I married abroad – can I divorce in the UK?

With wedding season now well underway, the popularity of overseas weddings continues to soar. Research from American Express suggests that 40% of wedding guests attended at least one overseas wedding in 2025. Top destinations include France, Spain, USA, Italy and Canada https://www.americanexpress.com/en-us/travel/discover/get-inspired/global-travel-trends.

On such a joyous occasion, nobody will be thinking about divorce but sadly, some of these relationships will not endure, resulting in separation and ultimately, divorce. Here we look at the legalities of divorcing in the UK if you married abroad.

Please note that the law varies across the UK and the information below is relevant only to English and Welsh law.

Can I divorce in the UK if I married abroad?

In most cases it will be possible to divorce in the UK if you married abroad. Usually, there is no need to seek a divorce in the country in which you were married. However, owing to potential complexities, we would always recommend that you take advice from an experienced family lawyer regarding your specific situation.

What criteria are needed to be eligible for an English or Welsh divorce?

The main requirement is that the marriage is legally recognised by UK law. This means that it must:

• Be legally recognised by the country in which it took place.
• The correct procedures were complied with.
• Both parties had capacity to marry.
• Any previous marriages had been legally terminated.

Where this is the case, other requirements include:

• Producing the original marriage certificate. Where this is lost a certified copy from the registry office where the wedding took place must be obtained.
• That the marriage certificate is in the English language. A certified translation must be organised if this isn’t the case.
• The couple have sufficient connection to England or Wales in terms of residence and domicile.

How are residence and domicile defined?

While habitual residence refers to the country in which someone lives and works, domicile refers to the country that a person was born in and where their closest ties still reside. The law around habitual residence and domicile can be complex and again, it is best to seek the advice of an experienced family lawyer to help you navigate the divorce process.

To divorce in England or Wales, one of the following must apply:

• Both parties are habitual residents of England or Wales.
• Both parties were habitual residents, and one party continues to live there.
• One party is a habitual resident of England or Wales.
• One party is a habitual resident and has lived in England or Wales for over a year.
• One party is habitually resident in England or Wales and has resided there for at least 6 months, as well as being domiciled in England or Wales.
• Both or either party are domiciled in England or Wales.

More information can be found on the government website here https://www.gov.uk/browse/births-deaths-marriages/marriage-divorce

Could I divorce abroad?

While England is known as ‘the divorce capital of the world,’ sometimes it can be financially beneficial to divorce abroad. English courts prioritise equality in financial settlements and it might be worth having an initial meeting with a family lawyer to get an idea of how your assets might be divided. You are then able to compare this with the financial remedy provision in the country that you married which would have the jurisdiction to handle your divorce.

If you are struggling with issues arising from separation and divorce, we offer a no obligation initial consultation for a fixed fee of £150 (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.

To book an appointment please call 01444 472700, email us at info@tisshawssolicitors.co.uk or complete the form below.