Muslim divorce
What is meant by a ‘Muslim divorce’?
Muslim divorce, also known as Talaq, occurs when the husband pronounces ‘I divorce you’ three times to his wife.
Usually, there are also notification requirements. The council of the ward where the couple live must be notified in writing of the divorce by the husband. The husband must then notify the wife in writing and following a period of ninety days, the couple will be divorced.
Both a woman and a man can initiate Muslim divorce although a woman requires the agreement of the husband. If the husband does not agree then the woman must take her case for divorce to the Islamic courts.
Is a Muslim divorce recognised in the UK?
A talaq divorce is not a valid method of divorce in the UK.
However, a Muslim divorce will be recognised in the UK if it is recognised in the country where it was performed. But, if it is to be legally recognised in the UK, the divorce must have been properly carried out validly under those laws. In addition to this, both the husband and wife must have been citizens of the country, habitually resident there or domiciled there, rather than ‘divorce tourists’.
Do you need a solicitor?
Yes, you should use a solicitor who is experienced in both UK family law and Islamic family law.
It can be difficult to find an Islamic law solicitor near you. Contact Law can put you in touch with a solicitor today.
Where are talaq divorces recognised?
Bangladesh and Pakistan both recognise Talaq as a legal form of divorce.
What about children and finances?
Following the divorce, custody of the children is usually given to the mother of the children. The father of the children remains responsible for the financial upkeep of the children and must ensure they are properly educated. The father will also remain responsible for the choice of spouse for the children.
If you would like to obtain legal advice on Muslim divorce, Contact Law can put you in touch with a local specialist Islamic Law / Muslim Divorce solicitor free of charge. So, if you have any questions or would like our help in finding local Islamic Law / Muslim Divorce solicitors please call us on 0800 1777 162 or complete the web-form above.
- Last Updated on 20/10/2011
