10th April 2025 ❘

Family Law FAQs – Getting divorced in England and Wales when you married abroad

Family Law FAQs - Getting divorced in England and Wales when you married abroad

Family Law FAQs – Getting divorced in England and Wales when you married abroad

With the summer season fast approaching, more and more couples may be considering or have already booked a destination wedding. In fact, a recent survey indicated that over a five-year period, just over 1/5 of British adults decided to get married abroad. But for some, a few years down the line, the question can then arise: Can you get divorced in England and Wales when your wedding certificate is from another country? Our Family team answers below…

The short answer to this question is yes, if the marriage is considered valid. If a couple get married abroad, then it will be recognised in England and Wales providing that the marriage was also legally recognised in the country where it took place – there is then no requirement to register your marriage in England and Wales upon returning from your foreign nuptials. It is important to note though, that while a marriage may be legally recognised in one country, it does not mean that it will automatically be recognised in the UK. For example, some countries permit marriage of those under the age of 18 or polygamous marriages. Such examples would not be recognised in the UK and your marriage would not be considered valid. So it is important to know what the rules are regarding marriage in both your home country and the country in which you intend to marry.

In England and Wales, the criteria for a marriage to be legally recognised by the courts are the following:

  • The marriage must be between only two people
  • Both parties to the marriage must be at least 18 years old (16 and 17 year-olds may no longer marry in the UK even with parental consent)
  • Both parties must consent to the marriage and have the mental capacity to do so
  • If applicable, any prior marriages must be legally terminated

As long as the country in which you marry matches the above requirements, then your marriage will be legally valid if you are domiciled in England and Wales. If you are unsure whether your marriage will be or is recognised, you can contact the General Register Office to find out.

Should a couple decide though that they want to get divorced, then as long as the marriage is legally recognised, they should have little trouble in making their application to the Court. Couples need only meet one the following criteria for domicile or habitual residence under the Domicile and Matrimonial Proceedings Act 1973 to apply for a divorce in England and Wales:

  • Both parties to the marriage are habitually resident in England and Wales
  • Both parties to the marriage were last habitually resident in England and Wales and one of them continues to reside there
  • The respondent is habitually resident in England and Wales
  • The applicant is habitually resident in England and Wales and has resided there for at least one year immediately before the application was made
  • The applicant is domiciled and habitually resident in England and Wales and has resided there for at least six months immediately before the application was made
  • Both parties to the marriage are domiciled in England and Wales
  • Either of the parties to the marriage is domiciled in England and Wales

Once at least one of the above criteria is met, the following points must be true for a pair to be eligible to divorce:

  • The pair must have been married for at least a year
  • The relationship must have permanently broken down
  • The marriage is legally recognised in the United Kingdom

It is important to bear in mind that in some instances where a pair have a marriage certificate that is not in English, it may be necessary to obtain a translation of said certificate to prove to the Court that your marriage is valid.

Should you need advice regarding a divorce, then our Family team is always happy to have an initial discussion about your case. You can contact us on 01228 552222 or hello@burnetts.co.uk.