Hayley Trim's Analysis: Are you married?

This is a question which the husband and wife (so called here for convenience) in the recent case of Dukali v Lamrani [2012] EWHC 1748 (Fam) would have undoubtedly answered in the affirmative until the husband's divorce solicitors suggested otherwise.

The husband was Moroccan the wife had dual British and Moroccan nationality. They married at the Moroccan Consulate in London in a civil ceremony conducted by a qualified Moroccan Udul or Adoul (a notary). It was not a religious marriage conducted by an Imam although the husband and his family in particular wanted and understood that the marriage would be recognised by Islam. Both the husband and the wife intended to and believed they had entered a marriage which was valid under English as well as Moroccan law. The Moroccan Consulate shared that view (and gave evidence to that effect).

The marriage lasted about 7 and a half years...

Read the full article here.