How to Get a Divorce in the UK if You Married Abroad: A Complete Guide

Will the UK recognise my marriage if it took place abroad?

Yes, the UK can recognise a marriage that took place overseas, but only if it meets certain legal conditions.

For your marriage to be considered valid under UK law, it must comply with the legal requirements of the country where the ceremony took place. In other words, the marriage must have been lawful and officially recognised in that country where it happened. 

For example, if you got married in Norway, your marriage has to be officially recognised in Norway for it to be legally valid in the UK. This is because after getting legally married abroad, you’ll only be required to register your marriage in the UK and, in some cases, present your marriage certificate. All the legal processes have already been concluded in the country where your marriage took place. 

If your marriage isn’t legally valid in the country where it took place, it may be considered invalid under UK law. And if your marriage isn’t recognised, you won’t be able to divorce in the UK legally.

Religious and customary marriages

Some religious or traditional marriages, such as Islamic Nikah ceremonies, are not automatically recognised in the UK unless they were also registered under the local civil law where they occurred. For example, a Nikah performed abroad may be valid if the country’s law recognises it and all legal requirements were met.

What are the legal requirements to divorce in the UK after marrying abroad?

When divorcing in the UK, the most important legal criterion is whether the UK courts have jurisdiction to handle your divorce. This depends on your habitual residence or domicile, not the location of the wedding. 

Post-Brexit divorce jurisdiction rules

Since the UK left the EU, divorce jurisdiction is now determined by UK domestic law, not EU regulations. This means you’ll need to meet one of the following eligibility criteria for the court to accept your divorce application:

• You and your spouse are both habitually resident in England or Wales.
   
• You and your spouse were last habitually resident together in England or Wales, and one of you still lives here.
   
• The respondent is habitually resident in England or Wales.
   
• The applicant (you) is habitually resident in England or Wales and has lived here for at least one year before applying.
   
• You are domiciled in England or Wales and have lived here for at least six months before applying.
   
• Both of you are domiciled in England or Wales.

If none of the above apply, you may still be able to divorce under the residual jurisdiction. This allows you to have a divorce in the UK if no other country can take your case, and one of you is domiciled in the UK.

Domicile vs habitual residence: what’s the difference?

These two legal terms are often confused, but they mean different things:

• Habitual residence refers to where you live regularly and have made your home. It involves physical presence and a degree of stability.
   
• Domicile is more about long-term ties. It’s the country you consider your permanent home, even if you're currently living elsewhere. Everyone has a domicile of origin (usually your country of birth), which can change only if you move permanently and intend to stay in the new country indefinitely.

What documents do foreigners need to get a divorce in the UK?

Here are the documents you’ll need to get a divorce in the UK;

1. Marriage certificate

You must provide the original or a certified copy of your marriage certificate. If the marriage took place abroad, the certificate must be from the official authority in that country.

2. Certified English translation (if applicable)

If your marriage certificate is not in English, you must also include a certified English translation. This should be done by a professional translator or a recognised translation agency.

3. Proof of domicile or habitual residence in the UK

You’ll need to prove your habitual residence or domicile in the UK. For this, you may need to submit documents like; 

• Utility bills or tenancy agreements
• UK bank statements
• Council tax bills
• Immigration documents showing visa or settled status

4. Proof of any previous marriage termination

If either spouse was previously married, you must provide evidence that the prior marriage was legally ended, such as a divorce decree absolute or a death certificate.

5. Valid identification

You’ll also need to provide a valid photo ID, such as a passport, a UK residence permit, or a visa (if applicable)

6. Optional: prenuptial or postnuptial agreements

If you and your spouse signed a prenup or postnup, you may want to submit this during the divorce process, especially if financial arrangements are involved. These documents can help the court understand each party’s original intentions.

When do I need a certified translation for a foreign marriage certificate?

If your marriage certificate is not in English, you must provide a certified English translation when applying for divorce in the UK. This is a legal requirement as UK courts need to understand and verify the document’s contents before proceeding.

What is a certified translation?

A certified translation is an official, professionally completed translation that includes a signed statement confirming it is a true and accurate representation of the original document. 

This statement typically includes the translator’s or translation agency’s full name, signature, contact details, the date of translation, and an official stamp or seal. 

To be accepted by UK courts, the translation must be completed by a qualified professional or a recognised agency, not handwritten or self-translated.

At Translayte, we provide certified translations accepted by UK courts, including for foreign marriage certificates. Our team delivers fast, accurate translations with 100% guaranteed acceptance. You can request a quote on our website for the exact price. 

translayte-customer-review-for-translating-divorce-papers

How to get a divorce in the UK for marriages abroad?

If you were married overseas but meet the legal requirements to divorce in the UK, the process is generally the same as for any UK-based marriage. However, there are a few extra steps if your spouse lives abroad or your documents are in a foreign language.

Here’s how to get a divorce in the UK;

Step 1: Apply for divorce

You can apply for a divorce either online, through the official government portal (recommended for speed and convenience), or via a solicitor, who can manage the process and ensure all paperwork is correctly completed.

You’ll need to show that your marriage has irretrievably broken down. With the no-fault divorce system, you don’t need any other grounds for divorce.

Step 2: Submit your documents

When applying, you’ll need to upload or post the required documents, including:

• Your marriage certificate (with certified English translation, if needed)
• Proof of habitual residence or domicile in the UK
• Valid identification

Check that all the required documents are accurate and valid for use to avoid delaying your application. 

Step 3: Serving divorce papers (if your spouse is abroad)

If your spouse lives outside the UK, you must still ensure they receive (or are ‘served’) the divorce papers. This may involve:

• Using international service rules, which vary by country
• Providing a translation of the divorce papers, depending on the local language
• Allowing extra time for delivery and response

If your spouse cannot be located or does not respond, you may need to apply for alternative service or request the court’s permission to proceed without their input.

Step 4: Waiting period and finalisation

Once the application is accepted:

• A 20-week cooling-off period begins after the application is issued. This timeline is for both parties to reflect, reconsider, and make practical arrangements before moving forward.
   
• After that, you can apply for the Conditional Order (formerly known as Decree Nisi). This is confirmation from the court that you are entitled to a divorce, but it does not end the marriage yet.
   
• Six weeks later, you can apply for the Final Order (formerly Decree Absolute). Once granted, this document officially dissolves the marriage and confirms that you are legally divorced.

The divorce process typically takes six to eight months, but it can take longer if documents are missing or incorrect, your spouse lives abroad and is hard to contact, or there are disputes over finances or children.

Is it better to divorce in the UK or abroad?

There’s a reason London is also referred to as the “divorce capital of the world,” and it’s not just a catchy nickname. 

The UK, particularly England and Wales, is known for awarding generous financial settlements, especially in cases involving high-net-worth individuals. 

So, is it better to divorce in the UK? Yes, it is especially if it involves splitting finances and assets. Courts here aim to share the assets fairly and most times start from a 50/50 split, particularly for longer marriages. This approach is to protect the financially weaker party, which may be stay-at-home parents or lower earners. Courts also consider factors like future needs, standard of living, and contributions to family life.

If you choose to divorce in another country, the outcomes may be different. Some jurisdictions do not recognise prenuptial agreements and may favour the financially stronger party. Even worse, their processes may be more complex. 

Overall, divorcing abroad can be more cost-effective, but the outcome may be less favourable for the lower-earning spouse. So, you be the judge. 

Pro Tip: Before making a decision, seek legal counsel in both countries, especially if international property, pensions, or custody issues are involved. Also, if you’re not ready for a divorce, you can apply for a legal separation where you both are still legally married but live apart. 

What problems might arise when divorcing in the UK after marrying abroad?

1. Unrecognised or invalid foreign marriage

A big shock for most couples who want to divorce in the UK is finding out that their foreign marriage isn’t even legally valid. This affects the entire plan because if your marriage isn’t legal in the country where it took place, you cannot apply for a divorce in the UK.

2. Missing or non-English documents

Your foreign marriage certificate must be the original copy, and if not in English, it must be accompanied by a certified English translation. Missing, unofficial, or poorly translated documents can lead to delays or outright rejection of your application.

3. Difficulty serving papers abroad

If your spouse lives in another country, you may face delays in serving divorce papers, especially if they are uncooperative or hard to contact. Some countries have strict requirements for receiving legal documents, and you may need help with international services.

4. Jurisdiction issues

UK courts can only grant a divorce if they have jurisdiction, based on either spouse’s habitual residence or domicile. If neither you nor your spouse meets the criteria, you may have to divorce in another country even if you're currently living in the UK.

5. Cross-border financial or custody disputes

If you and your spouse have assets in different countries or children living abroad, divorce proceedings can become more complex. You may need legal advice in multiple jurisdictions, and enforcement of court orders abroad is not always straightforward.

6. Differences in legal systems

If your spouse contests the divorce or files in another country, you may be navigating two very different legal systems at once. This can lead to confusion on which country’s laws apply, particularly in financial or child-related matters. 

To minimise these issues;

• Ensure all documents are accurate and translated where needed
• Understand your legal rights and obligations in both countries
• Seek advice from a solicitor experienced in international divorce cases

How much does a divorce cost in the UK?

At the most basic level, there’s a divorce fee of £612 to pay to the court. It is nonrefundable once you receive the notice of your divorce. 

If you choose to use a solicitor, you’ll also need to factor in their fees. For an uncontested divorce (where both spouses agree), solicitor costs can range from £500 to £1,500 plus VAT. For more complex cases involving finances, property, or children, costs can rise significantly, sometimes into the thousands.

Beyond the court and solicitor fees, you may face other costs, such as:

• Certified translations of foreign marriage certificates or other documents. This costs $31.75
• Document legalisation (apostille) if additional proof of authenticity is needed.
• Mediation services, if you and your spouse need help reaching agreements on finances or childcare.
• Barrister fees, if your case goes to court because of disputes.

If you’re on a low income or receive certain benefits, you may be eligible to get help with court fees through the government’s fee remission scheme.