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Nuptial Agreements Divorce

Beyond the 2018 reunion of Winona Ryder and Keanu Reeves in the rom-com of the same name, destination weddings are a longstanding favourite for couples planning their nuptials. Whether partners are choosing to exchange vows before the backdrop of the rolling hills of Tuscany, the white sand beaches of the Caribbean or beside an Elvis impersonator in Vegas, there is one vital (though slightly less romantic) consideration: will the marriage be legal when back on English soil?

Generally, a destination in itself does not have a bearing on whether a marriage is legally recognised in England and Wales (so that’s the green light for booking flights). However, there are precautionary steps that soon-to-be-wed couples should take.

Why check? If the marriage does not comply with local laws of the country of marriage and is not legally recognised in England and Wales, the parties will not be recognised as holding the status of ‘spouses’ upon their return. There are benefits and responsibilities flowing from being married in England and Wales including financial claims on divorce and also inheritance.  A couple whose marriage is not legally recognised in England and Wales will be treated as no more than cohabitees, for whom currently there are no protections in the event the relationship should end.

Treatment of Overseas Marriage in England and Wales

For a marriage that takes place overseas to be legally recognised in England and Wales, the marriage will need to have taken place in accordance with the local laws and processes of the jurisdiction in which it is performed – if you are considered legally married in the country in which you wed, you will receive the same status as those married here. The additional requirement for recognition of overseas marriages is that the couple would have been eligible to marry in the UK (i.e., they are over 16, they are not blood relatives, they are not already married) regardless of the local laws to their overseas marriage.

Local laws can vary greatly between jurisdictions, and this means couples planning to tie the knot away from home must seek guidance on the relevant requirements of the country in which they choose to marry.

As a first step, the gov.uk website has a helpful search engine to help you determine what documents you might need to get married abroad [Getting married or registering a civil partnership abroad – GOV.UK (www.gov.uk)].

In the event that you are considered legally married abroad and the additional requirement is met, couples are under no obligation to register their marriage in England and Wales.

Treatment of Religious Overseas Marriage in England and Wales

Religious marriages in England and Wales are not legally recognised unless accompanied by a civil ceremony and certificate of marriage.

However, where a couple takes part in a religious ceremony overseas in a country that recognises the religious ceremony alone as a legal marriage, this will ‘usually’ be considered a legal marriage in England and Wales.

The impact on pre and post-nuptial agreements

Where one or both of a couple have connections to an overseas jurisdiction, the impact of nuptial agreements should also be taken into account. Pre and post-nuptial agreements should be drafted with these connections in mind if there could be jurisdiction to divorce overseas.

Couples whose marriage is not legally recognised in England and Wales (for example if they have only had a religious ceremony in a country where it is not recognised) would not be able to rely on a pre or post-nuptial agreement.  Where parties are considering religious marriages without a civil ceremony, cohabitation agreements will be the more appropriate route to set out the intended division of assets in the event of relationship breakdown.

Which country deals with divorce?

Jurisdiction for divorce depends on the couple’s connection to a country (this is usually based on the parties’ habitual residence or domicile, not where they married)

Couples should seek to establish if there is jurisdiction to divorce in more than one country and, if so, which jurisdiction is likely to provide the most favourable outcome.  It is important to seek legal guidance on this before commencing divorce proceedings.

Contact us

If you are planning a destination wedding and need guidance on ensuring your overseas marriage is legally recognised in England and Wales, please contact the Family Team at Lester Aldridge.