Under traditional Islamic Law, a bare Talaq divorce is deemed to have taken place when the husband pronounces three times ‘I divorce thee’. This pronouncement dissolves the marriage instantly.
However, the Muslim Family Law Ordinance 1961 (MFLO) sets out formal requirements for the recognition of full Talaq divorces in all parts of Bangladesh and Pakistan, except Azad Kashmir:
- The husband must give notice in writing of the pronouncement of a talaq divorce to the Chairman of the Union Council of the Ward; and
- The husband must also give a copy of this notice to his wife.
At the end of 90 days (or at the end of the wife’s pregnancy, if she is pregnant at this time) the Talaq divorce will take effect. There is a provision for attempts at conciliation between the two parties during this 90 day time period.
UK Recognition of a Talaq Divorce
Only a Talaq divorce under the MFLO is considered to have been obtained by means of proceedings as defined under UK Acts.
If a full Talaq divorce takes place in Bangladesh or Pakistan it will be recognised in the UK if the procedures laid down under the MFLO were complied with, and:
- The husband or the wife is a Bangladeshi or Pakistani citizen; or
- He or she is habitually resident in Bangladesh or Pakistan; or
- He or she is domiciled in Bangladesh or Pakistan.
The MFLO procedures have not been formally extended to Azad Kashmir. The only form of divorce which can be recognised there is the traditional bare form. If a bare Talaq divorce takes place in Azad Kashmir, it will be recognised in the UK, only if:
- The husband and wife are both domiciled in Azad Kashmir, and
- Neither partner has been habitually resident in the UK in the year immediately preceding the pronouncement of the divorce.
If a bare Talaq divorce takes place elsewhere in Pakistan or Bangladesh, it will not be recognised in the UK.
If a husband pronounces Talaq divorce in the UK alone, the divorce will not be recognised.
If a husband pronounces Talaq divorce in the UK and then notifies his wife and the Union Council Chairman in Pakistan or Bangladesh, the divorce will not be recognised. The UK Courts have held that an overseas divorce is capable of recognition in the UK, only if the divorce has been instituted and obtained in the same country outside the UK.
How Nelsons Can Help
If you need advice on any foreign divorce-related matter or have any other family law-related queries, please contact a member of our expert Family Law team on 0800 024 1976 or contact us via our online form.
Our team will be happy to discuss your circumstances in more detail and give you more information about the services that we can provide along with details of our hourly rates and fixed fee services.