Many couples in the UK have a nikah, the Islamic marriage ceremony, without also having a civil marriage. Some plan to register later and never get round to it. Others do not realise it matters. If the relationship goes well, it may never come up. If it breaks down, or one of you dies, it can make a big difference.
This guide covers nikahs that take place in England and Wales. A nikah abroad is treated differently. See our guide on spouse visas after a nikah abroad.
When a nikah is a legal marriage
A marriage in England and Wales is legally valid only if it follows the formal rules in the Marriage Act 1949. In simple terms, this usually means:
- both of you gave notice of marriage at a register office beforehand
- the ceremony took place at a register office, an approved venue, or a religious building registered for marriages
- a registrar or an authorised person was present, and the marriage was registered
Some mosques are registered for marriages and have an authorised person. If your nikah took place there and you had given notice, it may be a legal marriage. Most nikahs held at home, in a hall, or in a mosque without these arrangements are not.
If you are not sure, check whether you have a marriage certificate issued by the General Register Office or a local register office. A nikah nama or a mosque certificate on its own does not usually prove a legal marriage.
A "non-qualifying ceremony"
In 2020, the Court of Appeal decided a case called Akhter v Khan. The couple had a nikah in London and never had a civil ceremony. The court said the nikah was a "non-qualifying ceremony". That means it was outside the marriage laws altogether. It did not create a legal marriage, or even a void marriage that a court could annul.
The result was that the wife could not use the divorce courts to claim financial support, a share of property, or a share of her husband's pension.
The court looked at how the ceremony was carried out at the time. How long the couple lived together, whether they had children, and whether people saw them as married did not change the legal position.
What this means if you separate
If your nikah is not a legal marriage, the law treats you much like an unmarried couple who live together. People sometimes say "common law marriage", but this does not exist in English law.
You cannot usually:
- apply for a divorce or a financial order as a husband or wife
- claim spousal maintenance
- claim a share of your partner's pension
- inherit automatically if your partner dies without a will
You may still have other claims.
Property
If you lived in a home owned by your partner, or in joint names, you may have a claim to a share of it. Courts look at whose name is on the title and at what you both intended. Your contributions can matter too, such as paying towards the deposit or mortgage. These are trust claims, often brought under a law called the Trusts of Land and Appointment of Trustees Act 1996. They can be complex and depend heavily on evidence.
Children
Your children have the same rights whether or not you were legally married. You can apply for child maintenance through the Child Maintenance Service. A parent can also apply to court under Schedule 1 of the Children Act 1989. This can provide a home for the children while they grow up, lump sums for their needs, and some extra maintenance. The court can make orders about where children live and who they see. See our page on child arrangements.
If your partner dies
If you lived together as a couple for at least two years before your partner died, you may be able to claim from their estate under the Inheritance (Provision for Family and Dependants) Act 1975. There are strict time limits.
How to register a civil marriage
If you have had a nikah and want legal protection, you can have a civil marriage at any time. You do not need to repeat the nikah.
- Both of you give notice of marriage at your local register office. You each need to have lived in that area for at least seven days before giving notice.
- You usually wait at least 28 days after giving notice. If one of you is not British or Irish and does not have settled status, the notice may be referred to the Home Office, and the wait can be up to 70 days.
- You have a short civil ceremony with two witnesses, at a register office, an approved venue, or a registered religious building.
You can find details on GOV.UK under getting married in England and Wales.
Some couples arrange a civil ceremony and the nikah on the same day. If you are planning a nikah now, ask the mosque whether it is registered for marriages and whether its imam is an authorised person.
Islamic divorce and civil divorce
These are separate systems, and you may need one, the other, or both.
An Islamic divorce ends the marriage in religious terms. The main forms are:
- talaq, a divorce pronounced by the husband
- khula, a divorce requested by the wife, often by agreement and sometimes with the return of the mahr (the gift given at the nikah)
- faskh, where a religious scholar or Sharia council dissolves the marriage, often after a wife asks for it
A civil divorce ends a legal marriage. In England and Wales, this is done through the family court under no-fault divorce rules. It takes at least 26 weeks from the application to the final order. See our guide to the divorce process.
How they fit together:
- If you only had a nikah, there is no legal marriage to end. An Islamic divorce may be all you need for religious purposes.
- If you had a nikah and a civil marriage, you need a civil divorce to end the legal marriage. A talaq or khula alone leaves you legally married. Many people also get an Islamic divorce so they are free to remarry religiously.
- A talaq pronounced in the UK does not end a legal marriage, even if the marriage took place abroad.
Sharia councils in the UK are not courts. Their decisions have religious meaning but no legal force.
You can read more on our page about Islamic marriage and divorce.
When to get advice
Get advice if your relationship is breaking down and you are not sure whether you are legally married, or if you have a nikah and want to know what claims you may have. It also helps to take advice before you register a marriage if one of you is subject to immigration control. We can help you work out your position. You can book a call with us.
Get advice on your situation
This guide is general information, not legal advice. How the rules apply depends on your circumstances, so please don't rely on this guide alone. Speak to a solicitor before you make a decision or send an application.
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