International Advice

If you live in the UK but were married in another country, you need to ensure that your union is legally recognised in this country.

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International Advice

If you live in the UK but were married in another country, you need to ensure that your union is legally recognised in this country.

legal22 1.2

UNITED KINGDOM

LEADING FIRM

2021

legal22 1.2

UNITED KINGDOM

LEADING FIRM

2022

legal22 1.2

UNITED KINGDOM

LEADING FIRM

2023

legal22 1.2

UNITED KINGDOM

LEADING FIRM

2021

legal22 1.2

UNITED KINGDOM

LEADING FIRM

2022

legal22 1.2

UNITED KINGDOM

LEADING FIRM

2023

Request a callback

Enter your details below and organise a no-obligation, confidential callback. We offer a low-cost, fixed-fee consultation.

International Advice

If you live in the UK but were married in another country, you need to ensure that your union is legally recognised in this country.

The same applies for divorce.

This is because your marital status affects a wide range of issues including your legal next of kin, your tax allowance and entitlement to state benefits.

International Advice FAQ'S

Which country should I apply for my divorce in?

This will depend on where you are able to get divorced. You might be able to get divorced in more than one country depending on factors such as where you were born, where you are currently living and what nationality you are. It is important to bear in mind that the country that you get divorced in will also likely then be the country that deals with the financial issues, so you will want to take advice in each country that you think you might be able to get divorced in to ensure that you are maximising your position.

An international divorce is simply a normal that has international elements. For example, you might have a holiday home abroad, or you may have certain assets situation off-shore that require specialist treatment. You or your spouse may be a foreign national living in England and you may be able to get divorced here or in your home country. With family life becoming increasingly international it is becoming more and more important to be alive to international issues when considering a divorce.

As we say above, an international divorce is only really a divorce with international elements to it. You will need to obtain advice from a lawyer in each country where you think you might be able to get divorced to ensure that you choose the best country for you.

Your ability to divorce in England will be determined by certain factors, such as where you were born and how long you have been living here. If you are not already living here or have some connection here then it might be that you cannot divorce in England. If you do divorce in England and the financial matters are also addressed here then it might be necessary and, indeed, advisable, for you to travel to England. It is important to remember that England and Wales are treated different from Scotland and Northern Ireland and you should take specialist advice accordingly.

England is home to people from a variety of different cultures, faiths and traditions and they all differ from one another when it comes to marriage. It is a fundamental principle that for a valid marriage under English law it has to be entered into freely with the consent of both parties. If anyone is being forced into marriage then that can constitute a criminal offence. Anyone who is at risk of being forced to marry might be able to available themselves of a forced marriage protection order.

Many parents think that as a parent of a child they are free to take the child out of the country as and when they want. That is not necessarily correct. If two people hold parental responsibility for a child, then both parents need to give consent for a child to be taken out of the country. If that consent is not obtained and a child removed from the country, even if for a holiday, then that can constitute an act of international child abduction. Child abduction works both ways i.e. children can be abducted from and to England and Wales. If you think your child is at risk of being removed from England without your consent then there are remedies available from the English court and you must act urgently. Similarly, if you think your child has arrived in England and Wales without your consent then there are certain steps that can be taken to safeguard the child in this country. You must take urgent advice either way.

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