Our articles are written by experts in their field and include barristers, solicitors, judges, mediators, academics and professionals from a range of related disciplines. Family Law provides a platform for debate for all the important topics, from divorce and care proceedings to transparency and access to justice. If you would like to contribute please email emma.reitano@lexisnexis.co.uk.
Spotlight
A day in the life Of...
Read on

'How not to get married' (or what happens when you do not know if you are married / divorced / remarried): K v K [2016] EWHC 3380 (Fam)

Date:22 MAR 2017
Third slide
Solicitor
Family Solicitor

Nullity when there is a voidable marriage abroad

Summary:
  • An unregistered/invalid Nikah marriage conducted abroad is voidable and can be dissolved by nullity (leading to a finance claim).
Conversely:
  • An unregistered Nikah marriage conducted in the UK is a non-marriage and cannot be dissolved by nullity (and cannot lead to a finance claim).
Who’s who

Petitioner/Applicant
Wife/Mrs K aged 61
Respondent
Husband/Mr K aged 74
Respondent’s 1st Wife
Mrs B
Petitioner’s 1st Husband
Mr Z
Petitioner’s Counsel
Mr Lewis
Respondent’s Counsel
Mr Nigar
Respondent’s property
WH
Witness to marriage
Hafiz Tariq Mehmood
Witness to marriage
Basharat Mehmood
Imam
FD
Expert
Professor Werner Menski

Chronology

DATE
EVENT
1964
Respondent (R) marries first wife Mrs B
1972
Petitioner (P) marries first husband Mr Z in Pakistan
1994
P obtains Talaq divorce in Pakistan from Mr Z; P is habitually resident in UK
18/10/1999
Islamic Nikah Marriage ceremony between P and R at Shia Mosque in UK
00/12/1999
P’s Mother raises concerns...

Read the full article here.