It’s common for modern relationships to have an international dimension. The truly global nature of the world we live in means that couples are no longer expected to live, marry and raise a family in the same country. Perhaps you’re a Brit who married a foreign national overseas before settling down in either this or your spouse’s country of origin. Alternatively, you could have been both born and married abroad before coming to call the UK home. Whichever applies to you, this could have a significant impact if your relationship is coming to an end.
Whatever your circumstances may be, if you’ve tied the knot in a different country and are now looking to separate, the question you’ll be asking yourself is: “Can I divorce in the UK if I married abroad?”
Will My Overseas Marriage Be Valid in England and Wales?
For anyone considering divorce in the UK when married abroad, the first question is often, “Is my marriage even recognised here?”. As is often the case with complex legal matters, there’s no simple answer to this. Much will depend upon where the ceremony took place and if you satisfied that country’s legal requirements to begin with.
If your marriage was legally valid in an overseas country, it will usually be recognised by English and Welsh courts. For more detailed advice about your specific case, you are encouraged to check with an established international solicitor, or the General Register Office.
Do We Need to Be Domiciled or Habitually Resident to Divorce in England and Wales?
To divorce in the UK if married abroad, you will need to first establish jurisdiction here. This will require you to be habitually resident in England and Wales, or to have domicile status. Of these, habitual residence is easier to attain, as it relies upon you spending time in a country, rather than having more permanent historical ties there.
Domicile Vs Being Habitually Resident
Establishing yourself as being habitually resident in the UK means proving that you have right of residence and plan on staying in the country for some time. In comparison, being a domicile is a more lasting status. If your parents were married at the time of your birth, your domicile of origin will usually mirror your father. If they weren’t, your status will instead mirror that of your mother.
Changing your domicile is a complex process that requires you to live permanently in a new country, with no intention of returning to your original country of origin.
If your spouse has left the UK to live overseas, but you’re still habitually resident, divorce proceedings can be started. If, however, you both live abroad, you would need to have domicile status. As per Article 3 Brussels II, the English Courts have jurisdiction if either of you has domicile or resident status. Therefore, if you can meet any of the following criteria, you can apply for a divorce or dissolution:
- You and your spouse are both habitual residents here.
- You were both habitually resident pre-divorce, and one of you still lives in England and Wales.
- Your spouse is a habitual resident here.
- You are a habitual resident and have been here for at least a year
- You are a habitual resident, have been here for 6 months, but also have domicile status.
- Both you and your spouse have domicile status in England and Wales.
Can You Divorce in the UK if Married Abroad?
Although it’s rare that people are obligated to get divorced in the same country in which they were married, you will first need to meet specific eligibility criteria. The most important of these is that your marriage was legal in the overseas jurisdiction in which it was created. It will also need to comply with wider English and Welsh laws.
If you’re wondering, “Can you divorce in the UK if married abroad?” you will need to make sure that:
- You Have a Legal Marriage Certificate: If your wedding took place overseas, it will need to be translated into English. The translation will need to be certified and must be included as part of the divorce petition when sent to the court.
- Your Marriage is Valid in England and Wales: In countries where English/Welsh law was applicable, your marriage should be formally recognised in the UK. If it was carried out in accordance with local laws, it will only be valid in the UK if those laws don’t contradict the English and Welsh equivalents.
- You Meet UK Requirements: If you meet English and Welsh residency requirements, you can file for divorce here.
One of the biggest challenges in establishing a legal overseas marriage is ensuring that it was lawful according to local customs. These customs might include factors like the number of witnesses necessary and strict adherence to any religious aspects. As long as your ceremony met these requirements, it will ordinarily be classed as being legitimate, making it valid for divorce in the UK .
Could Divorcing Abroad Be in My Best Interests?
The UK has been loosely termed ‘the divorce capital of the world’ on account of the high value financial settlements that have been made in recent times. For some spouses, the country’s reputation for equality in cases where there are significant assets makes it more likely to result in a positive settlement. For others, divorce in the UK if married abroad might actually be less advantageous than it would be overseas.
Ultimately, most jurisdictions could present a divorcing couple with both opportunities and challenges. Much will depend upon individual circumstances and whether you’re aiming to secure your fair share or safeguard your best interests. This kind of decision has serious ramifications, so your first step should be to obtain legal advice tailored to your objectives.
Divorce in the UK if Married Abroad: The Key Questions
Before you make a decision, it’s important to remember that there isn’t a hard and fast rule when it comes to divorce in the UK if married abroad. Every relationship is different, not only in terms of the assets being divided but also in regards to who wants what kind of outcome. For some, a global business and overseas properties will be the priority. For others, child arrangements and timeliness are all-important.
Before your initial appointment with a solicitor, think about your most urgent questions in advance. They often include:
- How quickly will this be resolved in England and Wales compared to other relevant countries/jurisdictions?
- Is my prenup recognised in both countries?
- Will my nuptial agreement carry the same weight in both countries?
- How do the courts in these countries generally approach financial settlements?
- How do they typically approach child arrangements?
- Are there any cultural/linguistic barriers?
- Can my solicitor enlist international lawyers and translators to assist?
It’s important to use your initial consultation wisely, so highlighting your priorities beforehand should ensure a more efficient use of your time.
Lowry Legal Puts You First
At Lowry Legal, we appreciate that no two relationships are ever the same. That’s why putting you first is one of our core values. Knowing what makes you tick not only sets you at ease, it also makes it easier to create a strategy that is perfectly aligned with your objectives.
Our specialism in high net worth separations means we know exactly what it takes to reach even the most complex settlements. We’ve helped our clients to address everything from child arrangements to the division of intricate business assets, pensions and trusts. Whether you’re looking to obtain your fair share from the relationship, or need reliable guidance that gives you a better chance of protecting your most precious assets, we can assist.
For astute guidance that takes everything you value into account, make an enquiry today.
