Can I Get Divorced in England If I Got Married Abroad?

The short answer is yes – if your marriage was conducted legally in the country you were married in.

You will need to meet the other requirements for a divorce in England and Wales including having been married for at least one year, habitual residence/domicile in England or Wales, and that the marriage has irretrievably broken down.

There are further considerations if you obtained a religious marriage in an overseas jurisdiction, and it is recommended that you take legal advice about your specific circumstances.

You will need to have your original (or a certified copy) marriage certificate. If this is in a language other than English, you will also need a certified translation.

Yes, as long as you are habitually resident or domiciled in England or Wales. Your habitual residence means the country in which you have your ‘centre of interest’. In other words, you live there regularly in a way which does not need to be permanent – you can take holidays and reside in other places temporarily – but has a ‘stable character’. You can only have one country of habitual residence and you lose it if you leave with a settled intention not to return.

Your domicile is acquired at birth as the country in which you were born, but you can acquire another if you reside in another country which you consider your permanent home.

These are questions of fact and there are other specific requirements for habitual residence or domicile in order to obtain a divorce in london. You should speak with a lawyer if you are unsure whether you qualify.

If you divorce in England, you can apply under the Matrimonial Causes Act 1973 for financial provision. This means that the law in England and Wales will apply with regard to the asset distribution on your divorce.

If you divorce elsewhere, you may still be able to obtain financial provision in England, in certain circumstances and should speak with a lawyer about this.

Be aware that there are risks involved with ‘forum shopping’ i.e. filing for divorce in England just because you feel it would benefit you financially, if there is another more appropriate jurisdiction to deal with the matter. There may be financial implications for applying for divorce in the wrong jurisdiction if this is later thrown out by another Court – including cost sanctions. Again, it is recommended that you take legal advice before applying.

There may be – it is recommended that you take advice from a lawyer in any other jurisdiction that you are connected to and/or contemplating.

To issue divorce proceedings in England and Wales, you need to apply online. You will need your original marriage certificate or certified copy and (if applicable) certified translation.

There is a fee of £593 to pay. The online service allows individuals to apply solely or jointly with their ex-spouse. Alternatively, you may wish to have a legal representative complete the paperwork on your behalf.

Ready to take the next step? As leading divorce and family law solicitors in Milton Keynes, our team of specialists can advise and guide you from the moment we start working with you.

As well as our head office in Milton Keynes, we also have offices in Bicester, Watford, and London where we can arrange appointments to see you in person. Talk to us in confidence and find out where you stand. Get in touch – we’re here to help.

This article is intended for the use of our clients and other interested parties. The information contained in it reflects the author’s view and is believed to be correct at the date of publication. However, it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional legal advice.