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cityguru
cityguru, Solicitor
Category: Family Law
Satisfied Customers: 13329
Experience:  30 yrs experience
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My brother underwent an islamic marriage (Nikah) in Pakistan

Customer Question

My brother underwent an islamic marriage (Nikah) in Pakistan ,He called his wife and kids from Pakistan recently on a spouse visa .They are not legally married in UK .He has a house here. Will she be entitled to half of his assets without registering as an English legal marriage ?

N.B We have heard that if you get married in any foreign country under their legal requirements which in Pakistan is through NIKAH ,than ,that marriage is considered legal in England as well and women will be entitled to half of his assets .is this true ?
I would like to safeguard my brother,s assets i.e property so would you be so kind to clear this up .
Regards

Hamid
Submitted: 4 years ago.
Category: Family Law
Expert:  cityguru replied 4 years ago.
If your brother' s wife was resident int Pakistan at the time ( or they both were) and the marriage is valid under the law of pakistan then it will be recognised as valid here. There is no facility in the UK for "registering" a marriage. Nikah marriages are not valid if carried out in the UK because they do not comply with UK law. But any marriage abroad is recognised if it is valid the the local law as long as it is not illegal here - due to age or the law of bigamy.

The extent to which your brothers wife have a claim will depend upon the overall financial requirements and of the parties and their respective contributions and the needs of the children.

Customer: replied 4 years ago.

Are you saying , that she can claim my brothers assets under the marriage which was carried out in pakistan .So that nikah carries out the same value and legality just as English marriage in this country and she can claim the assets just the way people do under English marriage ?

Expert:  cityguru replied 4 years ago.
Yes that is what I am saying - if this was a valid and legally recognised marriage in Pakistan and one or other party was resident there at the time. UK law recognises marriages which are valid in the countries where they take place - otherwise people coming to the UK to live would have to remarry!

The Uk courts wil rulle on divorce and matrimonial property if the parties are resident here even if they married elsewhere.