There are many reasons why couples choose to marry abroad.  They may be UK residents living overseas or residents of another country who have moved to the UK since their wedding.  They may just be people who wanted to get married in a place they love because of the weather and the scenery.  Whatever the reason, if they eventually decide to separate, there is often uncertainty as to whether couples that marry abroad can divorce in the UK.

In this blog we will address how to divorce in the UK if you have married abroad.  We’ll also answer a few of the other frequently asked questions regarding overseas marriages.

Are marriages abroad recognised in the UK?

One of the first questions a couple wishing to get married abroad asks is whether their marriage will be officially recognised in the UK.

Generally speaking, if you marry abroad your marriage will be legally recognised in the UK as long as it was conducted in accordance with the relevant local matrimonial laws.  The most common of these is to provide the requisite notice or have the required number of witnesses.

Both parties must also be eligible to marry under the laws of the country they are permanently living in at the time of the marriage.  These conditions include age, consent, mental capacity and of course the legal termination of any previous marriage or civil partnership.

This takes us to the second question many couples ask – whether they will need to register their marriage in the UK when they return.  This is not a legal requirement if all the local legal requirements have been observed.  If this is the case, the marriage will be recognised as legally binding in the UK.

The couple will also need to return with recognised evidence of their marriage.  This is an original copy of the marriage certificate.  The certificate will also need to be translated into English if the original version was not in English.

However, it is possible to contend the legality of the marriage if there is clear evidence to show the marriage did not adhere to all the relevant local legal requirements. 

If you decide to separate, can you divorce in the UK if you were married abroad? 

If you have married abroad, you can obtain a divorce in England if you can prove:

• You are a permanent resident of the UK
• Your marriage was conducted in accordance with local laws

Under new provisions inserted into section 5(2) of the Domical and Matrimonial Proceedings Act 1973 (which superseded the Brussels II (a) regulation as of 1st January 2021) the courts will need you to meet certain requirements to ensure your divorce is recognised in the UK:

1. You must accompany your divorce petition with a valid marriage certificate (translated into English if required).

• Your marriage must be recognised under UK law.  If the marriage took place in a country where English or Welsh law was applicable, this is straightforward, but it will also be recognised as valid if, as we’ve said, it was conducted according to local law.  This is crucial.  If the marriage isn’t lawful, you cannot divorce.

• You meet residency requirements (at least one spouse must be habitually resident in England and Wales, or one spouse must consider the UK their permanent home) and file for divorce in the UK courts stating the grounds for divorce.

If you have met these criteria the next step is the same as in any other divorce in the UK.  You will file your application. 

Under ‘no-fault divorce’ couples no longer need to assign blame for the breakdown of the marriage in their application and a statement of irretrievable breakdown is enough to start the Divorce process. 

You can make your application either as an individual or as a couple.  A joint application is often received more warmly by the courts as it shows you are willing to progress proceedings more collaboratively which suggests the process is likely to run more smoothly and involve less conflict.

If you or one of your clients would like to discuss progressing a divorce or separation having married abroad with one of your experienced family barristers, please contact us today to arrange your initial consultation.