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Getting married overseas is an exciting and romantic adventure for many couples. Whether you’ve tied the knot on a sun-kissed beach or in a stunning European city, it’s a chance to celebrate your love in a unique and memorable way. However, if you’re a UK citizen who has married abroad, you may be wondering if your marriage is legally recognised in the UK. This is an important question as it can affect your rights and entitlements as a married couple in the UK.
In this article, we’ll explore what you need to know about whether your overseas marriage is recognised in the UK and what steps you can take if it’s not.
Overseas marriage laws and requirements
Different countries have different laws and requirements when it comes to marriage. Some require residency, blood tests, or a waiting period before you can get married, while others may have age or gender restrictions. It’s important to research and comply with the laws of the country where you plan to get married to ensure your marriage is legally valid.
In the UK, the legal requirements for marriage are straightforward. You must be at least 16 years old, not closely related to your partner, and free to marry. This means you must not already be married or in a civil partnership. If you’re planning to marry in the UK, you’ll need to give notice at your local register office at least 29 days before the ceremony.
How to check if your marriage is recognised in the UK
If you’ve already married overseas, you may be wondering whether your marriage is recognised in the UK. The answer, as with many legal questions, is “it depends.” The validity of your marriage in the UK will depend on a number of factors, including where you got married and whether you complied with the legal requirements of that country.
The UK recognises marriages that are legally valid in the country where they took place, provided they would also be recognised as valid under UK law. This means that if you got married in a country where the legal age of marriage is 15, your marriage would not be recognised in the UK as the legal age of marriage is 16.
If you’re unsure whether your marriage is recognised in the UK, you can check with the General Register Office. They can provide advice on whether your marriage is recognised and what steps you may need to take to register it.
Common issues with overseas marriages
There are several common issues that can arise with overseas marriages. These include:
Language barriers
Getting married in a foreign country may mean that you have to navigate language barriers. You may need to have documents translated or hire a translator to communicate with officials.
Cultural differences
Different cultures have different traditions and expectations when it comes to marriage. For example, in some cultures, it’s customary to have a religious ceremony, while in others, a civil ceremony is more common. Understanding and navigating these differences can be challenging.
Legal requirements
As mentioned earlier, different countries have different legal requirements for marriage. Failure to comply with these requirements may mean that your marriage is not legally valid.
Paperwork
Getting married overseas often involves a lot of paperwork, including obtaining visas, passports, and marriage certificates. Keeping track of all these documents can be overwhelming.
Legal steps to take if your marriage is not recognised in the UK
If your overseas marriage is not recognised in the UK, you may need to take legal 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
If your marriage is not recognised in the UK, you may need to get married again in the UK to ensure that your marriage is legally valid. This will involve 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 will involve providing evidence to the court that your marriage is legally valid.
Applying for a court order
If you’re unable to register your overseas marriage in the UK, you may need to apply for a court order to have your marriage recognised. This can be a complex and time-consuming process, and it’s advisable to seek legal advice.
The role of a family lawyer in overseas marriage recognition
If you’re struggling to have your overseas marriage recognised in the UK, it may be helpful to seek the advice of a family lawyer. A family lawyer can provide expert guidance on the legal steps you need to take to ensure that your marriage is legally valid. They can also assist with any court applications or paperwork that you need to complete.
FAQs about overseas marriage recognition in the UK
What happens 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 legal steps to ensure that your marriage is legally valid. This may involve getting married again in the UK or applying for a declaration of validity.
How do I check if my overseas marriage is recognised in the UK?
You can check if your overseas marriage is recognised in the UK by contacting the General Register Office. They can provide advice on whether your marriage is recognised and what steps you may need to take to register it.
Contact IMD Solicitors – Your Trusted International Family Lawyers
Getting married overseas is a dream come true for many couples. However, if you’re a UK citizen who has married abroad, you may be wondering if your marriage is recognised in the UK. The validity of your marriage in the UK will depend on a number of factors, including where you got married and whether you complied with the legal requirements of that country. If you’re unsure whether your marriage is recognised in the UK, it’s important to seek advice from the General Register Office or a family lawyer. By taking the right legal steps, you can ensure that your marriage is legally valid and enjoy all the rights and entitlements of a married couple in the UK. Contact us today to discuss your circumstances and how our team of experts can help you navigate the process successfully.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
F v F - Acted for a German husband in a complex financial remedy matter. He decided to instruct IMD Solicitors after he had lost trust in his previously instructed solicitors and feared that he would not achieve a favourable outcome from the proceedings. The relevant assets were spread across the globe with some located in the UK (including a multi-million pound business), Gibraltar, Spain, Dubai, and Poland. The overall value of assets exceeded £24 million. The husband had been cut off from the matrimonial assets and excluded from control of the business that had been established by his family. The case involved the instruction of numerous experts, for business valuations, Capital Gains Tax reports, and opinions on the enforcement of orders in foreign jurisdictions, and dealing with several applications, including applications for orders to freeze assets, prevent the disposition of assets, for the joinder of parties, and to litigate conduct issues. The final result exceeded the client’s expectations.
L v L - We were instructed by a mother in a complex international children matter. She was required by orders of the UK courts to return the child to the UK from Poland. She had travelled with the child to Poland but, following unsuccessful application to extend her stay there in August 2017, she decided not to return to the UK because the child disclosed sexual abuse by a member of the paternal family and the father. In September 2018, the Polish court dismissed the father’s Hague Convention application for the child's return on the basis of Article 13(b), a decision which the father appealed. In March 2019, the father applied to the UK High Court for an order for the child’s return pursuant to the procedure set out in Article 11(6) – (8) of the Brussels IIA Regulation. Despite the father's unsuccessful Hague Convention application in Poland, the UK court ordered the return of the child. Article 11 does not allow the court of the returning country much discretion. After all of this, the mother instructed IMD Solicitors to apply to discharge the orders of the UK Court for the return of the child. Even in the face of the fact that most applications to discharge such return orders fail, we succeeded. We are currently awaiting a decision in the UK courts on a further application for the transfer of jurisdiction to the Polish courts where the mother resides with the child.
G v P - We represent a Spanish mother in respect of an urgent application for a Child Arrangements Order and Specific Issue Order in the UK seeking the relocation of the child to Spain. This was after the return of the child to the UK under Hague Convection proceedings which this mother lost in Spain.
She was asking for an order for the relocation of the child back to Spain and an urgent interim Child Arrangements Order to allow her to see the child pending the final outcome of the UK proceedings. IMD successfully argued that, regardless of the return of the child to the UK under the Hague Convention, the mother should be allowed unsupervised overnight contact with the child. We were delighted to be able to secure her contact with the child for Christmas and she said that it was the best Christmas gift she could have wished for. The outcome of the application for the relocation is pending.
S v V - We currently represent the father in Child Arrangements Order proceedings issued by the mother in relation to variation of a UK order made in the face of numerous other international proceedings. He is an Italian National who has been living in France for the last 20 years and the mother is a Lithuanian national. The child is now 11 years old and proceedings concerning the child have been ongoing in various jurisdictions for the majority of the child`s life. Contested divorce proceedings including child arrangements took place in Monaco. The French Court and authorities were also involved, and various proceedings had been ongoing between parties since 2013 in France and Monaco.
The parties’ divorce was pronounced in Monaco. Thereafter, in December 2020, the mother submitted an application to relocate to England with the child, and the relocation took place in June 2021. Upon relocation, the she lodged a child arrangement order application, seeking to register a judgment made in Monaco and to vary the same in respect of the contact arrangements between the father and the child. The father seeks for the child’s return to Monaco.
Due to the parties’ mutual allegations and the associated international elements, various authorities and courts that have been involved in the case, the local authority has become involved with the family and a guardian has been instructed to represent the child in the UK proceedings. At present, these proceedings in England are ongoing and the outcome of the professional reports regarding the family are awaited.
P v P - We have acted for the Respondent Husband in relation to the financial remedy proceedings in the UK. The parties had various assets in the UK and Romania consisting mainly of the portfolio of properties but conduct issues were raised by the Wife due to a business of the Husband over which she had lost control and her allegations of dissipation of assets. The value of assets excluding the business were in a region of £3 million.
K v K - We act in financial remedy proceedings for a wife who is a Polish national. The matter's complexity mainly comes from a dispute between the parties around land in Poland. Its value was initially in dispute but was then assessed by a joint expert to be in the region of half a million pounds. The total assets in this case are estimated to be worth over £1 million. The land in Poland is a subject to contract with a third party and is being leased as a photovoltaic (solar) farm. The division of the land to achieve an equal share of the assets is complicated due to the contract in place and plans for the future use of the land. Currently the parties are awaiting a final hearing but efforts are being made to reach a settlement with the aid of alternative dispute resolution and in order to save the parties money and avoid further delays.
R v O - We acted pro bono and worked together with a law firm in Poland to ensure that the Costa Rican Mother regains access to her child. The Mother's only child was abducted from the UK in 2014. The Mother was successful with the abduction case and the UK family courts ordered the return of the child. The orders were recognised in Poland but unfortunately due to various issues with the Mother's immigration status and court's delays in Poland, the orders were never enforced. The Mother was facing removal from the UK and prospects of never seeing her child again. We have corresponded with various courts in Poland dealing with international abduction matters and we decided that an application for contact should be issued rather than any proceedings for further enforcement of the orders, as the Mother had not seen the child for around 7 years. At the same we secured the Mother's stay in the UK making successful outside of immigration rules application to extend her stay. We now receive regular photos from the Mother with her daughter, as face to face contact is taking place. We helped to secure an order of the Polish courts for the Mother to see the child regularly in person, whilst when she instructed us she was facing a prospect of never seeing her child again and being deported to Costa Rica.
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