Ordinarily, you do not have to divorce in the country in which you were married. If you married abroad, you may be able to divorce in England and Wales if your marriage is recognised in the UK and you meet the domicile or habitual residence requirement, even though you are a foreign national. In this article, we will explain the requirements for divorcing in the UK if you married abroad and the considerable benefits of doing so.
Requirements for divorcing in the UK if married abroad
If you married abroad, the requirements to divorce in the UK are as follows:
- You must have a valid marriage certificate
- Your marriage must be legally recognised in the UK
- You must meet the UK residency requirement
Have a valid marriage certificate
To apply for divorce in the UK, your overseas marriage certificate must be valid and translated into English if it was written in another language. Your translated marriage certificate must be sent to the court in England or Wales with your divorce petition/application.
Marriage legally recognised in the UK
One of the most important criteria to end your overseas marriage in the UK is that it must be legally recognised here. Most but not all overseas marriages are legally recognised in the UK. To be recognised in the UK, your marriage must have taken place according to the local customs and laws of the country where it took place.
Your marriage will only be considered valid if it meets the requirements under UK law. For example, the overseas marriage of a person under the age of 16 will not be legally recognised in the UK. In addition, Islamic marriages in the UK are not considered legally valid if a civil ceremony has not also taken place. This is because, in UK law, the Islamic Nikah ceremony is only considered to be a religious ceremony with no legal significance.
It is important to bear in mind that if your marriage is not considered legally valid under UK law, then technically, you do not need a divorce. This is because, as far as UK law is concerned, you were never married in the first place.
Meeting the UK residency requirement
The final requirement to get divorced in the UK is that one of both partners must be ordinarily domiciled or have habitual residence in the UK. It is also useful to understand the difference between domicile and habitual residence. The term ’habitual residence’ refers to the country where you live at a particular time. On the other hand, ‘domicile’ refers to the country where you have the strongest ties and is your permanent home (e.g. the country in which you were born). Under the law in the UK, you can get a divorce here if you or your partner are habitually resident or domiciled in the UK or if you last lived together in the UK and one of you still lives here. As the divorce applicant, you must have lived in the UK for at least 6 months before applying.
Benefits of divorce in UK for foreign marriages
If you married in another country, there are several benefits of divorcing in the UK. Firstly, the legal process of getting divorced in the UK is extremely simple compared to that in many other countries. The application process for divorce involves a relatively simple online application and payment for the divorce application fee. The overall time required to get divorced in the UK is around 6 months.
Another key benefit of getting divorced in the UK is that you will receive a more generous financial split of your marital assets, including the money, property, possessions, pensions, and investments that you and your partner have. Divorces in the UK tend to favour the financially weaker party. This means that if you divorce in the UK, if you stayed at home to raise your children, if you gave up your career to support your partner’s career, or if your partner earns more than you, the court may give you a larger financial settlement compared to your spouse.
Divorces in the UK also tend to have much fairer child arrangements. The courts in England and Wales will always prioritise the needs and best interests of your child. The courts here will never allow your partner to take your child to another country without your permission. The UK is part of the Hague Convention, which prevents child abduction and ensures the safe return of a child if they are taken to another country without permission. In addition, if your child lives with you, you are entitled to receive child maintenance to help cover their living costs.
