Q&As

The parties entered into a religious marriage conducted in Sri Lanka in accordance with the law and customs of that country, by a Nikah ceremony. They want to divorce and have already started their religious divorce in Sri Lanka. Both parties are habitually resident in England, one is a British citizen from birth and the other party's application for British citizenship was awarded five years after the marriage. Should they also seek a divorce in this country?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 14 February 2017
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The first question to consider where parties have entered into a religious marriage in accordance with the law and customs of a foreign country is whether that marriage is recognised in England and Wales. For a marriage in the UK to be recognised, there must be a civil registry marriage as well as any religious marriage ceremony (Marriage Act 1949; Marriage (Same Sex Couples) Act 2013 ). The pronouncement of a Nikah without more in the UK will not amount to a valid marriage. However, a foreign marriage can be recognised as valid where it is recognised as

Chris Bryden
Chris Bryden

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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