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divorce

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muskaan1987
Junior Member
Posts: 74
Joined: Thu May 01, 2014 11:02 am

divorce

Post by muskaan1987 » Fri Jun 05, 2015 4:45 pm

hi there

recently my sister has been divorced islamicaly

she got married in 2000 nov pakistan in an islamic cermony

now she got divorced islamicaly (talaq x3)

my question is that is she legly married in the english law or not since she did not register it in the first place when he came over to uk


plus if she is not married in the uk law does that mean she can get married again without her ex intervining in it

also when she sponcored her ex did this automaticaly register her marriage


thanks

muskaan1987
Junior Member
Posts: 74
Joined: Thu May 01, 2014 11:02 am

Re: divorce

Post by muskaan1987 » Fri Jun 05, 2015 4:50 pm

also

he is saying he will never give her an english divorce


but my q is she even married in english divorce?

thanks

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: divorce

Post by Wanderer » Fri Jun 05, 2015 5:21 pm

Is anyone a British Citizen/has ILR?

Who is on what visa?
An chéad stad eile Stáisiún Uí Chonghaile....

muskaan1987
Junior Member
Posts: 74
Joined: Thu May 01, 2014 11:02 am

Re: divorce

Post by muskaan1987 » Fri Jun 05, 2015 5:32 pm

Wanderer wrote:Is anyone a British Citizen/has ILR?

Who is on what visa?

my sister is british ciitizen
and she also sponcer him

he came to uk in 2001

he is also a uk citizen now


my sister has the shiria law divorce certificate

muskaan1987
Junior Member
Posts: 74
Joined: Thu May 01, 2014 11:02 am

Re: divorce

Post by muskaan1987 » Fri Jun 05, 2015 5:46 pm

my sister has a divorce certificate

which says that shit is oficially divorced from this date (xxxxx)


so does this mean she is also divorced in uk law

will this certificate be recognised?

User avatar
Casa
Moderator
Posts: 25756
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: divorce

Post by Casa » Fri Jun 05, 2015 5:50 pm

The following is advice from the Sharia Council
Note: Almost for all overseas Islamic Marriage you either need a divorce from the country of marriage, or a civil Divorce (Decree Absolute) from an English Court in addition to an Islamic Divorce from your husband or Shari’ah Council.
Was the divorce certificate issued by a court?
i.e If you haven't obtained a divorce through the court in Pakistan, you will need to apply through a British court. You can't have it both ways...your marriage would have been considered legal for Immigration purposes (or your husband wouldn't have been granted his visa), It's irrelevant that you didn't register it in the UK. As the situation stands at present, neither of you will be able to sponsor a spouse from outside of the UK.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

muskaan1987
Junior Member
Posts: 74
Joined: Thu May 01, 2014 11:02 am

Re: divorce

Post by muskaan1987 » Fri Jun 05, 2015 5:53 pm

Casa wrote:The following is advice from the Sharia Council
Note: Almost for all overseas Islamic Marriage you either need a divorce from the country of marriage, or a civil Divorce (Decree Absolute) from an English Court in addition to an Islamic Divorce from your husband or Shari’ah Council.
Was the divorce certificate issued by a court?
i.e If you haven't obtained a divorce through the court in Pakistan, you will need to apply through a British court. You can't have it both ways...your marriage would have been considered legal for Immigration purposes (or your husband wouldn't have been granted his visa), It's irrelevant that you didn't register it in the UK. As the situation stands at present, neither of you will be able to sponsor a spouse from outside of the UK.

thanks very much

no its a divorce certificate done by the oficial shiria council in the uk which is signed by the muslim council

muskaan1987
Junior Member
Posts: 74
Joined: Thu May 01, 2014 11:02 am

Re: divorce

Post by muskaan1987 » Fri Jun 05, 2015 5:55 pm

it is a registered islamic council in the uk

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Casa
Moderator
Posts: 25756
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: divorce

Post by Casa » Fri Jun 05, 2015 8:45 pm

Sorry, I realise I should have addressed my comments to your sister. If she only has a Sharia certificate issued here and nothing from the court in Pakistan, then she isn't divorced under British law.
Note this section from my previous post:
or a civil Divorce (Decree Absolute) from an English Court in addition to an Islamic Divorce from your husband or Shari’ah Council.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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