Marrying abroad.. legal rights in UK

[mogwopit]

Sorry if this is posted in the wrong place, please feel free to move. Can anyone give me some advice on the following:- If a British woman marries a man from Pakistan, in Pakistan, in a Nikah (sp?) ceremony, does her new 'husband' have any legal rights in Uk to her will in the event of her death.

Basically is a Nikah ceremony recognised by British law??

 

Thank you

 

Mogs

[mogwopit]

Bump:rolleyes:

[palomino]

If she has made a will then the issue of being married is irrelevant.

 

I suspect you mean if she dies intestate, in which case I don't think so. That's equivalent of a religious ceremony which isn't recognised as a legal contract in the UK (probably not in Pakistan either).

 

[This isn't discriminating against Pakistan : it applies to all countries eg. Buddhist wedding in Thailand. You need to go through a civil marriage ceremony for it to be recognised.]

[mogwopit]

Thanks for the reply Palomino, Ive sent you a PM.

[Lula]

A Nikah marriage is not recognised in English Law, if you have a question, please post it, for clarity and to avoid mistakes, CAG positively discourage the giving of advise via pm.

[mogwopit]

CAG positively discourage the giving of advise via pm.

Apologies Lula but its a bit of a sensitive subject to post on the open forum, its not a case of if it happens it has happened if you know what I mean.

Mogs

[bazaar]

If you were worried about that, maybe you shouldnt have got married

[mogwopit]

Bazaar, you have got the wrong end of the stick, its not me Im talking about, but its happened to a close family member.

[palomino]

mogwopit : your solicitor should already have dealt with this - the 'husband' does not have any entitlement at all and you solicitor should have said so. If the 'husband' wants to contest this then he will have to do so in a UK court at his own expense.

So, at this point you should discuss this with your solicitor and find out what he/she has done or plans to do.

 

 

other posters : you are quite right in saying that all posts should be in public forum, however the additional points that were raised are simply that the poster feels they are sensitive at a a very difficult time - see post #6. mogwopit is a new member on CAG and the circumstances described deserve some sympathy. Now is not the time for standing on ceremony or for any chastisement or criticism.

[mogwopit]

Thanks for that Palomino, it is indeed a very difficult situation for us to deal with right now. We have a meeting with her solicitor next week where we can put our feelings forward, but at the moment he seems to think that the marriage will override the will she made in January. At this time though he doesnt now the full facts of the Nikah ceremony.

[mogwopit]

I just wanted some idea what a Nikah wedding means in British Law, Ive tried researching on the web but there are conflicting answers... if they were married here it wouldnt be recognised but if married in a Muslim country it would???... just dont know what to believe:-?

Mogs

[PriorityOne]

I'm certainly no expert, but would have thought that if she married this man in Pakistan and it wasn't registered here, then he would not have automatic rights to the her assets.... and would need to go to court to contest the Will in order to try and get what he believes to be his.

[mogwopit]

Can anyone suggest an organisation I can call for a definate answer, I was thinking maybe registry office or Uk border agency???

[tifo]

I would say that the marriage IS recognised here in British Law because the woman can apply to have her 'husband' settle with her here in the UK on the basis of a Nikah Nama from Pakistan, provided it is also registered at the Union Council (unless it was carried out in Pakistan administered Kashmir).

 

If the woman has a Pakistani ID card then she has the same rights to her 'husband's' will as any 'wife' from over there. Following this line of thought, he would then have the same rights to her property over there.

 

I don't think he has any rights to her property here in the UK until he has indefinate leave to remain which is then naturalised, because until then he is not a British Citizen. For the first two years before this he is on probation.

 

As the woman in question has passed away then i suspect he has no legal rights to any of her property in this country but if she was also a citizen of Pakistan as many people hold dual nationality through the ID card, then he may have rights over there as the widower.

Edited March 15, 2010 by tifo

[mogwopit]

He has never been to Britain, 2 failed visa applications, she was 100% British.

Mogs

[tifo]

in that case if she had a Pak ID card then he MAY have rights to her property in Pakistan only but not over here.

 

depends what she had here and how far he wants to take it.

[mogwopit]

No Pak Id, only British passport/visa, visiting Pakistan for a month.

[mogwopit]

After more research today on the internet,it seems as though the marriage IS legally recognised in the Uk because it was carried out in Pakistan, but wouldnt be if it was carried out here. Doesnt make any sense to me:(