Marriages abroad and divorce
Overseas marriage cannot be registered in the United Kingdom. However, the documents can be sent from abroad through the Foreign and Commonwealth Office (FCO) and deposited with the General Register Office (GRO).
To create the record of the foreign marriage one of the partners must be British and the marriage must not have taken place in one of the Commonwealth countries. You can then ask for copies which are issued under the seal of GRO as evidence of marriage.
Important issues to notes are that:
- marriage in a country where law permits a marriage that is not permitted in the UK means it will not be recognised by UK law
- Religious marriages made abroad have no legal status in the UK
- In some countries it is impossible to marry a non-citizen. In this case, the couple must have a civil ceremony in order to make it legal.
Do I have to agree all arrangements for the children before divorce proceedings?
With children, the divorce cannot be finalised unless and until the court is satisfied that the arrangements for the children are satisfactory.
My partner has changed the locks to our home and won’t let me back in. Is there anything I can do ?
If you own the property jointly with your partner then you are allowed to live in it. In the first instance, you may need to get a solicitor to write a letter to your partner but if this does not work then you may need to apply to the court for an order that your partner must let you back in. If violence has occurred and there the court is satisfied as to this, the violent partner will often be ordered to leave the property and stay away, with an injunction order being granted.
How long do you have to be married in order to apply for a divorce in England and Wales?
The law states you have to be married for at least 12 months before you can apply for a divorce.
I want to get divorced but I do not know where my husband/wife is. Can I still proceed?
You can apply to dispense with service of the petition. However if you are alleging adultery or 2 years separation by consent this option is not available to you and you may wish to seek legal advice.
What is ancillary relief?
This is the legal technical term for asking the court to make a ruling on finances of the marriage, dividing up assets and liabilities and making any orders for future financial provision.
What is the process for applying for ancillary relief ?
- Issue an application in the court which is dealing with the divorce
- The court then sets a date for the First Appointment (FA)
- Before the FA you must fill in a Financial Statement (Form E)
- Both sided exchange completed Form E on the same day
- the court sets a deadline for each side to compose a draft Questionnaire
- You attend the FA. The judge decides if all the questions in your draft questionnaire are really relevant and then approves the final version.
- A date for the Financial Dispute Resolution Hearing (FDR) is set.
- Bothe sides must answer the others questionnaire, including providing supporting documents.
- You attend the FDR hearing. The judge ascertains any offers each side is prepared to make and may suggest his or her view and ask the parties to go outside and negotiate.
- If an agreement cannot be reached the judge will set further court dates for a Pre-trial Hearing, filing of witness statements and final hearing.
- At the final hearing the judge will decide what financial orders to make taking into account factors set out in section 25 Matrimonial Causes Act 1973.
What is a consent order?
As part of ancilliary relief proceedings If agreement is reached this is evidenced by a formal court document known as a Consent Order. A solicitor needs to draw up the Consent Order and a second document called a Statement of Information. The other spouse / civil partner needs to obtain independent legal advice before signing.
My spouse is the sole legal owner of the property in which we live or only their name is on the rent book. Will I have to leave the house ?
Not necessarily. If you are married then your solicitor can protect your interest by registering a Notice on the title deeds to the property. This will protect your interest because it will effectively stop your spouse from selling or remortgaging without your knowledge or consent until financial matters have been agreed or decided by the court, which has the power to transfer the property or the lease under which you occupy to you even if it is not in your name. The judge can also decide whether the property should be sold and whether you should receive money from the sale.
I have left the house and my children. Does this mean I do not have to pay the mortgage or bills?
You will still be jointly liable to pay the mortgage and bills.
If my husband starts proceedings in another European country, can I then start proceedings in England ?
Generally proceedings will take precedence in the country where they are commenced, subject to the domicile rule. This can be an important reason to start proceedings quickly in England as if proceedings are in another European country, different rules may apply which may affect your financial settlement.
What if I cannot find the original marriage certificate?
You can contact the relevant Registry Office. They can provide the original marriage certificate for a fee.
What if the marriage certificate is in a foreign language?
In this case the marriage certificate needs to be translated into English by a qualified translator who would need to prepare a sworn statement confirming it is a true translation, and it then needs to be lodged with the original marriage certificate at Court.
What if I live in England and Wales and my spouse resides abroad. Is this a problem?
No, provided one of you is either domiciled or habitually resident (for a year) in England and Wales, you can proceed with your divorce.
Do I not have rights as a common law spouse?
The concept of common law husband and wife is a myth. Courts cannot order one person to support another by paying maintenance unless they are or have been married. There may however be other circumstances giving rise to a claim against property. Also, if one partner has died, the court can order the executors of their estate to provide some form of support under certain circumstances.
Which Court will deal with my divorce?
A Divorce Petition can be issued in any divorce County Court in England and Wales, and does not have to be issued in the area where you or your spouse live.
I am the father and did not get married, do I have any rights to the children ?
If the child was born after 1st December 2003, and your name was registered on the birth certificate as being the child's father, you have Parental Responsibility and have the same rights as if you and the mother were married. Otherwise, you do not have any automatic rights so will need to either agree with the child’s mother or apply to court for a parental responsibility order.
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