Whilst getting married on a white sandy beach encircled by close family and friends seems idyllic, it may cause problems further down the line if you get divorced. An overseas wedding can cause many problems if it isn’t recognised in the UK. So what are the risks of marrying abroad? We look at the potential issues.
Whilst getting married on a white sandy beach encircled by close family and friends seems idyllic, it may cause problems further down the line if you get divorced. An overseas wedding can cause many problems if it isn’t recognised in the UK. So what are the risks of marrying abroad? We look at the potential issues.
If you have a family law issue and you feel you need legal advice, contact specialist family solicitor Mark Heptinstall of Slater Heelis Solicitors. He is recognised as a ‘Leading Individual’ in The Legal 500 and ranked in Chambers UK, and is described as having “the amazing ability to bring calm into troubled waters”.
Foreign marriage
There is no requirement to register an overseas marriage in England after the event. The law governing the formal validity of a marriage entered into abroad is not the law of England and Wales, but rather the legal requirements of the country in which you married. That said, the general rule is that if the formalities of the marriage complied with the law of the place in which the marriage took place, the marriage is valid, even if it does not comply with the requirements of English law.
For example, there are some countries where customary marriages take place. These are performed according to the tribal tradition of their locality, and rarely include any sort of formality or paperwork. Even though such ceremonies lack these things, if the marriage is recognised in that country as valid, then it will be recognised in England too. Even polygamous marriages, where there are multiple husbands or wives, can in certain circumstances be recognised here if they are legal in the country where the ceremony took place.
If you marry someone from a country outside the UK, they may need a visa to live with you in the UK. The application process can be lengthy, expensive, and complex, with no guarantee of success. Issues like failing to meet the minimum income requirement can result in a visa denial.
If you have children, their nationality and citizenship may be influenced by the country where you marry, which could complicate matters if you move back to the UK or to another country. Should the marriage end and there are children involved, custody issues could become complicated by differing laws between countries.
If you need to divorce later, dealing with legal systems from two potentially different countries can make the process more complicated and expensive.
Inadvertently entering into a prenup and other financial considerations
Some countries have a tick box on the marriage application form to enter into a particular maintenance or statutory property regime. Because of international conventions, this could be recognised as a maintenance agreement which might adversely affect your ability to make claims in the future. If you wish to enter into a prenup, it should be drawn up in accordance with the law of where you intend to live once you are married.
In some countries, property and inheritance laws differ significantly from those in the UK, potentially leading to complications regarding the ownership and division of assets.
Marrying abroad can also have tax implications, particularly if you or your spouse have assets or income in multiple countries.
Ensuring the marriage abroad is valid
Understanding the notification and residency requirements is paramount to ensuring your marriage abroad is valid.
- Check the specific notification period for your chosen destination. Some countries require you to inform the local authorities of your intent to marry within a certain timeframe.
- Find out if there are any residency requirements before the marriage can take place, such as a minimum number of days you must be in the country beforehand. For example, if you wish to marry in France, you must be resident for 40 days before the ceremony takes place.
- Gather the necessary documents required by the country in which you intend to marry. This may include affidavits or proof of residency. Ascertain the legitimacy of all paperwork required for marriage in your chosen country. This includes validation of vital documents such as your birth certificate, passport, and, if necessary, decree absolutes proving divorce from previous marriages. Some nations require translations and certifications of the documents, too.
- Some countries may have prerequisites such as health screenings or specific witnesses.
- After the wedding ceremony, obtain certified copies of your marriage certificate, having it translated if not issued in English, and preserving all legal proofs of marriage.
If you fail to adhere to the relevant countries’ legal requirements, then your marriage may be deemed invalid, and therefore, if you separated could result in your case being dealt with under cohabitation laws as opposed to divorce laws.
What happens if the marriage is not valid?
In this situation, you will be considered as a cohabitant and will therefore have no automatic rights to maintenance or an equal division of matrimonial assets if you separate. You may have to bring a claim in a civil court to seek rights over the house you both live in. Being treated as a cohabitant significantly reduces the rights and financial remedies available to you.
What can I do if my overseas marriage is not recognised in the UK?
If your overseas marriage is not recognised in the UK, you may need to take additional steps to ensure that your marriage is legally valid. The process will depend on the specific circumstances of your marriage, but some common steps include:
- Getting married again in the UK – this involves complying with the legal requirements for marriage in the UK
- Applying for a declaration of validity – if you believe that your overseas marriage should be recognised in the UK, you can apply to the court for a declaration of validity. This is a complex process and involves providing evidence to the court that marriage is legally valid
- Applying for a court order – if you are unable to register your overseas marriage in the UK, you may need to apply for a court order to have your marriage legally recognised. This can be a complex and time-consuming process, for which legal advice is likely to be needed.
You can check if your overseas marriage is recognised in the UK by contacting the General Register Office who can provide advice on whether your marriage is recognised and what steps you may need to take to register it.
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The information on this website is to be considered a guide and is therefore not legal advice. You use this information with the understanding that Wiselaw does not accept liability for any direct or indirect losses as a result of anyone relying on or acting upon the information on this website. Whilst we endeavour to provide accurate information, Wiselaw does not accept liability for any errors or omissions on this website.
