Whether you married abroad on a sunset beach in Cuba, at the top of Mount Everest or in a Lapland ice hotel, then the maxim Lex loci celebrationis “law of the place of the ceremony” applies. In other words, a marriage abroad will be recognised by the UK, provided it was carried out in accordance with the law in the country in which it was officiated.
So for example, if you marry on a whim in Las Vegas by an Elvis impersonator, your marriage is still legal in the UK, provided it was properly and lawfully conducted by Las Vegas standards. Contrary to popular belief, there is no requirement, or facility to register the marriage in England afterwards.
Even if local customs and laws contradict UK laws, your marriage could still be recognised under domestic law. For example; polygamous marriages where there are multiple husbands or wives can in certain circumstances be recognised in England and Wales if the marriage was legal in the country where the ceremony took place.
There are however, some clear exceptions to this rule. Since the Marriage and Civil Partnership Act 2022 came into force, the minimum age of marriage in England and Wales has been raised to 18. If you or your partner are under 18 years old and your permanent home is in England or Wales, it is possible to marry in a county where the minimum age for marriage is lower. However, that marriage won’t be legally recognised in England and Wales. Anyone who takes part or facilitates that marriage – including the spouse – will have committed a criminal offence.
This means that 16- or 17-year-olds running off to Gretna Green, will now find that their marriage is void once they return home to England or Wales. On a much more serious note, this legislation is vital in tackling serious concerns about children being forced or coerced into marriage.
If your marriage has subsequently broken down, you do not need to get divorced in the same country as you married. You can divorce here in England and Wales, so long as you can establish a connection to this country. To do this, you must rely on the concept of “habitual residence” or “domicile”.
- Habitual residence – This is where a person considers to be their home. For most people this is where they live and work.
- Domicile – is the permanent place that a person calls home. You might be living and working abroad but your permanent place that you call home is in England or Wales.
If you married abroad and now wish to divorce in England and Wales, then the process is no different. If however, your marriage certificate is not in English (or Welsh) then you will need to obtain a certified translation of your certificate.
If you have the option of divorcing in more than one country, it is vital that you obtain early legal advice. The country you divorce in could have a significant bearing on the outcome of your case.
Heather Reilly 3rd December 2024