Islamic Divorce Lawyers

A Sharia divorce alone is not recognized as legally binding in the UK. To fully end a marriage under UK law, couples must also obtain a civil divorce through the family court. However, Sharia divorces can be helpful in addressing religious obligations, and a civil divorce can proceed alongside or after a Sharia divorce.

To pursue an Islamic divorce, you may apply to a Sharia Council to begin the Talaq (husband-led) or Khula (wife-led) process. The Sharia Council will provide religious recognition of your divorce. However, this is not legally binding in UK courts. If your marriage is registered and recognised in the UK, for a full legal separation, a civil divorce is also required.

Yes, if your Islamic marriage is registered under UK law, a civil divorce is required to dissolve the marriage legally. A Sharia divorce is only recognized for religious purposes and does not carry legal weight in the UK. Without a civil divorce, you may remain legally married under UK law, which could impact legal matters like property, inheritance, and financial support.

In Islamic divorces, asset division can follow principles of fairness as per Sharia, but this approach may differ from UK civil law, which often emphasises equitable division. If a couple’s financial arrangements need to be formally settled in the UK, the family court considers factors such as financial need, contribution, and fairness, so it is essential to work with a solicitor who understands both systems.

If your marriage is not recognized in the UK, and you are only married Islamically and living together, you will be treated as an unmarried couple in the UK. Therefore a cohabitation agreement is a way to help protect both parties’ financial interests. It will outline financial contributions, ownership of property, and financial responsibilities.

Islamic teachings permit ex-spouses to live in the same house post-divorce during the “iddah” (waiting) period, typically three months, to confirm the divorce is final. However, after the iddah, cohabitation rules differ based on the individuals’ circumstances and religious guidelines.

The cost of an Islamic divorce varies widely depending on the services required, including whether a Sharia Council is involved. If the Sharia Council is involved, they will have their own application fee. Our fees will depend on how involved we are in the Islamic divorce process and the complexity of financial or custody arrangements. Legal fees for a civil divorce and financial settlements may also apply, making it beneficial to consult a solicitor for an accurate cost assessment.

Marriages that are unregistered under UK law, which are often referred to as “non-marriages,” are unions that are not legally recognised in the UK due to the absence of civil registration. These marriages will not provide the legal rights and protections of a registered marriage. In the event of separation or the death of a partner, individuals in unregistered marriages may face difficulty claiming financial support, inheritance, or property division.

Void marriages are unions that do not meet UK legal requirements, rendering them invalid. As these marriages are considered legally null, no formal divorce process is necessary, though a legal declaration of nullity will clarify the status.