Do You Have to Divorce in the Country Where You Married?

Lauren Gaines

How to divorce if you married abroad

People choose to get married abroad for various reasons. Some couples want an exotic destination wedding experience, while others might have family or cultural ties to the country they choose to have their ceremony in. Some couples marry in their country of origin before settling in the UK.

Whatever your situation, the Courts of England and Wales have the power to issue a divorce for the majority of marriages and civil partnerships that have taken place overseas. As such, many couples do not need to return to the country where they got married in order to get divorced.

Some couples might even have the option to select which country to begin their divorce proceedings in. This is an important strategic consideration when navigating the legal landscape of international divorce, as the choice of jurisdiction can greatly impact the outcome of the divorce.

I got married abroad how do I get divorced?

Regardless of where you married, it is legally acceptable for you to start divorce proceedings in England and Wales as long as you meet the following criteria:

1. The marriage is recognised as valid under English law. Generally, if a marriage ceremony follows the laws and processes of the country in which it took place, then it should be recognised in the UK. There are, however, some exceptions. A good rule of thumb is if a couple would not be able to legally marry in England and Wales, then the marriage may not be regarded as lawful here. For example, if the overseas marriage is between blood relatives, then it will not be accepted in the UK. Where there is no lawful marriage, there can be no divorce in England and Wales. Exceptions aside, you should ensure you contact the relevant authority in the country you choose to marry to ensure that the marriage is legal there. You don’t have to register your marriage in the UK provided your marriage is valid in the country you married in.
2. There is a valid marriage certificate. You will need to produce your original marriage certificate as part of your divorce application. You should therefore ensure that you keep the original marriage certificate in a safe place as it may not be easy to obtain an official copy if you misplace yours. If the certificate is in a foreign language, you will also need to have it formally translated and certified before you can submit your application to the Court.
3. One or both spouses has a sufficient connection to the UK. If England and Wales is your permanent home or where you have settled and your life is mainly based here, then you should be able to file for divorce here regardless of where you got married. People with other nationalities and residential qualifications can also start divorce proceedings in England and Wales as long as they have a sufficient connection to the UK. One of the residential qualifications must apply – these are listed below.

If all these criteria are met, then you can get divorced in England and Wales even if you got married abroad.

• Read our blog post: 8 Considerations for French Nationals Divorcing in England & Wales

Can you divorce in England and Wales if you or your spouse lives in another country?

Where one or both spouses is a foreign national and/or lives in a foreign country, you will need to establish that one or both of you has a sufficient connection with England and Wales. One or more of the following criteria needs to be true:

• Both spouses are habitually resident in England and Wales.
• Both spouses were habitually resident in England and Wales, and one of them still lives here.
• The respondent (the applicant’s ex) is habitually resident in England and Wales.
• The person making the divorce application is habitually resident in England and Wales and has lived here for at least 12 months before making the application.
• The person making the divorce application is domiciled and habitually resident in England or Wales and has lived here for at least six months immediately before they made their divorce application.
• Both spouses are domiciled in England and Wales.
• Either spouse is domiciled in England and Wales.

If you are ‘habitually resident’ in England and Wales, your everyday life happens here. For example, you are a habitual resident of England if you live here most of the time, your main place of work is here and your children attend school here.

Establishing ‘domicile’ is more complicated. Your country of domicile is the nation you consider your permanent home where you live or intend to return to. This may be the country in which you were born; however, you can also obtain a new domicile (called a domicile of choice) if you move to another country and intend to live and work there permanently.

Domicile is a more permanent concept than residence. It often takes time and evidence to establish a change in domicile and you will need to work with an international divorce lawyer to prove this for the Court.

Are there advantages if you choose to divorce in England and Wales?

Wherever you have a choice about where to divorce, it is important to seek legal advice about which jurisdiction will be better for your individual case. Every country has its own laws and procedures for handling divorce, and these can have a big impact on the outcome of your case.

For some applicants, it may be more advantageous financially to divorce in England and Wales. Compared to other jurisdictions, the Courts of England and Wales seek to achieve fairness and equality in financial settlements and recognise the contributions of home-makers as equivalent to income earning contributions. This is not always the case in other countries where assets may be divided according to strict legal rules or cultural expectations.

Whether the rules work for or against you depends on your individual circumstances and priorities. A good first step would be to consult with one of our international divorce law specialists. We can listen in confidence and advise you on how an English court may approach:

• Your financial settlement
• Any pre-nuptial or post-nuptial agreement that has been drawn up
• Arrangements for the children

You can then compare that to the potential outcome in another country and make an informed decision about which jurisdiction is best for you.

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