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Islamic Divorce

An Islamic divorce is known as a “Talaq”.

A simple Islamic marriage whereby a party enters into a “Nikah” in the United Kingdom is not a valid legal marriage under the laws of England and Wales. In such circumstances, in order to make the marriage valid, it must be registered with a Registry Office.

If a party enters into an Islamic marriage in a country where an Islamic marriage is a legally valid, i.e., Pakistan or Saudi Arabia, then they do not need to register the marriage in England with the Civil Registry as it will already be recognised as valid.

A Talaq is where the husband in an Islamic marriage seeks to divorce his wife and this is a relatively straightforward process. If a man in England performs a Talaq in England, this brings the marriage to an end only under Islamic law. The marriage still subsists under English law and he must still petition for a divorce under English legal principles.

Where a husband pronounces Talaq he must also make payment on the “Haq Mehr”, which is a sum of money he has agreed to give to his wife in the event of divorce. The Haq Mehr may be taken into account for ancillary relief (i.e. financial) proceedings. However, the payment of a Haq Mehr does not mean that ancillary relief proceedings in English courts cannot go ahead.

A Muslim woman may also apply for an Islamic divorce by way of “Khalah”. The provisions regarding its eligibility under English law are the same as for a Talaq.

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What our clients are saying:

‘AK’, Berkshire

I would like to say a very big thank you for all your professional advice and support throughout my recent divorce. It is certainly a process I hope never to have to repeat again, but notwithstanding that, I could not have wanted for a better team in Brookman’s behind me. My ex-wife and I are on very good terms which is particularly important for our three children, and this to a large degree was due to your empathetic style and calm measured advice.


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Brookman Solicitors

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Nik Carter 10/05/2020

I recently had a free initial consultation with Henry Brookman via video conference. He was considered and meticulous in his approach and gave me well thought through advice. He followed this up with a letter in writing summarising the advice he gave me. I would thoroughly recommend his services to anyone looking for legal representation in a divorce.

Sarah Jones 02/05/2020

Henry was extremely helpful and pleasant to speak with. He provided comprehensive advice in a matter of hours and responded promptly to any queries I had. I would highly recommend speaking with him.

Shazan Awam 19/04/2020

Very helpful and thorough advice. Highly Recommend!

Pierre Sauvage 15/04/2020

I met with Henry Brookman for an initial consultation in order to consider if a prenup agreement was the best course of action for my marriage. He spent the time to answer all my questions and encouraged me to do the right thing. I recommend dealing wit Henry Brookman and it was a pleasant experience.

Jamie Warnes 16/03/2020

Excellent service. I had a consultation directly with Mr Brookman and his advice and guidance was very clear and helpful. Would highly recommend.