Can I divorce in the UK if I married abroad?

With the rise in getting married abroad, what happens when the marriage breaks down?

More and more Britons are tying the knot abroad. In fact, over 20% of us now choose to marry on foreign shores as Destination Wedding increase in popularity. The reasons behind this boom include affordability, the desire for a small event, getting married in one partner’s home country and the sentimental value of the chosen destination.

With all the excitement of a foreign wedding, it is difficult to consider what might happen if the marriage breaks down. Here we look at the factors that can complicate divorcing in the UK. As divorce law vary between countries in the UK, this advice applies to English and Welsh law.

Can I divorce in England if I married abroad?

While every case is different and we would recommend that you seek the advice and support of a family lawyer to guide you through the process, the basic answer to this question is yes, providing certain criteria are met.

These include the following:

The marriage must be recognised as legal in the UK

This means it had to take place in accordance with the local custom and law of the country. This can be a complicated area but generally, the UK will recognise a marriage where it is legally recognised by the state in the country where it took place; the correct procedures were complied with; the couple had capacity to marry, and any previous marriages had been properly terminated.

You can produce the original marriage certificate in English

If the marriage certificate has been lost, you will need to obtain a certified copy. Similarly, if the certificate is in a foreign language, you will need a certified translation.

Proof that you have sufficient links to England and Wales

This relates to domicile and habitual residence. Again, this is a complex area, but generally if you are both habitually resident or domiciled in England or Wales, or one party has been habitually resident for over a year (this reduces to six months if the party is domiciled in England or Wales), then you should be able to divorce in England or Wales.

Owing to the complexity around this issue, we would advise seeking the advice of a family lawyer to help you to navigate the process.

If you are struggling with the impact of divorce and separation, we offer a no obligation initial consultation for a fixed fee of £100 (incl. VAT), for up to one hour. At this meeting, we can advise you on all the issues relating to your personal circumstances, allowing you to make informed decisions moving forward.