A legal civil marriage is a different process to a religious marriage, even though the ceremonies may be conducted at the same time. When you and your partner decide to separate, it is important to seek a civil divorce as well as a religious one. Otherwise, you may remain religiously married to your partner but not legally, or vice versa.
Islamic marriages in England and Wales
In order to understand an Islamic divorce, it is important to understand an Islamic marriage. Parties to an Islamic marriage will both contract their rights and responsibilities in a religious contract called a nikah. It doesn't have to be written down, but it does need to be witnessed by two people. The nikah will include details of how the couple will live their lives together and even what should happen upon separation.
In some respects, it's similar to a prenuptial agreement but will often go into more of the everyday details of the parties’ lives. For example, it may set out where the parties will live, what they will be responsible for in the marriage and anything they may give up in order to be in the relationship. The nikah will also contain details of the dowry paid from the husband to the wife. The nikah may contain provision for the wife to be able to initiate the divorce process herself.
Under the law of England and Wales, the nikah is not considered a valid marriage contract and the parties will be considered as cohabitees. To be legally recognised as married, the parties must also get civilly married.
