If you got married abroad, is the marriage recognised as being valid in the UK?

If you wish to escape the gloomy weather, and you’d like a destination wedding in the lovely Bahamas (we wouldn’t blame you), of if you were living abroad having married there, you should consider if your marriage is recognised as a legally valid in England and Wales.  This will affect how matters are dealt with should your relationship break down.

England and Wales have a very uncomplicated approach to recognising a valid marriage. You must be 18 or over, not already be in a marriage or civil partnership, not closely related and both parties must have freely consented to enter into marriage. 

We can’t cite every requirement for marriage in different countries, but the test for seeing if your marriage is valid in England and Wales is a simple one:

1. Did your marriage comply with the legal requirements of the country you married in?
2. Would your marriage (at the time you were getting married) be recognised as legally valid in England and Wales if you were getting married here?

Understanding the difference can be tricky to navigate, certainly with those whose requirements are particularly different to here. If your marriage abroad does not meet the criteria, then you can re-marry.

If your marriage abroad is recognised as a valid one here, and this relationship has broken down, you will need to seek a divorce before entering into another marriage. 

If there are financial matters to be resolved at the end of your relationship, it will be essential to consider if this should be dealt with under matrimonial law or law relating to cohabitees.

Please note that the law in Scotland is different to that of England and Wales.

Our family team are highly experienced in divorce and financial settlements.