Is Your Marriage Recognised In England?
This article was authored by Alexandra Tribe.
The romantic relationships we have are increasingly reflected by the globalised world in which we live. It is now entirely commonplace for international families to be made up of spouses and children all different nationalities and perhaps all living in a country in which none of them were born. In turn, there is then an increasing relevance in UK family law of marriages obtained abroad. The purpose of this article will be set out how the UK family courts will approach a marriage obtained abroad, and whether the same will be upheld as valid.
Is your marriage valid?
The subject of marriages obtained abroad is as diverse as the approach taken around the world to those formalities and to people's intentions when entering them. Some countries are more bureaucratic than others, some are far less formal. If there is any doubt as to the possible validity of a marriage a UK qualified family lawyer should be consulted. There is a perhaps surprisingly significant number of people who think they have obtained either divorces or marriages abroad, only to be told that they are not considered valid by the UK Court. This can be of huge relevance, as a valid marriage can stand as the gateway to the availability of financial orders and has significance in things such as tax relief and treatment under pensions or annuities.
How does the UK court decide if a foreign marriage is valid?
There are three main factors which the UK family Court will investigate to determine whether the marriage ceremony that has taken place should be considered valid and, consequentially, recognised. These are form, capacity and that it is not against public policy. These factors are consistent with the approach taken in most of Europe when considering a marriage ceremony undertaken abroad.
The starting point will be that the marriage process through which the parties have been complies with the local law in the country in which it was undertaken. Each country has different requirements when it comes to the requirements for a proper marriage and so it is extremely important when one is considering a marriage abroad to be fully aware of what requirements must be complied with. A country such as Oman, requires the specific permission of the government to be given to a non-Omani person seeking to be married there. There are some people each year who go through a ceremony purporting to be a marriage in Oman without first obtaining this...
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