Issues with international marriages and divorces

Divorce can be especially challenging when your marriage or life involves an international element. If you married abroad or have lived in more than one country, it's important to understand how these factors might complicate the process of dissolving your marriage.

International marriage

Ensuring your marriage is legally binding protects you and your family financially and simplifies arrangements following a death or divorce. 

Will my overseas marriage be recognised in England and Wales?

The good news is that if you married in another country and followed that jurisdiction’s legal requirements to gain a marriage certificate, the marriage will be recognised in England and Wales. If it is legal there, it will most likely be legal here. 

Are there any circumstances under which my overseas marriage might not be legal? 

Different jurisdictions have their own rules for what constitutes a marriage, making it difficult to say definitively if someone married abroad is legally married. For instance, in England and Wales, you must give notice, have witnesses and hold the service in a registered location but the requirements differ elsewhere.

There is a slim chance a marriage is not legal if you married informally on the spur of the moment without consulting a recognised provider, such as a registry office or hotel, and did not receive a marriage certificate.  

If you have any concerns at all, get in touch with our experienced lawyers and we will get to the root of the issue.  

Will my marriage in England or Wales be recognised overseas?

If you were married in England and Wales, your marriage will be legally binding in most other countries. There are some exceptions, for instance, some jurisdictions do not legally recognise same sex marriages.

If you’re thinking of marrying abroad

Get advice to ensure you follow the right process and then keep your marriage certificate safe. We’ve seen cases where people lose it, delaying the divorce process while we track it down. 

If you’re concerned your marriage is not legally binding

Speak to our team of lawyers who specialise in international legal family and divorce issues and can help work out where you stand.

International divorce

If your divorce is not legal, you won’t be able to remarry and there could be financial implications, especially around inheritance and property. 

Will my international divorce be recognised in England and Wales?

England and Wales is one of the most liberal jurisdictions in recognising foreign divorces. It even accommodates informal overseas divorces, such as those undertaken according to religious, tribal or customary laws.

The general position is that if you follow a foreign jurisdiction’s legal requirements, the divorce is legal. For instance, though it would not be legal if performed here, a divorce would be recognised in England and Wales if a Muslim husband in Bangladesh stated “I divorce thee” three times to his wife and followed that country’s formal requirements to register the Talaq. 

This is a technical area of law and there are some exceptions. Some of the most common reasons a divorce is not recognised in England and Wales are:

• One partner had insufficient notice of the divorce proceedings, or had no opportunity to take part in them
• The divorce didn’t take place through the judicial or extrajudicial proceedings of that country
• There is no official document recording the divorce
• It is a transnational divorce, where proceedings took place over two countries

Will my divorce in England and Wales be recognised internationally? 

Before Brexit, there were conventions in place to ensure English divorce was automatically recognised abroad. Now, the position is less straightforward. Each country has its own rules and requirements, and even within Europe, you need to stop and check. For example, Ireland, France and Germany no longer automatically recognise English divorces. It’s best to contact lawyers with on-the-ground expertise to work out the right approach.

We work with people who face complex marital issues every day. If you’re uncertain whether your marriage or divorce is legally binding, get in touch with our internationally experienced lawyers.