We provide a wide range of legal services to individuals through our specialist teams of solicitors across our offices.
We provide a wide range of legal services to individuals through our specialist teams of solicitors across our offices.
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We provide a wide range of legal services to businesses through our specialist teams of solicitors across our offices.
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It is common for there to be international aspects that need to be considered when a couple makes a decision to separate and get divorced, for example a couple may have been married elsewhere and relocated to England or decided to have a so called “destination wedding”.
You do not have to get divorced in the country that you got married in and it is possible get divorced in England and Wales if you got married in another country, as long as certain conditions are met.
The marriage needs to be a valid marriage in the country that you got married in and, provided it does, it will usually be recognised by the courts in England and Wales. Famously, Jerry Hall and Mick Jagger had a marriage celebration in Bali in 1990 but when they separated, they discovered that they did not have a legal marriage. Ms Hall was eventually granted a decree of nullity in the High Court, after it was held that the marriage was valid in neither Indonesia nor in England and Wales.
It is important to make sure that you have a copy of the marriage certificate, as evidence of a valid marriage. You will need this when you are making your divorce application. If the marriage certificate is not in English, then you will also need to have a certified translated copy. This will need to be filed (sent) to the court along with the divorce application, which is now done using the online court portal.
The courts in England and Wales need to have jurisdiction i.e. the power to be able to decide upon the divorce. The court has jurisdiction if:
Habitual residence refers to where you have a settled home or where your life is mainly based. Domicile is a much stricter test of where the person has decided to live and make a permanent home.
If you are unsure on whether either you or your spouse would have habitual residence or domicile in England and Wales then it is important to take specialist advice.
If you need assistance or advice on getting a divorce after getting married abroad or any other family matter, please contact the Family Department at Pinney Talfourd LLP today to arrange a free initial consultation and discuss your next steps.
To contact us, please call 01708 229 444 and we will be happy to address any queries you may have. Alternatively, if you wish to get in contact via email, please direct all correspondence to mail@pinneytalfourd.co.uk.
The above is meant to be only advice and is correct as of the time of posting. This article was written by Lucy Nicholson, Solicitor in the Family team at Pinney Talfourd LLP Solicitors. The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. Specific legal advice should be taken on each individual matter. This article is based on the law as of August 2024.
For help and advice, talk to a member of our team. They can advise on the best options in your matter.
