Divorce After Marriage: What Are My Rights When I've Been Married Abroad?

A wedding abroad can make a marriage between husband and wife that extra bit special. The main attraction for it is the weather away from the usual gloomy skies found in the UK which is understandable. However, being married abroad can have its complications if later down the line it just hasn’t worked out. Where you get married can be a huge factor when you enter divorce proceedings so it’s worth knowing your rights before you think about the dream wedding on international shores. Can I get divorced in the UK after being married abroad? For the majority of cases, it would be possible for you to apply for a divorce even if your marriage took place abroad. In order for this to be valid, the marriage would have to be legally recognised in England and Wales. How this is achieved is if both parties involved in a marriage are aware and understand that marriage was taking place, when it was happening, and where it was. It also had to align with the formalities of that country, making sure that it was recognised by that country. If all of this is considered, you’ll be able to get divorced within the UK. The next step for divorce proceedings to take place is if the high courts in the UK have jurisdiction. This is established when: - Both parties are currently habituated within the UK; or - Both parties were last to habituate in the UK and one of them is still currently situated there; or - The divorcee is resident within the UK; or - The divorcer is resident in the UK and they have lived there for at least year before the file was issued; or - The divorcer has settled in the UK and resided in the UK for at least 6 months before the file was issued; or - Both parties have settled in the UK; or - None of the points above has applied and no other court in the EU has qualified for jurisdiction, both parties have settled in the UK from when the divorce proceedings have started. To put it simply, if any one of the points made above applies and the marriage has been recognised then the proceedings can take place in UK courts. There will be specific documents that the courts will require including the marriage certificate. If you don’t have the original, a certified copy would suffice. If the marriage certificate isn’t in English, you’d be required to translate it for the UK courts and both the translated version and the original would be required. Where Should Proceedings Take Place? It’s important to weigh up the best option for you when it comes to where you wish to start proceedings. For example, if you were born and grew up in a different country and later moved to the UK for a temporary amount of time it still might be worth gaining advice from both countries before you decide to go ahead with divorce proceedings. This is because laws in countries are different when it comes to marriage and divorce. Where you may have protection in one country, you may not get it another. Especially when it concerns the distribution of assets in your settlement. Every case is considered individually and each will be considered on an individual basis. Once all the details are obtained from the marriage, you should then expect to be advised on the best possible outcome for you. For any help, you can always consider legal advice through dispute resolution solicitors for example and they’ll be able to advise on what might be right for you.