Not all divorces that have taken place overseas will be recognised in the UK. You might think that if you were divorced in one country, surely it would be recognised anywhere, but this is not the case.
This means you could still be considered legally married and could cause major problems, such as if you want to remarry or in respect of your finances or future visitation rights.
In order to understand if your divorce is recognised legally in the UK, it is important to bear in mind where it took place. If your proceedings for divorce took place formally through the court in England and you have the final order of divorce (formally known as decree absolute) then your divorce will be recognised in the UK and in most of Europe Following Brexit however, this is not automatic, even though the UK remains a signatory to the Hague Convention, which provides the recognition of divorce in all contracting states. Around half of the EU member states are signatories, although noticeably not France and Germany. However, if you have a religious divorce in England (such as a Muslim Talaq or Jewish Get) it will not be recognised.
The courts of England and Wales will only recognise an overseas divorce if there have been 'formal proceedings' involving the court of that country (or for example a Union Council in Pakistan). A divorce which has taken a more relaxed approach and gone through an administrative process only and was conducted by some other body rather than the court will not be recognised.
It is also very dependent on where you have been living (your habitual residence or domicile). If your divorce took place overseas, you were a national of that country, and formal proceedings had taken place so the divorce was effective in that country, then this will be recognised in England. In addition, if either you or your spouse were habitually resident or domiciled in that overseas country at the date the proceedings began, this would also result in a recognisable divorce in England and Wales.
If you were married to your spouse overseas, this does not mean that you have to obtain a divorce in that country. A marriage that is valid and recognised allows you to can get divorced in England.
A divorce conducted overseas but not recognised in the UK can create significant problems for the individuals involved. One of the main challenges arises when one or both parties attempt to remarry in the UK. In such cases, the lack of recognition of the foreign divorce can result in the parties being considered legally married under UK law. This can lead to complications when applying for marriage licenses or dealing with issues related to inheritance, property rights, and financial matters.
It can also impact child custody and visitation rights. If a foreign divorce is not acknowledged in the UK, it may be challenging for the custodial parent to establish legal authority and enforce custody arrangements. This can cause emotional distress and legal disputes, affecting the well-being and stability of the children involved.
It is crucial for individuals facing such circumstances to seek legal advice to navigate the complexities and potentially pursue the recognition of their foreign divorce in the UK legal system.
If you have been divorced overseas and you are unsure if your divorce is recognised, you should take legal advice in the first instance to obtain clarification of your marital status.
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.