The location of your marriage can have an impact upon the place in which you are able to divorce.
You may not be able to divorce in England if your overseas marriage is not recognised here. However, in the majority of cases there will be very few marriages that have taken place abroad that will not be recognised in England and Wales.
In England and Wales the Court can issue divorce or dissolution proceedings in relation to the majority of marriages or civil partnerships that will have taken place abroad. However, this will depend upon where the marriage took place in addition to the circumstances of the marriage itself. In general, in England and Wales, the Court requires that the marriage must have been validly conducted in accordance with the laws of the country in which the marriage took place. It will then be considered whether that marriage can then be recognised as a valid marriage under English and Welsh law. In some circumstances it may be necessary to apply to Court in England for recognition of a foreign marriage but this is unusual.
The fact that a marriage may not be permissible in England and Wales, e.g. a polygamous marriage should not have an impact. However, you made need to take specialist family law advice to clarify the position.
Occasionally, people who marry abroad may have a civil registry office marriage in addition to a religious ceremony. It is advisable to provide your family lawyer with details of both marriages so that the local laws can be considered and a divorce issued appropriately.
Even if your marriage is recognised in England and Wales, in order to divorce in in England Wales you must still meet the relevant requirements as to jurisdiction and specialist legal advice on this issue should be taken.
For advice on specialist international family law issues please do not hesitate to contact a member of our team.
