Divorcing Your Ex-Partner If You Have Only Had A Religious Wedding Ceremony
There are many couples in the UK today that have only had a religious wedding ceremony, performed either in the UK or abroad. These couples are living together, have children together, have set up home together and are ‘married’ in the eyes on the community and their respective families.
Problems occur when the marriage breaks down and it is discovered that the religious wedding never was registered and is therefore not recognised in the UK. This can leave the dependent spouse in a dangerous position without the legal protection afforded to a legally married spouse.
This Help Guide is for those of you:
- Who are having a religious wedding ceremony but are not sure if it will be legally recognised in the UK?
- Who have already had a religious wedding ceremony but have now discovered it was never registered?
WHAT IS A RELIGIOUS WEDDING CEREMONY AND DOES IT HAVE LEGAL STATUS IN THE UK?
A religious wedding ceremony is generally conducted in a religious place of worship, and the ceremony conducted as per the scriptures of the religion.
ISLAM – The religious wedding ceremony in Islam is called a Nikah. The Nikah ceremony by itself is not recognised by UK law unless it is registered. Only 1 in 10 mosques are authorised to register a Nikah. Therefore, the couple must have an additional civil court marriage and register the marriage, otherwise the couple are considered as cohabiting under UK law instead of married. Alternatively, the couple can have a registrant from the local registry office present at the religious ceremony to register the marriage.
If you are a Muslim couple and you have had a religious wedding ceremony in a Muslim country, as long as it has been registered under the law of that land and by an authorised mosque and you have been given a signed and sealed marriage certificate, the UK will recognise it and both spouses afforded full legal rights.
JEWISH – A Jewish religious wedding can take place anywhere however they must take place under a Chuppah. There are two parts 1) the betrothal ceremony called erusin or kiddushin 2) the wedding ceremony called nisuin. If the Rabbi or official conducting the marriage has the legal right to register the marriage, then the marriage is legally recognised by UK law. This is normally the case.
CHRISTIAN – A Christian religious wedding ceremony is one that happens in church. This marriage is legally recognised in the UK because the priest or person conducting the marriage has the legal right to register the marriage.
CATHOLIC – A Catholic religious wedding ceremony is called Nuptul Mass and/or Holy Matrimony. If the official conducting the marriage has the legal right to register the marriage, then the marriage is legally recognised by UK law.
HINDU – The Hindu religious wedding ceremony is called Vivah Sanskar. The Vivah Sanskar ceremony by itself it is not recognised by UK law. If the couple do not have an additional civil court marriage and register the marriage, the couple are considered as cohabiting under UK law instead of married. Alternatively, the couple can have a registrant from the local registry office present at the religious ceremony to register the marriage.
SIKH – The Sikh religious wedding ceremony is called Anand Karaj. The Anand Karaj ceremony by itself it is not recognised by UK law. If the couple do not have an additional civil court marriage and register the marriage, the couple are considered as cohabiting under UK law instead of married. Alternatively, the couple can have a registrant from the local registry office present at the religious ceremony to register the marriage.
BUDDHIST – The Buddhist religious wedding ceremony is called the Chessian. The Chessian ceremony by itself is not recognised by UK law. If the couple do not have an additional civil court marriage and register the marriage, the couple are considered as cohabiting instead of married. Alternatively, the couple can have a registrant from the local registry office present at the religious ceremony to register the marriage.
If your find that your religious wedding ceremony was never registered and you are a cohabiting couple under UK law, then please click on the link below to understand your rights as a person in a cohabiting relationship.
LINK TO THE LAW SOCIETY WEBPAGE FOR COHABITATION – YOUR RIGHTS.
UNDER WHAT CIRCUMSTANCES CAN A RELIGIOUS WEDDING CEREMONY BE VALID AND LEGAL IN THE UK?
A religious wedding ceremony is only legally valid and recognised in the UK if the couple have signed a marriage licence at the end of the ceremony thus registering this marriage. To register the marriage, the ceremony must be:
- Performed by a person automatically authorised to register a marriage such as certain priests, vicars or ministers.
- Performed by a person licenced to register marriages.
- A civil registrant must be present at the religious wedding ceremony to register the marriage, or a later civil/court marriage must take place.
HOW MUCH DOES A CIVIL REGISTRANT COST TO ATTEND A RELIGIOUS WEDDING CEREMONY?
A civil registrant will cost under £86.00 to attend your religious wedding ceremony so they can register it.
A registrant will cost £46.00 to register your marriage if it is at a register office.
CAN YOU REGISTER YOUR MARRIAGE EVEN THOUGH YOU HAD A RELIGIOUS WEDDING CEREMONY SOME TIME AGO?
Yes, you can, and you must.
But first contact your local registry office to find out if your marriage has been registered.
LINK TO FIND YOUR LOCAL REGISTER OFFICE
If your marriage has not been registered, then you will need to arrange a civil ceremony immediately. Your civil ceremony can take place at your local registry office or at a venue approved by your local council such as a hotel or a stately home. You will need to have 2 witnesses present and the ceremony must be conducted by a registrant. If not, then they must be present. You will need to give 29 days’ notice at the register office that you want to get married, and the ceremony must take place within 12 months of this notice.
LINK TO GOVERNMENT WEBSITE FOR DETAILS ON MARRIAGES
WHAT HAPPENS NOW YOU HAVE DISCOVERED YOUR RELIGIOUS WEDDING CEREMONY WAS NOT REGISTERED AND THEREFORE IS NOT LEGALLY RECOGNISED IN THE UK?
If your marriage has broken down and you are looking to divorce your spouse, then you can only do so if your marriage was valid and legally recognised in the UK in the first place.
If you have discovered your religious wedding ceremony was not registered by the signing of a marriage licence and not performed by an authorised person, then you will not be entitled to the legal rights and protection afforded to a legally married spouse. You cannot divorce because you were never married in the first place.
You are not entitled to any share in any assets, investments, property, and money owned solely by your spouse.
You are not entitled to spousal maintenance.
However, if you have dependent children with your spouse then the fact you both are not married does not affect their parental responsibility towards the children and if they are the provider in the relationship and you are the homemaker, then they will have to pay child maintenance for the children.
A disproportionate number of women from the Asian subcontinent have been married by a religious wedding ceremony and have only realised later in life when the marriage has broken down that they are not protected by UK law.
If this has happened to you, then you should do the following:
- If you are a Muslim woman who has found herself in the above situation, please contact the Muslim Women’s Council helpline.
LINK TO MUSLIM WOMENS COUNCIL HELPLINE
- You can also contact the Muslim women’s network (MWNUK) helpline