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Where a couple have had a religious ceremony, as well as a civil ceremony to make sure their marriage is recognised under the law in England and Wales, they will need to meet the requirements of their religion, as well as the law if they wish to divorce. Otherwise, there could be detrimental consequences for each spouse and their ability to move forward. For family lawyers, it is important to be attuned to the sensitivities and requirements around a client’s religious beliefs and customs when advising them and to understand how these interplay with the civil law. In particular, there are two religions where it is very important that lawyers understand the requirements of religious practices when advising on divorce.

Islamic divorce

Under Islam, separation can be achieved under four different ways Khula, Taraq, Faskh-e-Nikah and Tafweedh-e-Talaq. The wife must instigate Khula, Faskh-e-Nikah or Tafweedh-e-Talaq, or the husband must say Talaq. There are also options under Islamic law for an annulment too, for example, if the marriage was forced. The laws and stipulations under each method of separation are complex and nuanced and it is wise for family lawyers to educate themselves so they don’t accidently place their client in a difficult position. There are grave implications of when these steps aren’t performed correctly – as an example, even if a couple is granted a divorce under the law of England and Wales, they may be unable to remarry because the divorce hasn’t been performed correctly under Islam. This can leave couples stuck in limbo, unable to move forward with their lives along with their families.

Jewish divorce

Orthodox Jewish women will be unable to marry again within their faith if the husband does not serve the wife with a Get, which effects a Jewish divorce.  

If the Get is not obtained and the wife begins another relationship and has a child, it will be viewed as mazmer and she will not be able to remarry within Judaism. This could of course have severe consequences for her place in her faith, as well as her wellbeing and relationships with family and friends. Difficulties can also arise and will need to be navigated carefully when one party does not wish to consent to a divorce under Jewish law.

Draft statutory guidance issued in relation to the Domestic Abuse Act 2021 (see details of the consultation on the draft guidance , which closed in September 2021 and is currently being considered by the Home Office) include references to withholding a Get as a form of domestic abuse, and states (at paras 66 to 68):

‘A form of spiritual abuse may include the withholding of a religious divorce, as a threat to control and intimidate victims. In some cases, it will be accompanied by other manifestations of abuse within the marriage … In Judaism this concerns the Get, and instances whereby a recalcitrant husband may refuse to give his wife a Jewish bill of divorce (or a wife may unreasonably refuse to accept a Jewish bill of divorce). Unreasonably preventing a religious Jewish marriage being dissolved often includes the imposition of such conditions … The ability to refuse to give a Get provides abusive husbands with power and control and will be used often to exert leverage in relation to other aspects of the divorce. The refusal will have a significant impact on the wife’s wider living conditions. She will often be severely restricted in her social and personal life. It affects her ability to re-marry and directly affects the status of any children she may have in the future.’

Similar provision is made in relation to Islam (see paras 69 and 70).

Conclusion

It is important that UK law plays more of a role in protecting the rights of its multicultural and multi-faith country – the law is certainly lacking and many couples would benefit if all religious ceremonies were automatically registered as a civil marriage too, which in turn could create a more cohesive and clear framework for divorcing couples. However, while we await change that could take years, it’s important that lawyers equip themselves with the knowledge and understanding of different religions requirements around divorce so they can best support their clients and achieve a fair outcome. And of course, protect those most vulnerable.

Farhan Farani is the founding partner and managing director of