I wrote here just yesterday about a case in which a man was trying to show that a marriage that he was alleged to have entered into in Nigeria did not, in fact, take place. Obviously, the issue was of considerable importance, not least because if there had not been a marriage then the ‘wife’ could not have got a divorce, and could not, therefore, have made any financial claims against the man within those divorce proceedings.
But what if the parties do actually go through a marriage ceremony? Surely, then, it is clear that there is a valid marriage, and that therefore financial claims can be made in any future divorce proceedings?
Well, not necessarily. Many couples go through marriage ceremonies in England and Wales that are not recognised by the law.
The inevitable result of this is that if those marriages break down the spouses, in particular, the wives, are left without the ability to make financial claims on divorce. That, in turn, means that many of those spouses are left in dire financial straits, and even homeless.
Register Our Marriage campaign
These issues were highlighted last week in an article on the Law Society’s website, by Siddique Patel, a solicitor specialising in Islamic family law. Siddique is Deputy Director of Register Our Marriage, an organisation campaigning to raise awareness of the issue and to ensure that all religious marriages are legally registered to protect the family unit.
Surely, it cannot be right that someone who believes themselves to be married, and who has made exactly the same commitment, is not protected by the law? I realise that to be a valid marriage entered into in this country must comply with certain formalities, but surely, in this multicultural society, we can find a way around that issue?
It also does not make any logical sense that certain faith marriages are not recognised. After all, the Church of England, Jewish and Quaker marriages entered into in this country are recognised. Why not Muslim, Catholic or Sikh marriages? I know that it is possible for the religious places of these faiths to be registered as places for the performance of marriages, but most of them are not. If we have a system whereby marriages can be ‘faith marriages’ not just civil marriages, then why treat some faiths differently?
And the other logical absurdity is that English law can recognise foreign marriages that have not complied with our formalities. Foreign marriages will be recognised by English law if they comply with the law of the country where they took place. Surely, if (for example) a Muslim marriage entered into abroad is recognised, shouldn’t a Muslim marriage entered into in this country also be recognised?
Basic protection of cohabitees’ rights
I don’t know whether the campaign to register faith marriages will gain traction. Hopefully, it will, and all marriages will be treated equally by the law. However, before I end I should mention one other possibility, which would provide those who have entered into an unregistered faith marriage at least a degree of protection.
I am talking about basic property rights for cohabitees. It really is about time that this long-awaited reform was enacted. Those who have devoted a significant part of their lives to a cohabiting relationship should have some measure of financial protection if the relationship breaks down, as the Law Commission recommended as far back as 2007. We are not talking about giving cohabitees the same rights as married couples – the level of financial protection proposed for cohabitees falls far short of that presently available on divorce. However, if we had basic property rights for cohabitees then at least who entered into an unregistered faith marriage would have some protection, even if it is not what they should have.
You can find out more about the Register Our Marriage campaign on its website, here.