Key Facts
- •Zeeshan Javed (A), a Pakistani national, sought indefinite leave in the UK under the EU Settlement Scheme based on his marriage to Silvia Antonova Yankova (Y).
- •A and Y had an Islamic marriage ceremony in Birmingham on 10 October 2016 and a subsequent ceremony under s 20 of the Marriage (Scotland) Act 1977 on 2 May 2019.
- •Their marriage was dissolved on 23 July 2021.
- •A's application was refused because his marriage had not lasted three years before the divorce proceedings began.
- •A appealed, arguing his marriage began on 10 October 2016, citing an alleged Pakistani marriage.
- •The appeal focused on whether the 10 October 2016 Islamic marriage was valid under Scots law.
Legal Principles
An Islamic marriage in the UK doesn't automatically comply with UK marriage acts and isn't formally valid.
The case's analysis of Islamic marriage law.
Foreign marriages are recognised in the UK if they comply with the law of the country where they took place.
s 38(1) of the Family Law (Scotland) Act 2006 and common law (England and Wales).
Section 20 of the Marriage (Scotland) Act 1977 allows for the solemnisation of a marriage if there's doubt about the validity of a prior ceremony. It doesn't revoke or replace a previously valid marriage.
Analysis of s 20 of the Marriage (Scotland) Act 1977 and academic commentary.
There's a presumption in favour of the validity of a marriage if celebrated, registered and a certificate is produced; onus is on proving otherwise.
Crawford and Carruthers’ International Private Law: A Scots Perspective (4th ed) at 11-26.
Outcomes
The appeal was dismissed.
A failed to provide sufficient evidence of a valid marriage in Pakistan on 10 October 2016. The evidence presented, including the Bulgarian certificate and the statements by A and Y, was deemed insufficient to prove a valid Pakistani marriage.