If you got married abroad (outside the UK), you will not need to register your marriage in the UK. What matters is that your marriage is legally recognised in the country and also in the UK. In order for a marriage to be considered legally valid in the UK, you must meet the age, consent, and mental capacity requirements and be free to marry. Any marriage conducted between parties under the age of 18 overseas will not be recognised in the UK. Likewise, if you have entered into a polygamous marriage (marriage to more than one person) in a country abroad, your marriage will also not be recognised in the UK. This is because in order to be recognised in the UK, marriage must be monogamous (marriage to just one person), and any prior marriages must be legally terminated. If you are unsure whether your marriage is recognised in the UK, you can contact the General Register Office1.
It is important not to assume that your overseas marriage is recognised in the UK, as the consequences can be considerable. Crucially, if your marriage is not legally recognised in the UK, you may not be entitled to the financial and legal protection of marriage. This is especially the case if you and your partner decide to separate in future. For example, you may not be entitled to a share of your family home or other shared assets.
What to do when your marriage abroad is not recognised in the UK
If you discover that your marriage abroad is not legally recognised in the UK, it is important to take appropriate action to ensure your legal status. We recommend taking the following steps to ensure that you and your children have the legal and financial protection you need:
- Check that your marriage is not legally recognised in the UK and why
- Seek legal advice from a family law solicitor
- Consider a UK marriage or Civil Partnership in the UK
- Apply for a declaration of validity
Check that your marriage is not legally recognised in the UK and why
Before you take any further steps, we recommend confirming that your marriage is not legally recognised in the UK and, most importantly, explaining why this is the case. Doing so will allow you to decide the best course of action.
Seek legal advice from a family law solicitor
Once you have clarified that your marriage is not recognised in the UK and why, it is advisable to discuss your case with a family law solicitor in the UK who can advise you on the best steps to take. This may include getting married in the UK or applying for a declaration of validity.
Consider a UK marriage or Civil Partnership in the UK
Your family law solicitor may recommend that the simplest and fastest course of action is to get remarried or enter into a civil partnership in the UK. You can get married in the UK as long as you and your partner are 18 years or over, not already married or in a civil partnership, and not closely related.
Apply for a declaration of validity
Another option is to ‘declare marital or civil partnership status’ by completing and submitting form D702. The court handling your application will use the information you provide and any other information available to them to determine your marital/civil partnership status.
Foreign marriages and divorce in the UK
There is normally no requirement to get divorced in the country in which you were married. You can get a divorce in the UK if you got married abroad, but only if:
- You have been married for at least 12 months
- Your relationship has permanently broken down
- Your marriage was legally recognised in the country where it was conducted
- Your marriage is recognised in accordance with UK law, and
- You are normally live (i.e. habitually resident) in England or Wales.
There are several benefits of divorcing in the UK, not least the ease of the legal process, which is extremely simple compared to that in many other countries. Getting divorced in the UK can also be made much easier if you have a marriage certificate that is written or translated into English.
If you are unsure how to get divorced or whether you are allowed to divorce your partner if you got married in another country, please speak to our family law team who can advise you based on your unique circumstances. We will do all we can to protect your interests and those of your children, no matter how complex or difficult your situation.
References
1 GOV.UK: General Register Office
2 GOV.UK: Form D70