International Marriage and Divorce
If you live in the UK but were married in another country, you need to ensure that your union is legally recognised in this country.
The same applies for divorce.
This is because your marital status affects a wide range of issues including your legal next of kin, your tax allowance and entitlement to state benefits.
The same applies for divorce.
This is because your marital status affects a wide range of issues including your legal next of kin, your tax allowance and entitlement to state benefits.
I am a British national and I was married abroad, will my marriage be recognised in England and Wales?
Your marriage or civil partnership will be recognised as long as you followed the law of the country in which you were married and your legal union would have been allowed in the UK.
I am a foreign national and was married abroad, will my marriage be recognised in England Wales?
If the marriage complied with the law of the country in which it took place and both spouses had the legal capacity to marry it is very likely. English policy is to recognise genuine foreign marriages wherever possible, regardless of whether the marriage would be allowed here, such as polygamous marriage which is not legal in this country.
If I got married abroad, do I have to get divorced in the same country?
No. English family courts can deal with marriages which took place anywhere in the world as long as there is sufficient connection with England or Wales. Factors that will be considered include which countries you and your spouse have been resident, your nationalities and your legal domicile.
I was divorced abroad, will my divorce be recognised in England and Wales?
If the divorce took place in the EU it will be recognised in England and Wales. The recognition of foreign divorces outside of the EU is more complex and will depend on factors such as how the divorce was obtained and your connection with that country at the time.
Can I bring an application for a financial order to the English court following a foreign divorce?
This will depend on the circumstances of your individual case. In some cases, the court can act as if the divorce itself took place in England and make full financial orders, in other cases the court will only deal with specific English assets, such as a pension or property.
Legal Advice
For further advice, arrange a confidential meeting with one of our international family lawyers. Call us on +44 (0)20 7993 2936 or click here to complete a contact form.
Filed Under: Insight
INSIGHT|March 4, 2018
5 Tips to Cope with Family Law Proceedings
There is no getting away from the fact that family proceedings of any type are extremely stressful.
In particular, the lead up to a final hearing understandably triggers off a high level of anxiety and fear of the unknown.
These feelings inevitably have an impact on day to day life.
We have put together some tips we hope will help our clients through this difficult period:
In particular, the lead up to a final hearing understandably triggers off a high level of anxiety and fear of the unknown.
These feelings inevitably have an impact on day to day life.
We have put together some tips we hope will help our clients through this difficult period:
INSIGHT|August 5, 2019
Co-Parenting Tips for Your Children’s 1st Holiday Without You
When parents separate, the most common pattern of contact involves sharing care of children with the non-resident parent for alternate weekends and for half of the holidays. Although most parents accept that this arrangement is in the best interests of the children, it is not unusual to feel a sense of grief or loss when the holidays come around.
INSIGHT|September 19, 2019
5 Things to Consider when you are Thinking about Divorce
When the problems in your marriage have come to a head and the relationship has broken down, it may be time to take steps towards a fresh start.
The breakdown of a marriage is a difficult time for most spouses and there are often many competing interests and emotions. It is not always easy to know where to begin or the best way to go about it.
We set out some practical tips to guide you through the first steps of preparing for divorce.
INSIGHT|December 16, 2019
The 12 days of a Healthy Christmas Divorce
For some couples, Christmas is a last test of their relationship before making the final decision to separate. Others, who made that decision earlier in the year, stay together for one last Christmas - usually when children are involved. The goodwill does not have to end there. Preparation and calm can help you to reduce the strain and cost of separation on a 12-step journey.
INSIGHT|March 16, 2020
Lawyers Available Out of Hours For Remote Appointments
Family law issues are stressful enough without adding health concerns and temporary working arrangements to the mix.
You can rest assured that we employ modern technology and working practices all year round, so COVID-19 will not disrupt the service you receive from our team.
Whether you are based in UK or overseas, appointments are always available via Skype, video call and on the telephone, at a time that suits you.
Whatever your schedule and commitments, our team of lawyers is ready to provide bespoke legal advice tailored to your situation.
You can rest assured that we employ modern technology and working practices all year round, so COVID-19 will not disrupt the service you receive from our team.
Whether you are based in UK or overseas, appointments are always available via Skype, video call and on the telephone, at a time that suits you.
Whatever your schedule and commitments, our team of lawyers is ready to provide bespoke legal advice tailored to your situation.
INSIGHT|March 30, 2020
Why You Should Update Your Will As Soon As You Decide To Separate
If you have already made the difficult decision to end your relationship, it is likely that you would not want your former partner to benefit from your personal estate.
Many people think of updating their Will as a final step after their divorce or separation is finalised; but waiting can leave your intended beneficiaries vulnerable.
INSIGHT|April 9, 2020
Co-parenting during the Coronavirus Crisis: Your Questions Answered
We have received many enquiries from parents who are concerned about their child contact arrangements in the current COVID-19 pandemic. Louise Allard and Angela Medin answer some of the most common questions below.
Please be aware that as the situation changes so does the guidance.
This blog was correct at the time of writing, but it is important to keep up to date with the current Government guidance and make sure you are complying with it.
INSIGHT|April 22, 2020
Is Coronavirus Causing Issues With Your Spousal Maintenance Payments?
With COVID-19 related job losses and falling incomes affecting a sizeable minority of the population, we have seen a surge of enquiries about spousal maintenance issues. Many people rely on payments that have suddenly stopped, others are worried about incurring debt to keep up payments ordered by the Court. It is a difficult situation that is affecting many people with substantial spousal maintenance commitments. What can you do if this affects you?
INSIGHT|April 30, 2020
Domestic Abuse Help in Lockdown
The Government’s Stay at Home rules have had many effects on our households and unfortunately not all of them are positive. For some people being together more than usual, confined in homes, in the current social and economic climate is like a pressure pot creating an unstable home environment. Sadly, in some households’ lockdown means being home alone with an abuser.
INSIGHT|May 7, 2020
Child Maintenance Issues in a Covid-19 Pandemic: Your Questions Answered
Child maintenance is a major concern for both receiving and paying parents during this difficult time.
Many non-resident parents have reported that they are struggling to keep up child maintenance payments following furlough or job loss. Their financial circumstances have changed overnight and they may need to prioritise paying a mortgage or rent and utilities so they have a home to accommodate the children during their time with them.
INSIGHT|May 28, 2020
How Will the Current Housing market Affect my Divorce?
When decisions are being made about how to split your assets, property is usually a key consideration. Whether you own one property or several properties, you need to determine whether they should be retained or sold.
With estate agents returning to work in mid-May, the housing market is open and viewings are resuming - albeit cautiously and with the necessary precautions. This is promising news, but these are unprecedented times.
INSIGHT|June 9, 2020
Is Arbitration a Good Alternative to Court in During the Pandemic?
As we begin to emerge from lockdown, family issues that were put on hold are beginning to resurface and we are being asked what options are available to resolve disputes that cannot be settled through agreement.
Even before COVID-19, the courts had an overwhelming case load to work through. They are now functioning at reduced capacity due to being short staffed, with the judiciary and clerks adapting to new ways of remote working.
With limited options for court hearings to take place in person, cases are being adjourned or relisted at short notice, often to a date several months away or more. The current case backlog looks set to continue for the foreseeable future and will leave many cases in limbo. Those left without a final outcome will be unable to make any real progress through the court system for some time.
Even before COVID-19, the courts had an overwhelming case load to work through. They are now functioning at reduced capacity due to being short staffed, with the judiciary and clerks adapting to new ways of remote working.
With limited options for court hearings to take place in person, cases are being adjourned or relisted at short notice, often to a date several months away or more. The current case backlog looks set to continue for the foreseeable future and will leave many cases in limbo. Those left without a final outcome will be unable to make any real progress through the court system for some time.
INSIGHT|December 21, 2020
Achieve Your Life Goals Series: Understand how your Relationships can affect your Business
SPEAKERS: LOUISE ALLARD AND SABRINA BAILEY
HOSTED BY: FRESH BUSINESS THINKING
DATE: TUESDAY 19TH JANUARY 2020
WATCH REPLAY: CLICK HERE
HOSTED BY: FRESH BUSINESS THINKING
DATE: TUESDAY 19TH JANUARY 2020
WATCH REPLAY: CLICK HERE
INSIGHT|March 31, 2021
Has BREXIT changed International Child Arrangements?
It is natural to have concerns about child arrangements when your child, or their other parent, lives in another country. You might have agreed to a move within the EU knowing that, if needed, Court Orders from this country would be enforceable in the EU. Has Brexit changed that?
As the UK has now fully transitioned from the European Union, there are some subtle but potentially significant changes for parents whose child arrangements involve an EU country.
The UK is no longer subject to the EU laws governing family law, known as Brussels 1, but we are committed to an international agreement known as the Hague Convention. The Hague Convention has been signed by 35 countries including all members of the EU and sets out rules for dealing with parental responsibility, residence, contact and the protection of children across borders. The overriding principles are the same as EU law, but some of the specific applications vary.
As the UK has now fully transitioned from the European Union, there are some subtle but potentially significant changes for parents whose child arrangements involve an EU country.
The UK is no longer subject to the EU laws governing family law, known as Brussels 1, but we are committed to an international agreement known as the Hague Convention. The Hague Convention has been signed by 35 countries including all members of the EU and sets out rules for dealing with parental responsibility, residence, contact and the protection of children across borders. The overriding principles are the same as EU law, but some of the specific applications vary.
INSIGHT|March 31, 2021
Does BREXIT change rules Parental Child Abduction?
Unless you have a court order, you need the consent of everyone who has parental responsibility before you can take a child overseas. This is the case even if you have parental responsibility and the child really wants to go. Even if it is only for a few days you still need the consent of everyone who holds parental responsibility.
The only exception in England and Wales is if you have a court order directing that you can take the child abroad or if you have a Child Arrangements Order that states the child lives with you, in which case you can usually take them overseas for up to 28 days without seeking consent.
If a parent, guardian or relative takes or keeps a child overseas without the agreement of everyone who has parental responsibility, it is known as International Parental Child Abduction, which is a serious offence.
The only exception in England and Wales is if you have a court order directing that you can take the child abroad or if you have a Child Arrangements Order that states the child lives with you, in which case you can usually take them overseas for up to 28 days without seeking consent.
If a parent, guardian or relative takes or keeps a child overseas without the agreement of everyone who has parental responsibility, it is known as International Parental Child Abduction, which is a serious offence.
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As a specialist firm, we focus on all areas of family law and legal matters that affect private wealth. Our solicitors are experienced, realistic and focused on achieving the best results for you and your family.
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