Sharia Divorce Proceedings in the UK

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Getting divorced can be an emotionally exhausting experience, and everyone involved often wants the process to go as smoothly as possible. If you need further assistance with an Islamic divorce in the UK, then having specialists in Sharia divorce can be an invaluable help during a difficult time for you and your family.

Getting married under Islamic Law in the UK

The existence of two separate legal marriage contracts for Islamic Law and UK law mean that a Muslim couple living in the UK may face unexpected complications when they are divorcing.

On one hand, if a couple have only undergone the religious ceremony of Nikah in England and Wales, then it will have no standing under UK law and therefore they will only have to go through an Islamic divorce and not a civil divorce.

If you have additionally undergone a marriage at a registry office, then you will have attained the legal status of a civil marriage in the eyes of UK law. This will therefore mean that you will need to apply for both an Islamic divorce and also a civil divorce.

If your marriage was conducted outside of the UK and in a country with Muslim family law legislation, then a different legal status will apply. Marriages that have been conducted in countries with Muslim family law legislation are legally recognised in the UK, so long as the ceremony was conducted in accordance with those laws. This will therefore mean that you would also need to apply for both a sharia divorce and a UK divorce.

Considerations when getting divorced

There are a number of different things that you may have to consider when you are getting divorced UK. These can include property disputes, complications relating to domestic abuse, visa issues after divorce, wills, trusts and probate, financial settlements, and disputes regarding child arrangements. To avoid some of the issues that may arise when getting a divorce, it can be helpful to attain a pre or post nuptial agreement. Seeking the best possible legal advice for this is a very good idea.

What is a child arrangement order?

If you have been married for a significant amount of time, there may be more complicated considerations involved. One of these may be the wellbeing of the children that you have together. You may need help with a number of different situations involving a child arrangement order, such as:

  • Residence Orders

These are legally binding orders that exist between you and your ex to help you finalise the agreements on where your children will be living.

  • Contact Orders

These are legally binding orders which will set out how much contact you and your ex will have with your children.

  • Prohibited steps orders

These are legally binding orders that will prevent either of you from taking particular action with your children, such as taking them abroad.

  • Specific issue orders

Specific issue order will help you to resolve a specific dispute, such as which school your children should attend.

  • Parental responsibility agreements

These agreements will protect your legal rights to be involved in important decisions about your children’s health education and welfare.

  • Agreements on change of name

Agreements you can set out with your ex-partner when either of you want to change your child’s name.

  • Agreements on international or national relocation

Agreements that help you settle disputes about moving children abroad or to another area of the country with the other parent.

All divorces are personally difficult, but the added complications of Sharia divorce can mean that the expert legal help of a professional can be important to seek.