In the case of Akhter v Khan [2018] the High Court had to consider the status of an Islamic marriage within English law.
The judge decided that the marriage was “entered into in disregard of certain requirements as to the formation of marriage” and was therefore VOID under Section 11 of the Matrimonial Causes Act 1973. In this situation there was an absence of a ‘civil ceremony’. As this is one of the fundamental requirements at the time of marriage, in the absence of this there is no valid marriage and therefore no divorce is required. A decree of nullity was therefore pronounced which meant that the marriage was never valid. Whilst there is no need for a formal decree to annul a marriage which never existed, a party to such a marriage may want to obtain a decree from the court, so they can make a financial claim as if they had been married.
This generated a great deal of confusion with some newspaper headlines stating that it is an example of UK courts recognising Sharia law. Early in his judgment, the judge said: “What this case is not about… is whether an Islamic marriage ceremony… should be treated as creating a valid marriage in English law…..Regrettably it is not that simple.”
In Attorney General v Akhter and Khan [2020] EWCA Civ 122 the Court of Appeal allowed the appeal, rejecting the flexible approach in the earlier decision and reinforcing the applicability of the ‘non- marriage’ category, therefore labelling it as a ‘non-qualifying ceremony’.
A non-marriage does not entitle a former spouse to any financial claim and in this case a non-marriage arose due to the couple having had a religious marriage- in this case an Islamic marriage- but did not subsequently marry under the civil law.
The outcome of this case does not mean that every Islamic marriage or any other religious marriage which has been performed in the UK will be treated as a void marriage. Each case will be considered on its own specific facts, and legal advice should be sought
Our Services
Private Client – Helping individuals and families plan and manage their affairs successfully, combining our expertise with that of other advisers.
Family – Our experienced family law solicitors follow the Resolution Code of Conduct, with emphasis on a collaborative approach to disputes.
Property – Our experienced and friendly property team delivers innovative, forward-thinking advice for both commercial and residential property matters.
Disputes – When challenging situations arise, we strive to solve your problems as efficiently as possible, whilst minimising the chances of going to Court.
Employment – Employment law is complex, which is why our experienced team is dedicated to providing practical advice for both employers and employees.
Please get in touch if we can assist you with any of the above mentioned issues.
