Are overseas marriages valid in this country?
This is often a question people ask, when they have got married abroad, as countries overseas have different laws and formalities for a valid marriage.
A foreign/overseas marriage will be recognised as valid, in this jurisdiction if the marriage was in compliance with the law of the jurisdiction in which it occurred in. Marriages in this jurisdiction must comply with the requirements of the Marriage Act 1949.
In most cases, if the marriage was recognised as valid in the country within which the marriage occurred it will be valid in this country. For example, if you were married in the Philippines as long as all the conditions that are required in the Family Courts in the Philippines were complied with for a valid marriage then this marriage will be recognised in the Courts in this country.
On the other hand, a civil marriage taken place at the Moroccan Consulate in London was found to not be registered or approved by the General Register Office or the local authority as a place or venue for a marriage and was not an approved or registered building under the English Marriage Acts 1949 (Dukali v Lamrani [2012] EWHC 1748 (Fam). The court denied the wife's application for leave to apply for financial relief as it could not be demonstrated to be a valid marriage. If the marriage is declared an invalid a "non-marriage", the parties are unable to apply for financial remedies proceedings.
Therefore, if a marriage complies fully with the rules of that country regardless of whether they are completely different from this jurisdiction, it will be a valid and recognised in the Family Courts in this country.
If you are unsure, you can provide all the information in your possession, to one of our experienced solicitors, who can provide a professional opinion on whether the conditions were followed.
If you would like support or assistance, or have any questions, then please contact our expert Family Team at Lawson-West on 0116 212 1050
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