If you have an Islamic marriage that is not recognised under English law (because you did not have a civil marriage), you will be treated as cohabitants should the relationship end or one party pass away. In such circumstances, cohabiting partners have very limited rights. They do not automatically inherit if one partner dies, nor are they entitled to financial, capital, spousal maintenance, or pension claims if the relationship breaks down.

However, if you have children together, the law treats married and unmarried parents alike, ensuring child arrangement orders can be put in place if necessary.

A cohabitation agreement may be helpful in these cases. Similar to a prenuptial agreement, it outlines the couple’s assets, finances, and property, including those acquired during the relationship. While not legally binding, a professionally drafted cohabitation agreement is likely to be given weight by the courts. It can be created or updated at any point in the relationship. If you have only an Islamic marriage and no civil marriage, having a cohabitation agreement could help prevent disputes should the relationship end.

The process depends on whether the husband or the wife initiates the divorce.

• If the husband initiates (Talaq):
  He can give a written or verbal pronouncement of divorce. After pronouncement, a three-month waiting period (Iddah/Iddat) is observed, during which no sexual relations can occur. As the ‘contract breaker’, the husband must pay the Mahr (dowry) in full if not already done so. A husband can divorce unilaterally in Islamic law, and either party may apply for an Islamic Talaq certificate as evidence of the divorce.
• If the wife initiates:
  She has three options:
  1. Khula: Both parties agree to divorce, or the husband is persuaded to consent. If the husband is not at fault, he may request the return of the Mahr since the wife becomes the ‘contract breaker’.
  2. Faskh: If the husband is at fault, the wife can seek a divorce with cause, providing evidence that he failed to fulfil marital responsibilities. A jurist can grant the divorce even if the husband objects.
  3. Tafreeq: Generally used if the wife has faced oppression. She separates and then seeks assistance from an Islamic Sharia Council or Islamic Court, which can dissolve the marriage through annulment.

If you have had a civil ceremony in the UK to legally recognise your marriage, then yes, you will need a civil divorce to formally end your marriage in the eyes of UK law.

In some cases, a husband may agree to a civil divorce but refuse to grant a religious divorce. In such situations, the wife can ask the Court not to finalise the Conditional Order (ending the civil marriage) until the religious divorce is granted, ensuring both the civil and religious aspects are resolved.