Urgent Advice required regarding UK Nikah and Talaq

[hankpeters]

Hi I hope someone can help.

I was married by Nikah religious marriage only, we did not have the marriage registered. I understand the marriage is not recognised by UK law. We were in effect cohabitees during our marriage in the eyes of the law. We divorced according to our religious beliefs after two years.

I am now planning to marry my future spouse in India. Will this cause a problem when mentioning that I was married before according to my religion since there is no way I can prove my religious divorce. We have sharia courts that provide a certificate but I am not sure if they are considered or have any bearing on visa applications.

We also have a child that I have no contact with due to personal circumstances. Will this have any bearing on the visa application?

Any advice will be much appreciated.

[aliq09]

Hi I hope someone can help.

I was married by Nikah religious marriage only, we did not have the marriage registered. I understand the marriage is not recognised by UK law. We were in effect cohabitees during our marriage in the eyes of the law. We divorced according to our religious beliefs after two years.

I am now planning to marry my future spouse in India. Will this cause a problem when mentioning that I was married before according to my religion since there is no way I can prove my religious divorce. We have sharia courts that provide a certificate but I am not sure if they are considered or have any bearing on visa applications.

We also have a child that I have no contact with due to personal circumstances. Will this have any bearing on the visa application?

Any advice will be much appreciated.

Hi ,

First of all you have to register your marriage with UK authority and secondly you have to hire a lawyer for all documentation for divorce . well! you haven't done both so i am not sure what will be your case ... Please can you share with us your visa status here in UK .....

[hankpeters]

i am a uk citizen. born and bred in the uk.
i couldnt get a lawyer to complete the divorce papers because there was no marriage according to the law of the country. just a nikkah and then talaq.

[IndyRhodes]

I am no expert...but....

I think that whoever issued your talaq should have given you a certificate - in the UK presumably this is the Shariah court that dealt with the matter. I am sure that you need this to prove that you are divorced and thus free to remarry. Otherwise UKBA will claim that you are not divorced...

As you say, I don't think that a UK nikkah or talaq have any status in UK law, but any nikkah or talaq undertaken overseas is recognised if the country in question recognises it legally (I believe it is section 46 of the Family Law Act 1986). UKBA certainly does recognise overseas nikkah and talaq documents.

This is my understanding of the situation anyway...I am sure a more qualified legal forum member will be able to give you more definitive advice!