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 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.
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:
- Unreasonable behaviour
- Separated longer than 2 years and you both agree to a divorce
- Separated for at least 5 years and only you agree to the divorce
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:
Forms and fees
Fill in the divorce petition form, pay the fee and send your forms to your local divorce centre
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
When a divorce is not agreed upon and both sides file petitions, the court will hear your case
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
Preparation of Sharia Council application
Case creation by qualified Mufti and copy of the application sent to husband
Investigation by the Mufti
Offer of mediation and reconciliation and meeting of all parties for negotiation
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.
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.
|Sharia council fee||Up to £250|
|Total||Up to £990|
|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.
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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.