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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?
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
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