With the UK witnessing a significant number of separations each year, divorce is a common reality for many couples. When it comes to dissolving an international marriage the process can become complex.
For those wondering whether can you divorce in the UK if married abroad, understanding the legalities involved is crucial.
Let’s understand the eligibility requirements, filing procedures, and unique considerations for international divorces, helping you to make informed decisions during a challenging time.
Divorce in the UK If You Were Married Abroad
Understanding the laws for divorcing in the UK after foreign marriage is essential. While it may seem complex, the process is generally manageable if you meet the necessary requirements.
Eligibility Criteria for International Divorce in the UK
For a person seeking to get divorced in England after an international marriage, there are some conditions that he or she has to fulfill. Primarily, one of the following must apply:
- Domicile: At least one of the spouses should be domiciled in the United Kingdom. This means that the individual must consider the UK their permanent home, regardless of where they currently live.
- Residency: Both parties must be domiciled in England or Wales for a period of not less than one year immediately preceding the application for a divorce.
- Marriage Validity: The marriage must adhere to UK marriage laws, meaning it should be properly licensed and recognised. If it took place in a country that does not recognise certain unions, like same-sex marriages, it may not be considered valid for divorce in the UK.
Understanding the Concept of Domicile and Residency
Domicile is a key factor in determining your legal status in divorce proceedings. It reflects the country you consider your permanent home, even if you’re currently residing elsewhere. For example, you might be a British citizen living abroad, but if you maintain domicile status in the UK, you can initiate divorce proceedings there.
This distinction between domicile and residency is important because it influences where you can file for divorce and the applicable laws. Understanding your domicile status ensures you navigate the divorce process correctly, allowing you to leverage your rights under UK law, even while living overseas.
Divorce Laws in the UK vs Other Countries
It should also be recognised that the legislation allowing divorce differs substantially from one jurisdiction to another. Some divorce processes can be straightforward and quick, while others may involve lengthy legal battles and strict requirements. This indicates why one should seek legal advice from a lawyer on UK and international laws on divorce.
| Aspect | UK | Other Countries |
| Grounds for Divorce | No-fault (irretrievable breakdown) | Varies; both no-fault and fault available |
| Separation Period | No mandatory separation required | Varies; often 6 months to 1 year |
| Domicile Requirements | One spouse must be domiciled in the UK | Varies; residency often required |
| Division of Assets | Equitable distribution (fairness principle) | Varies; can be equitable or community property |
How to File for Divorce in the UK If Married Abroad?
The international divorce process contains a few stages. Here are the steps to know how to divorce in the UK if married abroad:
Step 1: Check Residency and Jurisdiction Requirements
When you decide to file for divorce, make sure to adhere to the legal residency requirements and jurisdictional rules that apply to your situation. Ensure that one of you meets the residency requirement of completing a year in England or Wales.
Step 2: Gather Required Documents
Collect essential documents, including:
- Your marriage certificate, if not in English, should be officially translated, i.e., certified.
- Utility bills and bank statements that indicate the client’s residential status.
- Any other orders of the court or agreements, if any, which existed before the making of this order or the agreement.
Step 3: Apply for a Divorce Petition in the UK
It is possible to begin divorce cases by filing a petition for divorce in the court of the family. This petition outlines the grounds for your divorce, which, under UK law, can include:
- Nullity of marriage or voidable marriage.
- Adultery.
- Unreasonable behavior.
Step 4: Serving Divorce Papers to Your Spouse
Service to your spouse involves notifying him or her of the divorce case filing upon filing a case in court. Always keep yourself on the right side of the law if your spouse is from another country.
Step 5: Finalising the Divorce Decree
Once your spouse has received the papers and responded, the case will proceed to court. If all these requirements are fulfilled, one is granted a decree nisi and later a decree absolute, determining the end of marriage.
Do You Have to Divorce in the Country You Were Married In?
Many people wonder, do you have to divorce in the country you were married in? The answer is no. Divorce is available in the UK regardless of where the marriage was conducted, provided that you meet the requirements of this process.
International Divorce Laws
Each country has its own international divorce jurisdiction rules that dictate how divorces are handled. This means one can file for divorce in a new jurisdiction more suitable for one party than the other.
Validity of a UK Divorce if You Were Married Abroad
A divorce granted in the UK is likely to be recognised in other countries worldwide. However, it is always good to know whether there is any requirement for recognition in the country in question. If there is a likelihood of some issues, then it is recommended to look up the laws of the spouse’s country of residence.
Mutual Recognition of Divorce in Different Countries
Most countries of the world are operating under mutual recognition legal systems, which implies that a divorce procured in one country will be recognised in the other. However, not all countries adhere to this rule, so it is crucial to check the rules in the countries of interest.
Do you want to know if you can divorce in the UK if married abroad? Here is a guide for you: Can I divorce in the UK if I was married overseas?
Special Considerations for Divorce in Scotland and Northern Ireland
If you got married in another country and hope to divorce in Scotland or Northern Ireland, there are specific considerations.
Divorce in Scotland If Married Abroad
Scotland has unique divorce laws and slightly different regulations regarding who can legally be considered a resident of the country. One of the spouses must have been a resident of Scotland for at least twelve months before the date of the marriage.
Divorce in Northern Ireland If Married Abroad
In Northern Ireland, the procedure of filing for a divorce does not differ much from the mentioned requirements in England and Wales. Be certain to meet the qualifying requirements for residency before commencing the proceedings there.
Common Challenges in International Divorces
Several challenges may occur when getting a divorce if one is married abroad.
Jurisdictional Issues in International Divorces
Deciding where proceedings should be initiated is sometimes difficult, especially if the two people are from different nations. Legal advice from a family law solicitor can also assist in determining where exactly one should file a petition.
Serving Divorce Papers Internationally
Providing a copy of the divorce petition to a non-resident spouse may involve adherence to conventions such as the Hague Service Convention. It may distort the proceedings and should be carried out under legal advice.
Division of Assets in Different Countries
Distribution of properties in international couples may also present certain difficulties, especially if you have properties in different countries. Such a fair division is made by seeking legal advice from a divorce solicitor who is well equipped with international divorce advice.
When navigating the complexities of an international divorce, resources like Lawyersorted can be invaluable.
They provide insights and guidance on the best legal firms specialising in international divorce cases, ensuring that individuals receive expert assistance tailored to their unique situations. Utilising such resources can empower you to make informed decisions during this challenging time.
FAQs About Getting Divorced Abroad
Can I get divorced in the UK if I get married in the USA?
Yes, you are allowed to file for divorce in the UK even if you were married in the USA, as long as you meet the eligibility criteria concerning residency or domicile.
How Long Does an International Divorce Take?
The time for an international divorce often depends on location and circumstances and can take from several months to a year or more.
Do I Need a Translator for My Marriage Certificate?
If your marriage certificate is in a language that is different from English, you will have to translate it to English in the case of divorce in the UK.
Can I Remarry in the UK After Divorcing Abroad?
Yes, it is legal to remarry in the UK as long as one has made the application for the final decree absolute. Ensure your divorce is recognised in the UK to avoid legal complications.
What are the residency requirements to divorce in the UK if married abroad?
You or your spouse must have been a resident in England or Wales for at least the last 12 months before getting a divorce if married abroad.
How do I prove my marriage if I was married abroad?
To prove your marriage, you’ll need to provide a marriage certificate, which may require translation if not in English.
Will my UK divorce be recognised in other countries?
While many countries recognise UK divorces, some may have specific requirements. It’s advisable to check the laws in the relevant countries to ensure recognition.
