If I married abroad, can I divorce in the UK?

It is estimated that between 2019 and 2024, 20% of all British marriages took place abroad. The reasons for this rise in destination weddings are many and varied but can include cost-effectiveness, wanting to marry in a partner’s home country, wanting a small and intimate wedding with just a few chosen guests and the desire to marry in a location that is significant to you both.

In the excitement of the wedding, it is hard to anticipate that one day the relationship may breakdown. And yet, if this is the case it is important to understand the legal landscape and potential complexities of seeking a divorce when you’ve married abroad.

Can I divorce in the UK if I married abroad?

Under English and Welsh law, for most divorcing couples the answer will probably be yes if certain legal conditions are met.

These include:

• Having a valid marriage certificate in the English language. The certificate will need to be translated if it is not written in English
• That the marriage is recognised as legal in UK law. This generally means that it satisfies the following criteria:
  • • That the marriage 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.
    • Any previous marriages had been properly terminated.
• That the couple have sufficient connection to England and Wales in terms of habitual residence and domicile.

Proof of habitual residence and domicile

For the English and Welsh courts to have the jurisdiction to grant a divorce, the following conditions must be met:

• Both parties are habitual residents of England or Wales – this means that this is where they live, work and any children go to school.
• Both parties were habitual residents of England or Wales but now only one party lives there.
• One party is a habitual resident of England or Wales and has resided there for over a year.
• Both or either party is domiciled in England or Wales – domiciled refers to the country a person was born in and/or where their closest ties and most permanent life is based.
• One party is habitually resident in England or Wales and has resided there for over 6 months, as well as being domiciled in England or Wales.

The rules around habitual residence and domicile can be complex and we would always recommend you consult a family lawyer to help you navigate the divorce process.

Further information on this topic can be found on the Government website here https://www.gov.uk/divorce

If you are struggling with issues arising from separation and divorce, 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.

To book an appointment please call 01444 472700, email us at [email protected] or complete the form below.