A recent court case regarding an Islamic marriage and divorce was heard at the Family Court in Slough before HHJ Vincent in relation to a Khula (Islamic divorce obtained by a wife) obtained in Pakistan.
The issues before the Court were whether the wife should be permitted to bring a claim for financial remedies, and whether the husband’s application should be granted that invited the Court to refuse recognition of the Khula and to appoint an expert to advise on the prospects of the Khula being set aside in Pakistan. Both parties were of Pakistani heritage, but British citizens permanently domiciled in the UK.
The husband had sight of the provisional decree issued in Pakistan, but did not participate in the proceedings, and the wife subsequently applied for the final decree for divorce 3 months later. The husband waited a further 3 months before filing an application in Pakistan to have the final decree set aside.
Interestingly, the wife had previously started divorce proceedings in the UK but was unable to complete the application because the husband had destroyed the original and only copy of the marriage certificate. She started proceedings in Pakistan 5 months later.
HHJ Vincent carried out a careful exercise as to whether the overseas divorce should be recognized under S51 of the Family Law Act 1986 and concluded that it should, and the wife was given permission to bring a claim for a financial order pursuant to S13 of the Matrimonial and Family Proceedings Act 1984.
This case reminds us that it is essential to seek legal advice at an early stage to determine the best options for starting the divorce process and the possible implications. Thankfully, the judge in this case took a practical and sensible approach.
Contact our Divorce and Family Law Team in Reading & Henley-on-Thames
Our Divorce & Family Team can provide discreet and entirely confidential legal advice to the Asian Community, and we appreciate the need to take into account religious and cultural considerations.
We are:
- Experienced in Asian divorces/marriage breakdowns.
- Able to offer you a solicitor who is fluent in Urdu/Punjabi.
- Have links to the local mosques/imams and the Islamic Sharia Council.
- Can arrange for translations of Arabic documentation, including marriage certificates.
- Able to arrange for duplicate marriage certificates directly from Pakistan.
- Alert to the issues surrounding the Mehr.
- Understanding of the sensitive, confidential, and international elements and can guarantee absolute discretion.
- Able to advise about issues regarding children.
- Able to advise about forced marriages and nullity as well as divorce.
Ruby Tufail, in our Divorce & Family Law team, speaks fluent Urdu and Punjabi, and she can assist on matrimonial matters where you have had a Nikah and advise you of your options in the event of your marriage breaking down.
Ruby also has links with mosques as the Islamic Sharia Council. She can refer you to these organisations if you are seeking help or advice about Islamic divorce (Talaq, Khula, Faskh-e-Nikah or Tafweedh-e-Talaq / Talaq-e-Tafweez) or other issues arising from the breakdown of the marriage, such as the dowry Mehr.
Ruby Tufail
Divorce & Family Law Solicitor
Ruby Tufail deals with all aspects of family law and relationship breakdowns, including divorce, separation, finances, children, domestic violence, cohabitee issues, and complex international child matters.
Ruby qualified as a solicitor in 2003 and joined THP Solicitors in 2018. Having specialised in divorce and family law at law firms for over 20 years, Ruby has been recommended by The Legal 500. She is a member of Resolution and the Thames Valley Family Lawyers Society.
Fluent in Urdu and Punjabi, Ruby can provide discreet and confidential legal advice to the Asian Community on Islamic marriage (Nikah) and divorce (Talaq, Khula, Faskh-e-Nikah, or Tafweedh-e-Talaq/Talaq-e-Tafweez), taking into account religious and cultural considerations such as dowries (Mehr). Ruby is conscious that maintaining client confidentiality is a fundamental principle of the solicitor-client relationship and handles all matters with the utmost discretion.
Ruby’s complex international children abduction case Re R (a child) [2013] EWCA Civ 1115 was ‘reported’ – legal cases are sometimes published in law reports if they set a precedent or are considered significant in law.
Ruby graduated with a degree in Law & Human Resource Management in 1998 from Middlesex University and completed the Legal Practice Course.
For a confidential discussion about Islamic divorce, separation or any other aspect of Family Law, please contact Ruby Tufail in our Reading office on T: 0118 975 6622.