Can you get divorced in England & Wales if you married abroad? Key legal considerations explained

We outline how an overseas marriage is treated under English and Welsh law for anyone considering divorce.
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January and September are commonly viewed as the most ‘popular’ months to begin divorce proceedings. Here, Debbie Heald from our family team takes a closer look at why September sees so much divorce activity and sets out some top tips for anyone considering divorce as the next step in their separation.
Few divorces are commenced over the summer period to avoid disrupting family holidays and trips. They’ve often long been in the diary, with children excited and couples having saved up to go away for some time. That’s typically why many couples choose to delay major decisions — such as separation or divorce — and reassess their positions in September.
Children returning to school in September is another factor that makes it easier for parents (on a practical level) to obtain advice and provide their solicitor with instructions discretely, with minimal impact on their children. The start of the new academic year brings about structure and normality, which for many couples provides a clearer mind to make big life decisions.
The summer holidays can be a stressful time for both working and non-working parents. Whether couples are juggling childcare or one takes on the lion's share of the childcare responsibilities while the kids are off school, tensions can be heightened during this time. This may place strain on a relationship, especially where issues already exist.
Some couples hope that spending quality time together over the summer will rebuild and strengthen their marriage and family unit. If — on reflection — the summer hasn’t lived up to expectations and the cracks in the relationship remain, legal advice is often sought to understand the options and potential next steps.
In much the same way as January, the month of September marks the start of a new academic year, which can often be seen as a fresh start and motivate changes and resolutions.
Plus, as the summer ends, attention starts to turn to festive preparations. Perhaps the thought of spending an unhappy Christmas together could trigger many couples to seek divorce advice. Taking this step in September may also provide sufficient time for Christmas child arrangements to be discussed and agreed.
When you add the current cost-of-living crisis into the mix — which is placing additional financial pressures on couples, especially when presents are added to the shopping list — it’s easy to see why September sees so many explore their options.
How you prepare for a divorce practically, financially, emotionally and legally can make a significant difference to the process and (in some cases) the outcome. It’s therefore advisable to consider and prepare as much as possible in each area.
Whether you’re considering annulment, judicial separation or waiting to divorce, we’re here to help you navigate your next steps with clarity and confidence.
Our specialist family lawyers advise individuals across all types of separation and divorce proceedings. We’ll work with you to find the best legal route forward — and protect your interests, finances and future.
Give us a call on 0333 004 4488, email us at hello@brabners.com or complete our contact form below.

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We outline how an overseas marriage is treated under English and Welsh law for anyone considering divorce.

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