marriage.

For example:

With a Muslim marriage it would be appropriate for there to be a ‘talaq’ where the husband has the right to terminate the marriage without having a court ruling. In England, a ‘talaq’ is not valid and so a formal English divorce procedure must also be followed to obtain the relevant financial claims.
A Get is a Jewish Divorce document, which is required by Jewish couples who wish to obtain a divorce. Even if a civil divorce is granted by the English Court, many problems may occur if a Get is not obtained and so it is essential to have both the religious Get and a formal English divorce.

Divorces in English Courts

The Court will have jurisdiction to deal with dissolving a marriage if the Petitioner is domiciled in England and Wales on the date the proceedings have begun or was habitually resident in England and Wales for a period of one year ending with that date.

Where a foreign or religious marriage is recognised by the English Courts, it is possible to file a divorce in compliance with the English laws.

Judges often take into account the cultural context when making their decision. For example a dowry given by the man to the woman he is about to marry as part of the Muslim marriage contract has been treated by the courts as a matter of contract and the wife’s claims for a lump sum of this amount has been successful in some cases.

We have a great deal of experience in dealing with foreign and religious divorces. To obtain assistance contact us on 01753 272 070.

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