can 1 get divorced without the other spouse in the uk
Re: divorce
Sure they can. Does she have a cell phone?
Link
Re: divorce
can that be done in british laws
divorce without the other
Re: divorce
I am sure there are ways. Usually the other need not be present, but his whereabouts or a mailing address needs to be available and paperwork needs to be sent. Once the date is set, if the other does not show up the courts grant the divorce.
Thats mainly in USA. I am sure UK would not be any different and would not totally deny the divorce petition merely because the other is not present.
Re: divorce
what about in islamic way
can that be done
Re: divorce
Islamically, the link above gives you some clues.
If you are a female and want a divorce you have to go court to have them grant it.
There is also some rules where if the husband's whereabouts are not known for a certain period of time then a khula can be granted.
Ask the local imam for details.
Re: divorce
thanx fayax
Re: divorce
kashmiriladki, the Islamic way for a woman to file a divorce is to take a khula from her husband. The details of that will be determined by whether you follow the Hanafi fiqh or some other. The way it was done in a family I know is the guy said one talaq and she did iddat for the regular time. After that, she had a choice to go back to her husband but if not then the remaining 2 talaqs were done and the process was completed. I hope I remember this correctly. He doesn't have to be physically there but some witness must be present.
However, if a man is giving the talaq, no witness is needed. Even his wife doesn't need to be there when he utters or even says those 3 words in his mind with the niyah of divorcing her.
Re: divorce
However, if a man is giving the talaq, no witness is needed. Even his wife doesn't need to be there when he utters or even says those 3 words in his mind with the niyah of divorcing her.
Hmm. Didnt know the whispering part. Thanks for sharing.
Re: divorce
Fayax, I think that's what I heard but please do confirm with aalims. That is why talaq is a serious business and giving it in extreme emotions is discouraged.
Re: divorce
Fayax, I think that's what I heard but please do confirm with aalims. That is why talaq is a serious business and giving it in extreme emotions is discouraged.
Niksik, thanks.
If you find out before me please post it.
Re: divorce
Ofcouse you can. Divorce within the UK is carried out in 2 stages: Decree Nisi and the Decree Absolute.
You must petition to the Courts for a divorce outlining the grounds for divorce. If the petition is undefended, it will be entered onto the special procedures list. The judge will then go through the application if he is satisfied he will declare a decree nisi in an open court.
6 weeks from the decree nisi you will be able to apply for the divorce to be made absolute. If you do not apply for the divorce to be made absolute then the respondent can do this after a period of 3 months.
Under secular law your divorce will be recognised but Islamically it may not. I have no idea how the Islamic law works but under UK law it is possible to obtain a divorce without your spouse being there.
Re: divorce
kashmiriladki, the Islamic way for a woman to file a divorce is to take a khula from her husband. The details of that will be determined by whether you follow the Hanafi fiqh or some other. The way it was done in a family I know is the guy said one talaq and she did iddat for the regular time. After that, she had a choice to go back to her husband but if not then the remaining 2 talaqs were done and the process was completed. I hope I remember this correctly. He doesn't have to be physically there but some witness must be present.
However, if a man is giving the talaq, no witness is needed. Even his wife doesn't need to be there when he utters or even says those 3 words in his mind with the niyah of divorcing her.
but surely if he said it in his head, he needs to convey this to her obviously...and also im sure its not..im sure he needs to say it three times to HER....not to his head or in his head..i read it somehwere , will get the link once i find it....
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Haha listen to her, she is on her way to becoming a star UK lawyer 
Serious reply: Yes, whatever she said hold’s true. That is how UK law works. I googled it myself too. 
Re: divorce
I forgot to mention something else inorder to petition for divorce you must have been married atleast for a year.
Re: divorce
I forgot to mention something else inorder to petition for divorce you must have been married atleast for a year.
this coming november will be 3 years since married
Re: divorce
I am a lawyer based in the UK, it may be worth considering a simplified divorce procedure which will speed up the whole process. In order for this to be carried out your partner would have to be willing to give you a divorce and you must have been living seperate for a period of 1yr, on the contrary the partner does not have to be concenting to divorce if you have been living apart for more that 2yrs.
If you need any further help you are more than welcome to PM.
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this coming november will be 3 years since married
I guess you can petition for divorce cosidering it has been over a year :)
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why can't women say 3 times in a row I want khula or divorce?
even muslims on these boards make Islam look like a Religion of cheaters, mobs, rapists, murderers and what!
Islam says equal right? Why is the procedure of woman than so different? While a man can bark like a dog I divorce, I divorce, I divorce, woman needs to go through paper work or what?
Nowhere it does say that a woman is divorced after saying tree times talaq! This is not Islamic, this is cultural and then religion is blamed for that!
Has our Prophet ever done this or brought this kind of teaching? And then people here dare to say they are muslims. They are not muslims, they are jews and christians following the mosaic laws!
what a crap this is...
Re: divorce
We will never be over. Never, you hear me?