Islamic divorce in Australia: religious and legal steps

If your marriage is ending in Australia, there are usually two separate steps: the religious divorce and the legal divorce. This is general information, not legal or religious advice.

Religious and legal divorce are different

A religious divorce, such as talaq or khula, ends the marriage in Islam. It does not end a legal marriage. A legal divorce is granted by an Australian court and covers the legal end of the marriage. Property and parenting arrangements are dealt with under family law.

See khula explained and Islamic divorce for the religious side.

The religious side

• Talaq is divorce initiated by the husband, following the conditions scholars set.
• Khula is divorce initiated by the wife, often with the return of the mahr or agreed compensation.
• A decision by a qualified imam or Islamic council, available in many communities.

Scholars differ on details, so speak to a qualified imam.

The legal side

Under Australian family law, a divorce is generally granted after a period of separation, and it is a separate process from dividing property and arranging care of children. A family lawyer, or a community legal service, can explain what applies to you.

Was the marriage legal?

If the nikah was never legally registered, there may be no legal marriage to dissolve, and different rules may apply. See whether your marriage is recognised and get legal advice.

Remarrying

Make sure both the religious and the legal divorce are complete before marrying again. Read can a divorced Muslim woman remarry? and support for divorced and widowed women.

Frequently asked questions

Keep reading

More guides: is a Muslim marriage recognised in Australia?, nikah in Australia, nikah certificate and what is mahr?