Options for those in Islamic Marriages not recognised by UK law
Following on from Jennifer McNeil’s blog of the 13th August 2018 regarding whether an Islamic marriage and or divorce can be recognised in an English court.
If having taken advice it becomes apparent that your Islamic marriage is not recognised in England then in the event of a separation you may still depending upon your circumstances be entitled to make a claim against your ex who will be considered to be your partner rather than your husband or wife.
Any such claims would be dealt with under the Trusts of Land and Trustees Act 1996 which deals with property claims between cohabiting couples. In addition to such a claim it may also be possible depending on your circumstances to take a claim under Schedule 1 of the Children’s Act 1989 for reasonable financial provision for any children from that relationship.
It is important to obtain advice at an early stage as the court decisions made in these types of matters are very fact sensitive so it would be sensible to take early advice from a specialist lawyer.