• Accident & Medical Claims
    • Accident Claims
    • Road Traffic Accidents
    • Medical Negligence
    • Asbestos Claims
    • Serious Injuries
    • Funding Your Personal Injury Claim
  • Divorce & Children
    • Divorce & Separation
    • Children Law
    • Prenuptial & Postnuptial Agreements
    • Living Together
    • Domestic Violence
    • Same Sex Families
  • Wealth Management
    • Pensions
    • Financial Advice
    • Tax
    • Life Insurance
    • Residential Care Home Planning
    • Trusts
  • Wills & Inheritance
    • Wills
    • Dealing with a Death
    • Inheritance Disputes
    • Powers of Attorney
    • Court of Protection
    • Notary Services
  • Business Services
    • Business Disputes
    • Business Agreements & Contracts
    • Debt Recovery
    • Corporate Services
    • Insolvency Advice
    • Intellectual Property
  • Employment & HR
    • Employer Legal Advice – Managing Your Workforce
    • Employee Rights
  • Property Services
    • House Sales & Purchases
    • Commercial Property
    • Property Disputes
    • Landlord & Tenant
    • Planning Law
    • Construction & Engineering
  • Sectors
    • Education Law
    • Academy Conversion Services
    • Services for Academies
    • Education Training
    • Charities
  • About Us
    • Our People
    • Find Us
    • About
    • Careers at Nelsons
    • News
    • Events
    • Blogs
    • Fusion Legal
  • Pay Online
  • Our People
  • Find Us
  • About
  • Careers at Nelsons
  • News
  • Events
  • Blogs
  • Fusion Legal
  • Pay Online
logo
0800 024 1976 Email us
logo
For advice and support 0800 024 1976
Email us
  • Accident & Medical Claims

    Accident Claims icon arrow

    Compensation for your injuries

    Asbestos Claims icon arrow

    Asbestos exposure and related diseases

    Road Traffic Accidents icon arrow

    Car, bike, bus and lorry accidents

    Medical Negligence icon arrow

    Advice when you need it most

    Abuse Claims icon arrow

    Abuse compensation claims

    Serious Injuries icon arrow

    Head, brain and spinal injury claims

  • Divorce & Children

    Divorce & Separation icon arrow

    Resolving your relationship issues

    Children Law icon arrow

    Child arrangements and adoption

    Prenuptial & Postnuptial Agreements icon arrow

    Drafting and reviewing marital agreements

    Family Mediation icon arrow

    Resolving separation disputes

    Living Together icon arrow

    Legal protection for living together

    Domestic Violence icon arrow

    Protecting you from abuse

  • Wills & Inheritance

    Wills icon arrow

    Making or changing a Will

    Dealing with a Death icon arrow

    Probate and inheritance services

    Inheritance Disputes icon arrow

    Challenging or disputing a Will

    Powers of Attorney icon arrow

    Managing your financial and legal affairs

    Court of Protection icon arrow

    Making decisions for your loved ones

    Notary Services icon arrow

    Witnessing your documents

  • Wealth Management

    Independent Financial Advisers icon arrow

    Investment management planning and strategies

    Pensions icon arrow

    Corporate and personal pension planning

    Cash Flow Modelling icon arrow

    Strategies to calculate your future income

    Tax icon arrow

    Personal tax planning

    Residential Care Home Planning icon arrow

    Planning ahead for your future

    Trusts icon arrow

    Creation and administration

  • Business Services

    Business Disputes icon arrow

    Resolving commercial and business conflicts

    Business Agreements & Contracts icon arrow

    Commercial agreements for your business

    Debt Recovery icon arrow

    Collecting money owed to your business

    Corporate Services icon arrow

    Company law, banking and finance

    Professional Negligence icon arrow

    Compensation for negligent advice

    Restructuring & Insolvency icon arrow

    Corporate and personal, bankruptcy and liquidations

    Intellectual Property icon arrow

    Agreements, trade marks and disputes

  • Employment & HR

    Managing Your Workforce icon arrow

    Managing and supporting your workforce

    Employee Rights icon arrow

    Your rights in the workplace

  • Property Services

    House Sales & Purchases icon arrow

    Get an instant online quote

    Commercial Property icon arrow

    Real estate acquisitions, leases and disposals

    Property Disputes icon arrow

    Resolving property and land issues

    Landlord & Tenant icon arrow

    Services for landlords and commercial tenants

    Planning Law icon arrow

    Planning applications and appeals

  • Sectors

    Construction & Engineering icon arrow

    Contracts and alternative dispute resolution

    Education Law icon arrow

    Legal services to the Education sector

    Charities icon arrow

    Legal support for charities

    Dentists & Dental Practices icon arrow

    Specialist advice for dentists and dental practices

    Manufacturing icon arrow

    Specialist legal support and advice for manufacturers

    Family Businesses icon arrow

    Specialist advice for your family business

  • Home
  • Blogs
  • Blogs
  • Family
  • Is My Overseas Divorce Valid In England?

Is My Overseas Divorce Valid In England?

Posted on January 22, 2019 at 8:00 am.

Written by Layla Babadi

This article is for information only and does not constitute legal or financial advice. Please consult one of our qualified lawyers or financial advisers for advice tailored to your specific position.

An overseas divorce is one which has been obtained by means of judicial or other proceedings, or other than by means of proceedings, in any country outside the UK and which is effective under the laws of that country.

Validity of an overseas divorce – legislation

Under the Family Law Act 1986 an overseas divorce obtained by means of judicial or other proceedings is recognised in the UK, only if:

  • It is effective under the law of the country in which it was obtained; and
  • At the relevant date (that is, the date on which proceedings were begun), either party was either habitually resident or domiciled in that country or was a national of that country.

The term ‘judicial or other proceedings’ requires that there should have been some formal proceedings, either before a Court or some other formal body recognised by the state for that purpose (for example, in Pakistan the Union Council). It is an important aspect that the judicial or other body should be impartial as to the outcome of the proceedings.

An overseas divorce obtained otherwise than by means of proceedings is recognised in the UK if:

  • It is effective under the law of the country in which it was obtained; and
  • At the relevant date (that is, the date on which the divorce was obtained), both parties were domiciled in that country or one was domiciled there and the other was domiciled in a country which recognised the divorce; and
  • Neither party had been habitually resident in the UK throughout the period of one year immediately preceding that date.

The term ‘otherwise than by means of proceedings’ covers, for example, a meeting of family members convened to dissolve a West African customary marriage or to hear the pronouncement of talaq.

Comment

Recognition of an overseas divorce is important as it can affect your ability to remarry and cause issues in relation to Wills and inheritance, welfare benefits, marital status, and the financial remedies available to the parties involved.

Obtaining recognition of your foreign divorce in the UK can be extremely complex and we strongly advise anyone who is unsure to contact a legal professional in the UK to ensure their overseas divorce is valid and there could be no repercussions down the line.

Validity Of An Overseas DivorceHow Nelsons can help

Layla Babadi is a specialist Family Law Solicitor at Nelsons.

If you need advice on any foreign divorce related matter or have any other family law related queries, please contact Layla and she will be happy to discuss your circumstances in more detail and give you more information about the services that Nelsons’ Family Law team can provide.

Layla can be contacted on 0800 024 1976 or contact us via our online form.

Categories
  • Accident & Medical Negligence Claims
  • Business
  • Charity
  • Education
  • Employment
  • Family
  • Individuals
  • Property
  • Wealth Management
  • Wills & Inheritance
Recent Posts
  • Long Covid Classed As A Disability – What Does This Mean For Employers?
  • A Claim Of Occupation Rent In Relation To Property Held In A Deceased’s Estate
  • Building Safety Act Comes Into Force
  • CQC Report Highlights GP Service Providers Falling Below Standards In Leicestershire
  • High Court Dismisses Claims Of Undue Influence And Upholds Elderly Testatrix’s Will

Share this

Related articles

  • Family

Common Marriage & Divorce Myths

Read more

  • Family

The Rights Of Step-Parents In Respect Of Non-Biological Children

Read more

  • Family

New Law Raises Minimum Marriage Age To 18 In England And Wales

Read more

See all articles

Request a document we are storing for you

Email us

Join our mailing list to keep up to date with our latest news and events

Sign up
Nelsons logo
Nelsons Derby

Sterne House
Lodge Lane
Derby
Derbyshire
DE1 3WD

01332 372 372
Nelsons Leicester

Provincial House
37 New Walk
Leicester
Leicestershire
LE1 6TU

0116 222 6666
Nelsons Nottingham

Pennine House
8 Stanford Street
Nottingham
Nottinghamshire
NG1 7BQ

0115 958 6262
  • Our People
  • Our Offices
  • About Us
  • Careers at Nelsons
  • News
  • Events
  • Blogs
  • Fusion Legal
  • Terms of Use
  • Privacy Notice
  • GDPR FAQs
  • Client Records Retention Schedule
  • Cookie Policy
  • Complaints
  • Accessibility
  • Sitemap
  • Website by Hallam
  • Design by M&D
  • Lexcel logo
Cyber Essentials logo

Nelsons Solicitors Limited is a limited company registered in England and Wales (Reg No: 07219010) and a wholly owned subsidiary of Nelsonslaw LLP, a limited liability partnership registered in England and Wales (Reg No: OC335458).  Their registered offices are at Pennine House, 8 Stanford Street, Nottingham, NG1 7BQ. A list of members of Nelsonslaw LLP may be inspected at the registered office. Nelsons Solicitors Limited and Nelsonslaw LLP are authorised and regulated by the Solicitors Regulation Authority. Nelsons Solicitors Limited is authorised and regulated by the Financial Conduct Authority. Our notaries are regulated by the Faculty Office. Nelsons Solicitors Limited’s VAT No is 385 184 329.

 

We use the word “partner” to refer to a member of Nelsonslaw LLP and/or a director of Nelsons Solicitors Limited and its use in connection with the business of Nelsons Solicitors Limited should not be construed as an indication that any member or director carries on business in partnership with any other member or director within the meaning of the Partnership Act 1890.

We use cookies to improve your experience of our site (we do not track your identity). To comply with the new e-Privacy Directive we need to seek your consent to set these cookies. If you do not make a selection, we will assume that you consent to the cookies being set. Find out more. Accept
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT