Recognition of Foreign Marriages and Divorces | Divorce Lawyers & Family Law Solicitors | Austin Kemp

Divorce & Family Law

Recognition of Foreign Marriages and Divorces

Are foreign marriages recognised by the courts in England and Wales?

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Are foreign marriages recognised by the courts in England and Wales?

Do you have to furnish documents of the marriage? Can you get divorced in the UK if your marriage happened abroad? Here are all the answers on the recognition of foreign marriages and divorces from the expert solicitors at Austin Kemp.

Why You Should Know About the Recognition of Foreign Marriages and Divorces

But why is recognition of foreign marriages and divorces so important? Because it affects several aspects of your life such as:

Nationality

Marital status

Tax liabilities

Immigration

The ability to remarry

Wills and inheritance

Financial remedies for the concerned parties

The status of the children

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Nationality

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Marital status

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Tax liabilities

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Immigration

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The ability to remarry

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Wills and inheritance

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Financial remedies for the concerned parties

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The status of the children

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How Can Austin Kemp’s Divorce Solicitors Help You

If you’re planning to get married abroad or have already been married, it’s good to know the exact legal status of the marriage. The same goes for divorces. The experienced team at Austin Kemp can help you achieve your objectives without any hurdles.

We will explain the legal requirements customised to your circumstances and devise a swift and easy plan of action that serves your best interests. Even if you’re a British citizen currently based abroad considering marriage, it’s best to reach out to the specialists at Austin Kemp at the earliest.

We have extensive knowledge about the legal status of marriages in different countries and how the British courts perceive them. We also offer customised advice if the marriage was conducted through local customs.

The solicitors at Austin Kemp will explain to you the requirements pertaining to your unique circumstance and the importance, for example, of obtaining a marriage or divorce certificate and the procedures for the same.

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Applying for An International Divorce

Foreign marriages are typically recognised by courts in England and Wales as long as they are legally recognised in the country where the couple were married. This also includes those marriages solemnised or performed through local customs and practices.

Although the law in England and Wales doesn’t recognise marriages where one individual is already married or if it’s between close relations, a foreign marriage may still be accepted in England and Wales if the marriage procedure is legal in the country where it took place and if it is legally permitted where the individuals are domiciled.

It is also important to understand that a foreign marriage cannot and does not need to be registered in England and Wales. What’s needed is evidence of the marriage. This will usually be through a marriage certificate.

If a divorce takes place in the EU, it’s recognised in England and Wales. If it happens elsewhere, the process is more complex. It depends on multiple factors such as the individual’s connection with that country at that time and how the divorce was obtained.

No matter what your situation, the experienced solicitors at Austin Kemp will be able to give you specific information and guidance on the recognition of foreign marriages and divorces as it relates to your case.

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The Approach to Recognising Foreign Marriages and Divorces

The Foreign and Commonwealth Office used to provide a service through which you could deposit certificates of foreign marriage with the UK’s General Register Office. This was the policy until 1 January 2014, when it was discontinued.

What it means is that the concerned individuals don’t have to register their foreign marriage in the UK. What’s important is to save the original marriage certificate from the country where it occurred.

Divorces in the EU are recognised by the law of England and Wales. Divorces in other countries would need additional information for recognition. This is where the divorce solicitors at Austin Kemp will be able to assist you with situation-specific guidance.

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How the UK Recognises Foreign Marriages and Divorces

Recognition of foreign marriages and divorces is based on a fairly straightforward legal principle in the UK. If it was legal in the country where it occurred, it will be recognised in the UK. Keep in mind that even if the eligibility criteria for marriage or any conditions preventing it contradict the UK laws, a foreign marriage will still be recognised.

If you are planning to get married abroad or if you are already married, what you need is to ensure that the marriage is legal in that country. A consultation with the experts at Austin Kemp will help you understand the procedures that you will have to comply with in the country where the marriage will take place or has already taken place.

In certain cases, Austin Kemp’s solicitors will advise you to contact the British Embassy in the country to confirm whether you are following due procedure. This will help you avoid problems later on. Similarly, if the original marriage certificate is in a foreign language, the solicitors will recommend that you obtain a formal translation into English.

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What Factors to Consider When Recognising a Foreign Marriage

In the UK, the following factors are considered for the recognition of a foreign marriage.

  • Whether the marriage is legal in the country where it took place.
  • Whether the parties have complied with all the procedures required for marriage.
  • Whether the parties have the capacity (such as age, mental capacity, and consent) to marry under the concerned country’s laws.

If there’s any previous marriage, whether it was terminated according to the requirements of the UK law.

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What Rights You Have If Your Marriage Is Recognised

If your marriage is recognised, you will have all the rights that couples who get married in the UK would have. The recognition of foreign marriage will impact the legitimacy of children, nationality, heirship and tax status, immigration, entitlement to benefits and the possibility of divorce.

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How to Get Your Marriage Legally Recognised

Although foreign marriages don’t have to be officially registered, it’s always a good idea to get sound legal advice. That’s because international family law cases can end up being complex and daunting. At the root of the problem will be the validity of the recognition.

Get in touch with the seasoned solicitors at Austin Kemp to make sure that your foreign marriage meets the legal requirements of that country, which will make it easy for it to be legally recognised in the UK.

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Recognition of Foreign Marriages and Divorces

Frequently Asked Questions

International Divorce FAQs

How long does it take to get an international divorce?

The length of time that an international divorce takes to finalise, from petition to decree absolute, can vary depending on your circumstances.

Divorces involving high net worth individuals with international assets, can take much longer, as complex negotiations need to take place to work out how to split these.

As a very rough estimate, we tell our clients to expect an international divorce to take around 4 to 6 months. However, it can take significantly longer than this. The best way to ensure the process goes forward as quickly as possible is to seek the help of an international divorce lawyer, who will have direct access to international divorce networks and knowledge of country divorce laws.

Can I get an international divorce in England?

Yes, you can get an international divorce in England. However, in order to proceed with the process through English courts, you would need a sufficient connection with England and Wales.

For example, if you are habitually resident in England and Wales, you may be eligible to get an international divorce here, even if you were married elsewhere.

English and Welsh divorce law (Scottish law is a separate system) is known worldwide for being much more generous than some other jurisdictions towards the ‘financially weaker’ party. Indeed, London has become known as the international ‘divorce capital’ of the world for this very reason.

In order to get an international divorce in England and Wales, you (or your spouse) will have to fall into a particular category. Either:

  • England or Wales was the last habitual residence of you and your spouse and one of you is still living there
  • The respondent is habitually resident there
  • The petitioner has lived in England or Wales for the 12 months just before starting the divorce proceedings
  • The petitioner has lived in England or Wales for the 6 months just before starting the divorce proceedings and is domiciled there
  • Both you and your spouse are domiciled in England and Wales

There may also be some other limited circumstances where you could find that you could proceed with an international divorce in England and Wales, although this is often only if you or your spouse is domiciled there.

Where can I get an international divorce?

When thinking about where you may be eligible for an international divorce, it can be helpful to consider things such as where you and your spouse were born and where you both live now.

The rules regarding where you may be able to get an international divorce are quite complex, so it is important to speak to an experienced international divorce solicitor about your particular circumstances. However, whether or not you may be permitted to file for divorce in England and Wales, largely depends on where you and your spouse are habitually resident and where you are domiciled.

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We know that getting a divorce divides your world into two. We're here to guide you through the uncertainty and emotional rollercoaster. One step at a time.

First Class Service

Choose Austin Kemp and you'll get a premium service in all areas. We aren't the cheapest out there, but what we are is the best solution to help you get what you deserve.

Impeccable Advice

Our advice and strategy is second to none. Not all law firms are created equal. Because we're specialists, our depth of knowledge is often the edge that makes the difference.

Challenging Thinking

We work with you to get what you deserve. We don't mean that it's going to be easy – but we're here to support you every part of the journey.

Industry Leading Professionals

We have A-players at every level. We employ the best of the best, and that's why our clients choose us. Because getting the right solicitor can mean your future takes a different path.

The Right Fit

We'll make sure you have a solicitor that fits your case type. If you want a certain approach to your case – we'll make sure your solicitor has the right style for you.

Empathy

We know that getting a divorce divides your world into two. We're here to guide you through the uncertainty and emotional rollercoaster. One step at a time.

Talk to us now on 0333 311 0925

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