Nathalie Bull acts in reported case on the recognition of unregistered religious marriages

17th March 2026

Nathalie Bull

In MA v WK [2025] EWFC 499, the Family Court (Cusworth J) considered whether Nikkah ceremonies conducted in England but not compliant with the statutory formalities of the Marriage Act 1949 could become valid marriages through subsequent registration in Pakistan. The applications were brought under s.55(1) of the Family Law Act 1986 seeking declarations as to marital status.

Background

Three applicants had each participated in聽Islamic Nikkah ceremonies in England聽that did not comply with the formal requirements of the Marriage Act 1949 and were therefore accepted to be聽鈥渘on-qualifying ceremonies.鈥�

  • In two cases, the applicants produced evidence that the marriages had later been聽registered in Pakistan聽(one apparently shortly after the ceremony; another decades later).
  • In the third case,聽no evidence of registration聽abroad was provided.

The applicants argued that聽registration in Pakistan created a valid Pakistani marriage, capable of recognition in England and Wales as a valid foreign marriage.

The聽Attorney General intervened, opposing that position.

Issue

Whether a聽non-qualifying religious ceremony conducted in England聽can become a聽valid marriage recognisable in English law聽by virtue of聽subsequent foreign registration.

Decision

Cusworth J聽refused the declarations聽sought. The court held that聽registration abroad cannot transform a non-qualifying ceremony in England into a valid marriage.

Key Reasoning

  1. Lex loci celebrationis governs formal validity
    The validity of a marriage is determined by聽the law of the place where the marriage is celebrated. Since the ceremonies took place in England, they had to comply with the聽Marriage Act 1949.
  2. Non-qualifying ceremonies cannot be retrospectively validated
    Because the ceremonies did not comply with statutory requirements, they were聽non-qualifying ceremonies聽rather than void marriages. Foreign registration cannot convert them into legally recognised marriages.
  3. Registration does not determine the place of celebration
    The applicants鈥� argument that聽registration should determine the relevant lex loci聽was rejected. The court held that聽the location of the ceremony鈥攏ot later administrative registration鈥攄etermines validity.
  4. Recognition of a 鈥渞ecognition鈥� is impermissible
    Even if Pakistan recognised the marriages, English courts could not recognise聽a foreign recognition of something that English law treats as a non-marriage.
  5. Presumption of marriage unavailable
    The doctrine of presumption of marriage could not apply because there was聽positive evidence that the statutory formalities had not been complied with, which displaces the presumption.

Practical Significance

The decision reinforces the Court of Appeal鈥檚 approach in聽Akhter v Khan聽that聽religious ceremonies in England which do not comply with statutory formalities remain 鈥渘on-qualifying ceremonies.鈥�

It confirms that:

  • Foreign registration cannot retrospectively validate such ceremonies, and
  • Parties who wish their marriage to be recognised in England and Wales聽must comply with the Marriage Act 1949 at the time of the ceremony.

The judgment is likely to be of continuing relevance in聽cases involving unregistered religious marriages and cross-border attempts to secure recognition through foreign registration.

Nathalie Bull (pictured above) represented the third respondent.

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Nathalie Bull is a senior family law barrister with over 20 years鈥� experience at the Bar, practising exclusively in family law. Nathalie is ranked in both Chambers and Partners and the Legal 500 directories, who comment that 'She is always well prepared and tough in cross examination. She has an excellent manner with clients, being empathetic while giving sensitive but robust advice.' For more information or to instruct her, please contact her clerk Ian Charlton.