You can usually still get divorced in England and Wales if you were married abroad, as long as certain conditions are met. This article takes a look at the process of divorce if you were married in another country and answers some of the most commonly asked questions on this topic.
You can get divorced in England or Wales if:
- Both spouses are habitually resident in England and Wales.
- Both spouses were last habitually resident in England and Wales, and one of them still lives there.
- The respondent is habitually resident in England and Wales.
- The applicant is habitually resident in England and Wales and has lived there for at least one year immediately before the application.
- The applicant is domiciled and habitually resident in England and Wales and has lived there for at least six months immediately before the application.
- Both spouses are domiciled in England and Wales.
- Either spouse is domiciled in England and Wales.
Even if your wedding took place abroad, what matters is your current connection to England or Wales.
How to get a divorce if you married in another country
If you’re considering divorce and you married in another country, it is recommended to do the following:
Step 1: Check your marriage is legally recognised here
The key consideration when checking if your marriage is recognised in England and Wales is whether the marriage was legally valid under the laws and customs of the country where it took place. This could include needing a certain number of witnesses or having both a civil and religious ceremony. If the ceremony followed local requirements, the marriage is usually considered valid here.
If it didn’t meet those legal or customary rules, the marriage may not be recognised as lawful and if the marriage wasn’t lawful in the first place, you won’t need a divorce.
Step 2: Apply for divorce in the usual way
If your marriage is considered valid in the UK, you can usually apply for divorce in the normal way, either via the UK Government website, or by post. You can do this on your own or as a joint application with your spouse.
You will need to pay a court fee for the divorce application. You may be eligible for financial help with paying for court fees. You can find more information on this at gov.uk.
Will my divorce take longer if I got married abroad?
Your divorce shouldn’t take any longer than it would if you got married in the UK. What tends to slow down divorce proceedings in this context is if you are unable to contact or locate your spouse. This doesn’t mean the divorce can’t go ahead; it just means you will have to take some extra steps in order to ensure you’ve done everything you can to contact your spouse and notify them of your divorce application. You can find more information on what to do if you can’t locate your spouse, here.
Is it sometimes better to get divorced abroad rather than here?
If you got married abroad and you or your spouse are a resident of another country or have dual citizenship, you will likely have more than one option for where you can apply for a divorce. Where you choose to get divorced can impact the financial settlement you receive, so it is best to explore all options before you go ahead with your divorce application. A solicitor can advise you on the best option for your situation.
Understand your rights. Speak to an expert.
Divorce law can be complicated at the best of times, but especially if you are dealing with more than one jurisdiction. Call 0800 321 3832 or complete our quick online form to book a free, no-obligation consultation with a member of our team.
Catherine Edmondson
Divorce and family solicitor Stoke on Trent
