Nikkah Nama from Pakistan & British Divorce

[Advice_ Required]

Hi one of my friend recently asked me this question but I am not sure what the correct response would be .
The scenerio is

My friend got married to a British woman in Pakistan and a Nikah Nama was signed in a local mosque in Pakistan.
His Mrs signed the Nikah in her Pakistani Muslim Name which she picked ( But she never registered that Pakistani Muslim name in Britain and still goes by her Christian name) .

They both came back to UK but never registered their marriage in U.K . Now she is secretly having an affair with an older guy and is causing all sorts of troubles for my friend. She threatens him and lies to him .

She now wants a divorce and wants to take half of whatever my friend has .

1) I just wanted to know would she be able to get half of whatever he has ? their marriage is not registered in U.K and as said earlier the Nikah Nama she signed was in a different un registered name. She however does has the Nikkah Nama along with the pictures of the wedding and wedding invitation card of when they got married in Pakistan.

2)If the U.K law accepts the pakistani Nikkah nama then they should go by the terms stated on that Nikkah Nama about Mehr of what was decided on it or would they still give her half of everything he has ?

I personally think she can't take half of it... if she does then she has to prove a U.K marriage certificate and if court accepts the Pakistani Nikkah Nama then they should give her whatever is agreed on that Nikkah Nama...


Please would you all kindly help here ..

[CR001]

This is not a 'divorce' forum and as you are not asking about immigration, this is likely not the best place to get divorce advice for your 'friend'.

if she does then she has to prove a U.K marriage certificate and if court accepts the Pakistani Nikkah Nama then they should give her whatever is agreed on that Nikkah Nama...

You don't need a UK marriage certificate to divorce in the UK, so do not assume that by divorcing in the UK under British family law, that Pakistan laws or traditions apply.

[secret.simon]

This is not a 'divorce' forum and as you are not asking about immigration, this is likely not the best place to get divorce advice for your 'friend'.

I second that. The focus of most participants on these forums is on immigration and while we may advise from time to time on the impact of divorce on UK immigration, we won't be able to advise on other aspects of divorce (or indeed other matrimonial proceedings).

Is your Pakistani friend resident in the UK? If so, how long has he been resident in the UK?

In UK law, divorce is governed not by the place where the marriage occurred, but by the fuzzier concept of "domicile" under UK law. Domicile has elements of both actual residence and intended residence. In this case, if the Pakistani husband moved to the UK, it can be argued that he has moved his domicile of choice to the UK.

In any case, the relevant UK (either English/Welsh, Scottish or Northern Irish) court can also hear the case (i.e. has jurisdiction to grant divorce) as the applicant (the British wife) has resided in the UK for six months and is a citizen of the UK. See Article 3, Section 1(a) of EU Council Regulation (EC) No 2201/2003.

The amount of "mehr" in an Islamic marriage could be considered analagous to a pre-nup arrangement in the Western world, where a wife is given a certain amount of money or property as her personal property in case of a termination of the marriage. In UK law, pre-nups are not considered binding. UK divorce courts have the power to redistribute a family’s assets as they see fit so as to bring about equality between the couple. Therefore the UK courts are unlikely to be constrained by the terms of the Pakistani marriage contract.

I look forward to Casa's comments on this case as she has better knowledge than me of matrimonial proceedings, particularly in Islamic countries.

[Advice_ Required]

Hi,

Thank you so much for your responses .. I do apologise for putting this matter in this forum as I have found people being really helpful here .


Just to be clear my Friend is a U.K Citizen and he got his citizenship on his own accord and not through the marriage .

Why would U.K law consider a Pakistani NikKah Nama ? and even that Nikkah Nama has her non registered Pakistani name .. yes she can register her name now if she wants however Nikkah Nama would still be dated when it was originally signed .

Please help

[Casa]

I have a better knowledge of the Moroccan Moudawana (family law), however my understanding is that when divorcing in the UK, financial agreements under Sharia law won't be recognised and any settlement will be under UK legislation.

You haven't confirmed whether the marriage was registered with the local council in Pakistan and presided over by a registered Nikah Khavan.

I agree that this isn't the forum for divorce advice, which in this case doesn't appear to involve any aspect of immigration issues.

[Advice_ Required]

The OP hasn't confirmed whether the marriage was registered with the local council in Pakistan and presided over by a registered Nikah Khavan.

It was not registered in the local council of Pakistan ...
In order for it to be decided by U.K law doesnt the marriage has to be registered in U.K ?

[Casa]

Without registration with the local council in Pakistan, the marriage won't be recognised under British law.

Under the Muslim Family Laws Ordinance 1961 the Nikah Nama must be registered with a local Union Council where the original copy of Nikah Nama will then be kept on record. Without this registration, I doubt that the marriage will be legally recognised in Pakistan or most certainly in the UK.

Apart from suggesting your friend seeks legal advice, that's all I have to add.

[secret.simon]

In order for it to be decided by U.K law doesnt the marriage has to be registered in U.K ?

No. A marriage that took place overseas but that is legally recognised by the UK can be adjudicated on by UK courts if the parties are (or even one party is) domiciled in the UK.

As we cannot advise further on divorce law, perhaps the moderators would consider locking this thread.

[Advice_ Required]

Without registration with the local council in Pakistan, the marriage won't be recognised under British law.

Under the Muslim Family Laws Ordinance 1961 the Nikah Nama must be registered with a local Union Council where the original copy of Nikah Nama will then be kept on record. Without this registration, I doubt that the marriage will be legally recognised in Pakistan or most certainly in the UK.

Apart from suggesting your friend seeks legal advice, that's all I have to add.

I have asked my friend again and he informed me that the Nikah Nama has been stamped by
THE SEAL OF NIKAH REGISTRAR
ROTARY PUBLIC IN PAKISTAN
AND WAS REGISTERED IN PAKISTAN UNDER THE MUSLIM FAMILY ORDINANCE OF 1961 ( ALSO IN THIS DOCUMENT IT HAS HIS MRS MUSLIM NAME AS WELL AS ENGLISH NAME ALONG WITH HER DATE OF BIRTH )

HOWEVER THIS WAS NEVER REGISTERED IN U.K

Any advice please ?

[secret.simon]

I have asked my friend again and he informed me that the Nikah Nama has been stamped by
THE SEAL OF NIKAH REGISTRAR
ROTARY PUBLIC IN PAKISTAN
AND WAS REGISTERED IN PAKISTAN UNDER THE MUSLIM FAMILY ORDINANCE OF 1961 ( ALSO IN THIS DOCUMENT IT HAS HIS MRS MUSLIM NAME AS WELL AS ENGLISH NAME ALONG WITH HER DATE OF BIRTH )

Sounds like a legal marriage that would be recognised by the UK and its courts, provided that your friend was not married to somebody else at the same time.

HOWEVER THIS WAS NEVER REGISTERED IN U.K

IRRELEVANT. There is a legal marriage between two British citizens domiciled in the UK and therefore the UK courts have jurisdiction to dissolve it according to UK law.

[Casa]

secret.simon is correct.

As suggested, this topic will now be locked. This thread also demonstrates why it's never wise for a member to post on behalf of a friend as it takes time to verify the true facts.