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if you were married abroad do you have to get divorce in that country or can you get it here?

(11 Posts)
regularlyoverwhelmed Sat 06-Sep-08 08:51:08

which laws apply?

(civil marriage)

tia

kdk Sat 06-Sep-08 10:02:32

Which country did you marry in? I think that if the marriage was conducted in a country whose civil marriage laws are recognised by the UK then you can divorce in the UK providing you have been resident here for a certain time. For more info see www.armchairadvice.co.uk/relationships/ending/legal/divorce.asp or www.justdivorce.co.uk/divorce_faq.htm#abroad

Other than that think the normal divorce laws apply ie have to have been married a certain amount of time, give reasons for divorce etc.

hope this helps - been through this myself

lulabelle Sat 06-Sep-08 10:03:56

oh god, you and me both!! I'm having an absoloute nightmare at the moment. I got married abroad, marriage certificate has been damaged, can I get another one?? NO!! I need it also for a renewal of my passport. I have tried getting hold of them via the company that arranged my wedding but they are being totally unhelpful.

Anglepoise Sat 06-Sep-08 17:59:46

Depends on which country you got married in, but afaik most of them are recognised here so you can get a divorce here in normal UK way.

Only thing to watch out for is if you've married abroad then redone it here - apparently some people worry that their foreign ceremony won't count, so redo the service here, then get the latter undone, but are technically still married because the second service wasn't recognised because the first service was and you can't get married twice (if that makes sense).

JumpingDizzy Sat 06-Sep-08 18:03:25

I got married in the US and am getting divorced ok next march after 2 years separation. You need original marriage certificate or you need to send for another.

mumoverseas Sat 06-Sep-08 18:22:21

you can start divorce proceedings here as long as you are domiciled here (ie living here) There is an absolute bar on divorce within the first year of marriage but after that you can commence proceedings in the county court in the area where you are now living. You will need the original marriage certificate in order to issue proceedings. If the marriage certificate is in a language other than english you would need to obtain a written translation of this.
The only way you can commmence proceedings immediately (after the first year of marriage is on the basis of your husband's adultery (if applicable and as long as you have not known about it and ignored it for more than 6 months) or on his unreasonable behaviour. (Its pretty easy to get a petition through on this ground). Failing this, you would need to wait until you'd been separated for two years and if he consented or else wait until you'd been separated for 5 years.
Hope this helps

regularlyoverwhelmed Sun 07-Sep-08 00:33:04

thank you all - looks like will be possible here
#

what proof do you need about being domiciled here? we both are on electoral register - does that count?

alipiggie Sun 07-Sep-08 02:21:55

So here's one for you all. I married in Holland, am British and divorced in The States. You are governed by the laws were you live. Sorry you are facing divorce - it is not a pleasurable experience.

kdk Sun 07-Sep-08 10:24:08

regularlyoverwhelmed - would have thought that would be okay - also proof of rent/mortgage payments/utility bills etc. Probably worth consulting a solicitor - you can usually get up to 15 minutes free under the (green card?) scheme.

hope this helps

stitch Sun 07-Sep-08 10:26:10

if you have been married according to the laws of th eland you were in, then it will be accepted in this country, as told to me by the registrar of deaths births and marriages. this includes tribal weddings.
but if you havent been married according to th elaw of the land, then it cant be a marriage, so doesnt require a divorce

mumoverseas Tue 09-Sep-08 16:49:54

regularlyoverwhelmed - you don't need to worry about 'proof' of place of domicile for the divorce petition, you just have to set out in it where you both live now and where you both last lived together as man and wife (if now separated). However, if you instruct a solicitor you will need to provide documentation to prove who YOU are under the money laundering regulations. Usually they will want to see ID such as passport/photo driving licence plus a utility bill/bank statement

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