Whether or not your Talaq will be recognised in the UK will depend on a number of factors.
Was it pronounced in the UK or overseas?
For a divorce pronounced in the UK to be effective, it must be granted by a civil court. If a Talaq is pronounced under Islamic law, it will not be effective to bring your marriage to an end in the UK.
If a Talaq is pronounced overseas, whether or not it will be recognised in the UK will depend on whether it was pronounced by means of proceedings of otherwise.
An overseas divorce obtained by means of proceedings shall be recognised if:
1. The divorce is effective under the law of the country in which it was obtained; and
2. At the relevant date (being the date of the commencement of proceedings), either party to the marriage was
a. Habitually resident in the country in which the divorce was obtained; or
b. Was domiciled in that country; or
c. Was a national of that country.
‘By means of proceedings’
The mere pronouncement of a Talaq- known as a “bare” Talaq- will not to be sufficient for a divorce to be recognised in this country. ‘Proceedings’ require some form of State involvement, such as the intervention of the Union Council or the registration of the Talaq with the Sharia court.
Otherwise than by means of proceedings
If the divorce was obtained otherwise than by means of proceedings, neither party must have been habitually resident in the UK for one year immediately preceding the date on which the divorce was obtained and:
a. Each party to the marriage must be domiciled in that country; or
b. Either party to the marriage must be domiciled in that country and the other party domiciled in a country under whose law the divorce is recognised as valid.
For advice and guidance on area of family law or to discuss your current situation, please contact our specialist Family Law lawyers on 0161 927 3118 to make an appointment.