Divorcing In England And Wales After Marrying Abroad: Understanding The New Law (1 August 2024)

A common question we receive is, 'can you get divorced in England and Wales if your marriage took place abroad?" The answer is yes, provided certain requirements are met.

Key Requirements for Divorcing in England and Wales

To apply for a Divorce in England and Wales, the following conditions must be satisfied:

1. You must have a valid Marriage Certificate from the Country where the marriage took place. If the Marriage Certificate is not in English, a certified translation must be obtained and filed at Court together with your Divorce application.
2. The marriage must be recognised as valid under the UK Law. If the marriage took place in a Country where English or Welsh law was applicable, or if it was conducted according to the local law and recognised as valid under that law, then it should also be recognised in the UK.
3. You must meet one of the following Jurisdiction requirements to show to the Court:

• At least one spouse must be habitually resident in England and Wales.
• Alternatively, one spouse must be domiciled in England and Wales, meaning they consider it their permanent home.

The most important point before applying for a Divorce in England and Wales is to show that your marriage was lawful in the Country where it took place. If the marriage has been carried out in accordance with the local customs, it is usually a lawful marriage.

Practical Steps for Divorcing After Marrying Abroad

If you married abroad and meet the jurisdictional requirements, you can proceed with a Divorce in England and Wales as follows:

1. File the Application:- No-Fault Divorce:

• Couples no longer need to assign blame for the breakdown of the marriage. Previous grounds for Divorce, such as adultery or unreasonable behaviour, are no longer required.
• A statement of irretrievable breakdown of the marriage is sufficient to start the Divorce process.
• You can submit a Divorce application online or by post, either individually or jointly with your spouse.

2. Joint Applications:

• Couples can now make a joint application for Divorce, reflecting a more amicable approach, which helps to reduce conflict.

3. Service of the Application:

• If applying individually, ensure the application is served on your spouse.
• If applying jointly, both parties will receive confirmation from the Court.

4. Simplified Language:

• Legal terminology has been modernised. For instance, 'Decree Nisi' is now referred to as the 'Conditional Order,' and 'Decree Absolute' is the 'Final Order.' These changes make the process more accessible and easier to understand.

5. Minimum Timeframe:

• There is a minimum period of 20 weeks between the start of proceedings and the Conditional Order. This period allows for reflection and the possibility of reconciliation before finalising the Divorce.

6. Conditional Order:

• After a minimum period of 20 weeks from the start of proceedings, you can apply for a Conditional Order. The Court will review the application and, if satisfied, grant the Conditional Order.

7. Final Order:

• Six weeks after the Conditional Order is granted, you can apply for the Final Order, which legally ends the marriage.

Conclusion

The new Divorce law in England and Wales, effective from April 2022, simplifies the process for those who married abroad but reside in this Jurisdiction. By removing the need to assign blame and introducing the possibility of joint applications, the law promotes a more amicable approach to Divorce. As long as the residency or domicile requirements are met, couples can navigate the process smoothly, focusing on the future rather than the past.