More and more couples are getting married abroad – whether it’s a destination wedding, an international partnership, or relocating after marriage. But when relationships break down, this raises some important, and potentially thorny, legal questions.
If you tied the knot overseas and now live in this country, you may be wondering about divorce in the UK if married abroad. The short answer is yes, it is possible, but there are specific requirements you’ll need to meet.
Whether you’re a British citizen who married a foreign national overseas, or you were both born and married abroad before making the UK your home, your international marriage could significantly impact your divorce proceedings. Here’s how.
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.
Domicile Vs Being Habitually Resident
Understanding the difference between domicile and habitual residence is crucial when seeking divorce in the UK if married abroad. These legal concepts determine whether English courts can handle your case.
What is habitual residence? Habitually resident divorce proceedings require proving you have the right to live in the UK and intend to stay for a substantial period. This is typically easier to establish than domicile status.
What is domicile status? Domicile is a more permanent legal status. Your domicile of origin usually follows your father — if your parents were married when you were born — or your mother if they weren’t. Changing your domicile requires living permanently in a new country with no intention of returning to your country of origin. This is a complex legal process.
When can you divorce in the UK? Under Article 3 Brussels II, English courts have jurisdiction if either spouse meets the residency requirements. You can apply for divorce or dissolution if you meet any of these criteria:
- Both spouses are habitual residents in England and Wales
- Both were habitually resident before divorce proceedings, and one still lives here
- Your spouse is a habitual resident here
- You are a habitual resident and have lived here for at least one year
- You are a habitual resident for six months AND have domicile status
- Both spouses have domicile status in England and Wales
Key point: If your spouse has moved overseas but you remain habitually resident, you can still start divorce proceedings.
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.
Frequently Asked Questions About International Divorce
Q: How much does an international divorce cost?
A: The cost of an international divorce in the UK varies depending on complexity. For spouses who can reach their own conclusions about the likes of child arrangements and asset division (without arbitration), it will cost around £2-3k+VAT. If major differences of opinion make collaboration unlikely, the separation will usually cost much more.
Q: Can I get a divorce if my spouse lives in another country?
A: Yes, you can divorce in the UK even if your spouse lives abroad, provided you meet the jurisdiction requirements. Under Article 3 Brussels II, English courts have jurisdiction when either spouse:
- Is habitually resident in England and Wales.
- Has domicile status in England and Wales.
- Was habitually resident before divorce proceedings and one spouse still lives here.
Commonly, one of the biggest challenges is properly serving divorce papers internationally, which requires following specific legal procedures and may involve additional costs.
Q: Will my partner get deported if we divorce in the UK?
A: No, your partner won’t be automatically “deported”. However, their immigration status will be affected if their visa was based on your relationship. Here’s what happens:
- Spouse Visa Holders: Their leave to remain will end when the relationship ends.
- Notice Period: They’re usually given a specified time period to either leave the UK or apply for a different visa.
- Alternatives: They may be able to apply for other visa categories or Indefinite Leave to Remain, if eligible.
The key is acting quickly and seeking immigration advice before the current visa expires.
Q: Could I lose my residency if I get divorced in the UK?
A: Your residency status depends on the type of visa you hold:
- Spouse Visa Holders: Yes, your right to remain ends when the relationship ends.
- EU Settlement Scheme: You may retain rights if you meet specific criteria and were living in the UK when the marriage ended.
- Indefinite Leave to Remain: Generally unaffected by divorce.
- British Citizenship: Is unaffected by divorce.
You must notify the Home Office about your change in circumstances and may need to apply for a different visa category to remain legally in the UK.
Q: What happens to a UK spouse visa after divorce?
A: When you divorce or separate while on a UK spouse visa:
- Your Visa Becomes Invalid: You’re no longer entitled to remain on a spouse visa.
- You Must Notify the Home Office: This is a legal requirement.
- Limited Time to Act: You’ll be given a specified period to either leave the UK or apply for a different visa
- Alternative Visa Options: These may be available, and include:
- Work visas (if you have a job offer).
- Student visas.
- Other family-based visas.
- Indefinite Leave to Remain (if eligible).
Q: How can I cancel my spouse visa?
A: To cancel your spouse visa:
- Notify the Home Office Immediately: Use form MCC (Migrant Change of Circumstances) or contact them directly.
- Provide Information:
- Your visa details
- Date of separation/divorce
- Current address
- Future travel plans
- Voluntary Departure: If you plan to leave the UK, inform them of your departure date.
- Seek Legal Advice: Before cancelling, explore whether you’re eligible for other visa categories
*Important Note: Don’t cancel your visa until you’re certain about your plans, as you cannot easily reverse this decision.
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.
