There are many reasons you might choose to divorce in the UK, even if you were married overseas. This is possible, as long as you can prove that the marriage was valid, and you meet jurisdictional criteria.
Will my marriage be recognised in the UK if I got married abroad?
Usually, if you can provide a valid marriage certificate (and translation of this, if needed) then this will enable you to begin divorce or dissolution proceedings in England and Wales provided you meet the other jurisdictional requirements.
For a marriage overseas to be legally recognised in English and Wales, the marriage must be lawful and therefore recognised in the country in which it took place. This means, the marriage ceremony must have been carried out in accordance with the local customs and followed the law in the country where it took place. If so, then the marriage will usually be recognised in England and Wales. In some circumstances it may be necessary to apply to court in England and Wales for recognition of a foreign marriage, but this is unusual.
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 application issued appropriately.
In contrast, if the marriage is found to be unlawful or is not recognised in the country it took place, then it will probably not be considered to be a valid marriage in England and Wales and therefore the couple would not be able to apply for a divorce. However, it is recommended that you take advice from an international family lawyer who can advise you on your personal circumstances.
Even if your marriage is recognised in England and Wales, in order to divorce in England and Wales you must still meet the relevant requirements as to jurisdiction. For instance, to make a divorce application, or an application for dissolution of a civil partnership in England and Wales, a person must satisfy one of the following grounds:
- The separating couple are habitually resident in England and Wales.
- The separating couple were last habitually resident in England and Wales and one of them continues to reside there.
- The person responding to the divorce or dissolution petition is habitually resident in England and Wales.
- The person starting the divorce or dissolution proceedings is habitually resident in England and Wales and has resided there for at least one year immediately before starting the proceedings.
- The person starting the divorce or dissolution proceedings is domiciled (i.e. the country you consider to be your permanent home) and habitually resident in England and Wales and has resided there for at least six months before starting proceedings.
- The separating couple are both domiciled in England and Wales.
- One of the spouses or civil partners is domiciled in England and Wales.
Specialist family lawyers can advise you as to whether you might be habitually resident or domiciled in England and Wales.
It is not unusual that people may have a choice as to which country in which to divorce. It is important to take specialist advice about the jurisdictional requirements of the country where a person is seeking to start divorce or dissolution proceedings. We work closely with a network of international family lawyers who can help our clients understand which countries they may be able to divorce in. This helps our clients to assess which might be the most advantageous jurisdiction for them to start divorce proceedings.
Will my divorce be recognised in the UK if I got married abroad?
Provided you meet the criteria to divorce in England and Wales your divorce will be valid and recognised here, even if you married overseas. However, you may also wish to take advice abroad if you also wish to ensure that your divorce will be recognised overseas.
How do I show evidence of my marriage abroad?
If you intend on getting a divorce or dissolution of a civil partnership in England and Wales the court will need to be provided with your original marriage certificate. If your marriage certificate is not in the English language, then you will need to provide the court with a certified translated copy along with the original marriage certificate. Your family law solicitor can assist you with obtaining an appropriate translation.
What if I don’t have the original marriage certificate?
If you do not have the original marriage certificate to provide to the court, then you will need to try and ascertain this or obtain a certified copy. This is usually done by contacting the Registrar or relevant local body in the country of marriage. However, this copy must be marked as a true copy of the original as a photocopy will not be accepted by the court.
Once you are in receipt of the original marriage certificate, a certified copy or a certified translation of the certificate, then you will be able to apply for a divorce in the court in England and Wales.
Where should I get divorced if I got married abroad?
Deciding where to get divorced if you got married abroad will depend on the facts of your individual case as one jurisdiction may have financial or other advantage over another. It is strongly advised that you should seek specialist family law advice in each jurisdiction that you may be able to issue proceedings in so you can weigh up the pros and cons of each option and make the best decision for you.
However, there are factors that you should consider when deciding upon what country to divorce in, these include:
- Where your assets, including pensions are based.
- Practical considerations, for example, will you be required to attend court? How practical/ costly might that be? Are there any language barriers? Would this cause delay?
- How the court will approach a financial settlement and what types of financial orders they are likely to make.
- How the court may approach child arrangements concerning any children of the marriage (if any).
- How easy it is to enforce orders made by the court, in that country or another.
- Whether you have signed a pre-nuptial agreement and if this is likely to be upheld or taken into account.
Are there advantages if I choose to divorce abroad?
If you have a choice of country you can divorce in, it is best to consider which country could offer you the best outcome. For example, one country may provide you with a better financial settlement, but it might be very difficult to enforce the order because of the assets are based overseas. Furthermore, you will also need to consider the practicalities of divorcing in another country such as delay, costs and if the country speaks your preferred language.
For advice on specialist international family law issues please do not hesitate to contact a member of our team.
