Sarah French looks at the Law Commission’s proposed changes to wedding ceremony requirements The Law Commission proposals aim to ensure that fewer weddings fall foul of the current laws, where at present a marriage may be invalid where performed according to religious rites that do not fulfil the current marriage law criteria. The Law Commission …
Continue reading "Marriage: A match made in heaven?"
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Victoria Roberts and Dan Jones consider, in light of Akhter v Khan, whether matrimonial law in England and Wales is fit for modern society Unless a nikah takes place at a registered mosque in the UK, or is proceeded or accompanied by a civil ceremony, the dissolution of the marriage cannot be pursued through the …
Continue reading "Marriage: Not right or proper?"
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Kate Taylor argues that the narrow requirements for a marriage to be recognised as valid are a cause for concern ‘There is an assumption, and an admittedly powerful argument, that the autonomy of the parties should be respected above all things, and that those couples who do not choose to enter into a civil ceremony …
Continue reading "Marriage: Inflexibility and injustice"
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John Oxley examines void and non-marriages, and the approach to religious ceremonies that do not follow formalities ‘The court sought to extend the boundaries of a void marriage, allowing the wife in this case financial relief after a void marriage which lasted longer than many valid ones.’ In Akhter v Khan [2018], Williams J extended …
Continue reading "Marriage: A broader definition"
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Wills & Trusts Law Reports | Autumn 2018 #173Mrs Akhter (A) and Mr Khan (K) underwent an Islamic marriage ceremony in England in 1998. They then considered themselves husband and wife and were treated as such by their families, community and state authorities. They had four children. Despite requests by A no civil ceremony was ever undertaken. The parties lived in Dubai between 2005 and 2011 and were treated as married by the UAE authorities, to whom they presented their Islamic marriage certificate.
A petitioned for divorce in 2016. K applied to strike out the petition on the basis that the parties had not entered a valid m...
Rayner Grice looks at the consequences of religious marriages where civil requirements are not met, and the steps that may be taken to provide additional protection ‘The survey commissioned for the Channel 4 programme discovered that 28% of those who had a nikah ceremony only did not realise that their marriage wasn‘t legally recognised, and …
Continue reading "Marriage: Under a misapprehension"
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