The parties had been married for only a few weeks. The wife sought ancillary relief.
Held: The marriage had been preceded by a pre-marital or pre-nutial agreement, under which if the husband sought a divorce (a talaq) she would recover her marriage portion, but if she did (a kuhla), she would have to negotiate a settlement. The court should, under the section, allow for the duration of the marriage and respect the cultural background of the parties. The wife was awarded pounds 35,000 to be increased to pounds 65,000 if the husband did not apply for a talaq within a certain time.
Judges:
Baron J
Citations:
Times 02-Mar-2004, [2004] EWHC 471 (Fam)
Links:
Statutes:
Matrimonial Causes Act 1973 25
Jurisdiction:
England and Wales
Family
Updated: 10 June 2022; Ref: scu.194097