I'm worried my spouse will argue that we are not properly married, e.g., that an Islamic marriage is not valid, what can I do?

In order to get divorced in England and Wales, your marriage must be recognised as legally valid. Therefore, a person may claim that their marriage is not valid, to deprive their spouse of the financial remedies they would be entitled to upon divorce. 

Fortunately, if your wedding was in England and Wales, this will generally be easy to assess as English and Welsh law lays down strict licencing requirements for wedding venues. In other countries, things can be far more complicated. However, even if your marry abroad, as long as your marriage met the legal requirements of the country where your marriage took place, it will be legally valid in England and Wales.

If your marriage did not meet the necessary legal criteria, the court may still be able to make financial provision upon it ending. For example, if a marriage is deemed ‘void’, i.e. having all the characteristics of a marriage but being void for technical reasons, then the marriage can be annulled. On annulment, a spouse is entitled to the same financial provision as on divorce (learn more here).

The validity of marriages is a complex area of law. Vardags have significant experience in some of the leading cases on nullity, and will try to help you whatever the facts of your case.

If you’re considering or going through a divorce, click below for a free initial consultation with one of our expert divorce solicitors.

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