Can I divorce in the UK if I was married abroad?
We've paused taking on new work relating to marriage abroad
As we pride ourselves on delivering excellent customer service, we have decided to refrain from taking on these types of divorce matters until further notice. We are now at capacity for this work type, and feel that it would be unfair to take on any new matters.
We hope that you understand our decision, and we wish you well in your search for alternative representation. Hopefully business will be back to usual shortly.
Couples may marry abroad for a variety of different reasons. Either they are residents of the UK and choose to marry in a ceremony abroad or they were residents of another country at the time of marriage but now live in the UK.
Either way, people may still seek to get divorced in the UK regardless of where their marriage took place. As Family Solicitors & Divorce Lawyers in Leeds we always seek to achieve a fair outcome.
If I get married in a different country, will my marriage still be recognised in England?
More often than not the answer to this question will be yes. For a foreign marriage to be valid in the UK however it must have taken place in accordance with the local custom and law of the country where the marriage took place.
Can I divorce in England if I married abroad?
You can still obtain a divorce in England providing that certain criteria regarding domicile or habitual residence are satisfied.
From 1st January 2021, Brussels II (a) regulation no longer applies to England and Wales.
Brussels II (a) rules as to jursidiction are substantially replaced by new provisions inserted into section 5(2) of the Domicial and Matrimonial Proceedings Act 1973.
For cases instituted on or after 1st January 2021, the above grounds for jurisdictin are slightly varied by regulation 7 and paragraph 7 of the Schedule to the Regulations:
- both parties to the marriage are habitually resident in England and Wales
- both parties to the marraiage were last habitually resident in England and Wales and one of them continues to reside there
- the respondent is habitually resident in England and Wales
- the applicant is habitually resident in England and Wales and has resided there for at least six months immediately before the application was made
- the applicant was domiciled and habitually resident in England and Wales and has resided there for at least six months immediately before the application was made
- both parties to the marriage are domiciled in England and Wales; or
- either of the parties to the marriage are domicilied in England and Wales
Sole domicile has been added to the primary grounds.
Broadly speaking, this would usually mean that if both you and your spouse are living outside Europe and one of you are domiciled in England and Wales you can still issue a Divorce Petition in England.
Domicile and habitual residence are complex legal concepts and it is correct to say that many cases do depend entirely upon their own individual set of facts.
Are there advantages if I choose to divorce abroad?
It can be more advantageous financially if you divorce in another country. England has been dubbed the “divorce capital of Europe” because of the wide ranging discretionary powers that the English court has and it is well known that the English courts can be very generous to wives who are pursuing financial claims.
If you are someone who is faced with a situation where you are able to divorce in more than one country you need specialist legal advice. Even if you are able to divorce in England therefore you do need to consider the other implications which might be involved in starting the divorce proceedings in England.
For further legal advice about obtaining a divorce, including islamic divorces, or any other family matter complete our contact form and we will get back to you.
A divorce is likely to take a minimum of 30 weeks. This process can however be lengthier if there are financial matters to also resolve.
You only require either a good colour scan or photograph of the original that is clear and shows all four corners of the document. If the certificate is not in English, you also require an official translation of the certificate.
It is rare to have to attend court for a divorce particularly now it is now no longer possible to defend an application for divorce save in very exceptional situations.
If your marriage was legally recognised in the country your marriage took place, you can commence a divorce in England if you are habitually resident or domiciled in England or Wales.
