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Khula and Faskh-e-Nikah in the UK

With care and understanding, our specialist Islamic family law team has been greatly successful in helping muslim women through divorce and separation proceedings in compliance with their faith and law.

We take the time to listen and understand you and your family, so we can support you in the best way possible.

How to get a Khula

Within an Islamic marriage, the wife has two options to end her marriage to her husband, either by obtaining a Khula or a Faskh-e-Nikah.

In addition, a civil marriage can be ended by the petitioner filing their divorce petition in court, finalising the divorce with a decree absolute.

In the UK, laws of civil marriage and divorce are applicable to all its residents, irrespective of sex, colour, race or religious persuasion.

Therefore, it is imperative for a muslim women that she not only lives in accordance with Islamic law, but that she also abides by the laws of the UK.

About Islamic Divorce

  • Khula

    Khula is a type of Islamic divorce where the husband and wife consent mutually to the divorce.

    Hereby the wife agrees to certain terms such as the return of the Mahr (dowry). If the parties agree, the marriage is dissolved.

  • Faskh-e-Nikah

    This is where the wife makes an application to the sharia council for her marriage to be dissolved where the husband refuses unreasonably to give her the Talaq.

  • UK law and Islamic divorce

    If your marriage is legally recognised in the UK you must also apply for your divorce in civil court. To do so you will need to follow the below steps in addition to the sharia law procedures.

    In order to file for divorce you will need to prove your marriage has broken down. Your grounds for divorcing your husband need to be one of the following:

    1. Adultery
    2. Unreasonable behaviour
    3. Desertion
    4. Separated longer than 2 years and you both agree to a divorce
    5. Separated for at least 5 years and only you agree to the divorce

    The procedure

    The civil divorce procedure can be long, complex and emotional. If you had a civil marriage in the UK or you had your Nikah in a country where the Nikah is recognised by law you will need to obtain a civil divorce and follow the below steps in addition to obtaining your Khula or Faskh-e-Nikah:

    1. Forms and fees

      Fill in the divorce petition form, pay the fee and send your forms to your local divorce centre

    2. Agreement or disagreement

      When the husband agrees with the divorce petition the divorce will go ahead at this stage, however, if he does not she can decide to start his own divorce proceedings against you

    3. Court hearing

      When a divorce is not agreed upon and both sides file petitions, the court will hear your case

    Read more about civil divorce

The Khula/Faskh Process

The Khula/Faskh divorce process is an intricate one which usually takes up to four to six months.

However, at this stage, our expert solicitors have successfully led 100 percent of Khula and Faskh divorce applications to be granted within three months.

The Khula/Faskh Divorce Process

  1. Preparation

    Preparation of Sharia Council application

  2. Case creation

    Case creation by qualified Mufti and copy of the application sent to husband

  3. Investigation

    Investigation by the Mufti

  4. Meeting

    Offer of mediation and reconciliation and meeting of all parties for negotiation

  5. Finalising divorce

    Dissolving the marriage by the Mufti and issuing of divorce certificate

Support From Islamic Solicitors

We offer a team of sympathetic and dedicated solicitors who will always work with you to reach a solution that is right for you financially and emotionally.

We support our clients throughout the Islamic divorce process from beginning to end.

We prepare the applications and legal documents for you and ensure all documentation is submitted to the sharia council in a timely manner.

Additional Services Regarding Mediation and Reconciliation

We further support you through any mediation and reconciliation meetings if you feel this could be beneficial to you and  are also able to lead negotiations in connection with any financial disputes.

We also offer civil divorce services, assistance with financial disputes and children disputes.

Contact our Solicitors

Get in touch with our team for expert legal advice and guidence.

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Our Fees

We aim to be as transparent as possible in regards to our fees and the likely costs our clients will face when filing for divorce. In the event of an Islamic divorce there are multiple costs to keep in mind.

Depending on the court, sharia court charges will vary between £225 and £250. In addition to sharia court charges, the following fees will apply.

General cost £600
VAT £120
Sharia council fee Up to £250
Total Up to £990
General cost £450
VAT £90
Sharia council fee Up to £250
Total Up to £790

Please be aware that cost may differ depending on your personal circumstances.

Our Promise to You

  • Approachable and friendly solicitors

    We are committed to delivering a truly personal service that puts you and your wishes first. Our team will always be on hand to support you, regardless of the time or location.

  • Award-winning service across our fields of expertise

    Our high standards of service are applied consistently across all of our departments. Regardless of your enquiry, you can expect to receive the best legal advice delivered in a sympathetic manner.

  • Advice tailored to your needs

    We take the time to listen to your needs and offer guidance that is best suited to your current situation.

    There is no ‘one-size-fits-all’ solution when it comes to any area of law; every case requires a tailored approach and you deserve a solicitor who understands this.

  • Outstanding customer service and care

    Our reputation is largely built on the exceptional level of client care we continue to deliver.

    Every case is handled with the utmost level of respect and many of our clients have recommended us after building an invaluable relationship with our solicitors.

  • Transparent on fees and processes

    Transparency is very important to us as we want you to feel confident in our services.

    We adhere to providing full transparency on fees, ensuring that you know exactly what you are paying for and keep you updated on the progress of your case along every step of the way.