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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9602
Experience:  I have been practising for 30 years.
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I got married in the local religious authority few moths ago

Customer Question

I got married in the local religious authority few moths ago and found out later that my husband hasn't finalised his divorce yet with his former spouse, is this considered fraudulent marriage? let me know please.
Thanks
Rim
Submitted: 11 months ago.
Category: Law
Customer: replied 11 months ago.
We live in Dublin, we got married through the Islamic foundation of Ireland and certified over there in March 2016, my husband is a German national, he filed for divorce with his former Irish wife but hasn't obtained the divorce certificate yet.
Expert:  F E Smith replied 11 months ago.

You can go to as many religious ceremonies as you like provided it wasn’t a legal ceremony.

The majority of Roman Catholic and Protestant church religious services are also legal ceremonies.

The majority of Muslim ceremonies are not legal ceremonies but purely religious.

If this was a legal ceremony and not just a religious ceremony, then your husband commits bigamy if he is not divorced.

It depends therefore the nature of the service that you went through. The chances are that it wasn’t a legal ceremony because the majority of mosques are not licensed for legal ceremonies. However, if that’s the case, you would also not be legally recognised for benefits and other purposes as a spouse.

Can I clarify anything for you?

Please rate the service positive.

The thread remains open for further exchanges.

Best wishes.

Customer: replied 11 months ago.
The foundation is actually liscenced for legal ceremonies
Customer: replied 11 months ago.
I am not really worried about the benefits but my question is that the mosque is actually licensed to perform legal ceremonies does that mean my husband committed bigamy?
Expert:  F E Smith replied 11 months ago.

Just because it was in a premises which were licensed doesn’t necessarily mean that it was a legal ceremony.

You would need to ask whoever carried out the ceremony whether it was simply a Nikkah or it was also done to comply with the legal requirements of marriage.

It is absolutely impossible for me to say which ceremony they carried out.

Customer: replied 11 months ago.
Thank you
Expert:  F E Smith replied 11 months ago.

I am glad that I was able to help. Please don’t forget to rate the service positive. Best wishes.