Recognition of divorce

hello,

Can anyone in the know clarify on the following:

A male British national married a Pakistani national bride who subsequently came to UK on spouse visa; after a couple of months the male divorced her verbally in-front of his and her family members and also handed over a filled and signed template divorce letter composed by one of the Muslim councils in UK for anyone to use for Muslim divorce purpose. (That divorce letter was not registered with that Muslim council as they dont insist on that specially when both parties agree). As per Islamic law they got divorced.

The lady returned to Pakistan with 3 months of going to UK and never went back, after 2 years of the divorce the woman now wants to remarry another British national. The question is how the ECO will consider the visa application of the girl in absence of a decree absolute from the UK courts for her first marriage which was never registered in UK.

https://www.gov.uk/government/publicati ... rces-set13 explain the rules but they do not address the situation explained above.

Thank you

Was the islamic divorce issued in the UK? If so, this would not be recognised in the UK as a legal divorce. They need to divorce through the courts and obtain a divorce decree.

Thank you for your response.

Yes it was in UK, now the woman is in Pakistan for the last over 2 years. The guy married again to a British national in UK after 3 months of divorcing her.

Most probably he didnt visit Pakistan after that.

The divorce is going to be registered in the relevant Union Council in Pakistan.

Thank you

He is domiciled in the UK, he should divorce in the UK. He is still married to the Pakistani wife in the eyes of HO as Islamic marriages and divorces conducted in the UK are not recognised.

Doesn't matter that the divorce is going to be registered in Pakistan, it occurred in the UK and is not recognised here. Your friend is technically married to two people now. UK doesn't allow this.

and so the lady in question is not free to re-marry either.

noajthan wrote:and so the lady in question is not free to re-marry either.

No she is not as well and wont be until a full UK divorce takes place and a Decree Absolute is obtained. Only after A DA is issued can a person legally remarry someone else.Any Islamic marriage or divorce is not acceptable in teh UK.

+1 @batleykhan. Always valid and respected advice regarding marriage & divorce in reference to British/Pakistani law. The OP arts99 (or 'friend') would be wise to heed this.