Are overseas marriages legally recognised in England and Wales?

If i marry abroad, will my marriage be legally recognised?

Many people who have married or are considering marrying overseas wonder whether their marriage will be legally recognised in England and Wales.

The short answer is: generally yes, as long as it meets the legal requirements of the country in which it was officiated. 

There is no requirement for couples who have married abroad to subsequently register their marriage in England and Wales. Provided that the marriage was in accordance with the laws of the country where it took place, it should be automatically recognised in England and Wales.

If you are considering or going through a divorce and are concerned about the legal status of your overseas marriage in England and Wales, contact Vardags today for a free initial consultation with one of our expert divorce solicitors.

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The legal validity of overseas marriages

A key principle of English and Welsh marriage law is that the validity of a marriage will be determined by the lex loci celebrationis – the law of the place where it was celebrated. The validity of a marriage in relation to the parties’ capacity to marriage, is governed by the law of their domiciles.

This was neatly summarised by Cotton LJ in Sottomayor v De Barros (No.1) (1877) 3 PD 1:

“The law of a country where a marriage is solemnised must alone decide all questions relating to the validity of the ceremony by which the marriage is alleged to have been constituted; but, as in other contracts, so in that of marriage, personal capacity must depend on the law of domicile.”

Therefore, a marriage conducted abroad will generally be recognised in England and Wales if it is recognised in the country it took place in. For example, a Nikah conducted in the UAE or Saudi Arabia will be legally recognised as a valid marriage in England and Wales, as both the UAE and Saudi Arabia observe sharia law and recognise a Nikah as a legal marriage.

Furthermore, despite the prohibition of bigamy in England and Wales, a polygamous marriage conducted overseas may be recognised. For a polygamous marriage to be valid, the parties must be domiciled in a country where polygamous marriage is permitted and must have married in a country where polygamy is permitted.

You can learn more about the limited circumstances in which an overseas marriage will not be recognised in England and Wales by reading our short guide here.

Can i divorce in england & Wales if i got married abroad?

Similarly to couples who marry in England and Wales, couples who have married abroad and have a valid, void or voidable marriage may apply for financial relief.

Where a divorce has already taken place abroad, it may be possible to apply under Part III of the Matrimonial and Family Proceedings Act 1984.

Whether a person who married overseas is able to apply for financial relief in England is dependent on English law, not the law of the country where they married. This was confirmed in the recent case of Tousi v Gaydukova [2024] EWCA Civ 203.

If you married your spouse abroad and are now seeking a divorce, you may need to instruct an expert who is familiar with the laws of the country where your wedding ceremony took place to determine whether a legal marriage took place in that country.

Case study: Tousi v Gaydukova

The case of Tousi v Gaydukova concerned the validity of a marriage between an Iranian husband and Ukrainian wife. 

Their marriage ceremony took place at the Iranian Embassy in Ukraine, and the parties intended and believed this to be a valid marriage. However, the marriage was not valid under Ukrainian or Iranian law.

At the initial hearing, the judge made a transfer of tenancy order in favour of the wife, without considering the validity of the marriage. The husband appealed on this basis, and the case was heard by Mostyn J in the High Court.

Mostyn J held that the marriage ceremony between the parties had been a ‘non-qualifying ceremony’ and dismissed the appeal. Furthermore, he found that the parties had no recourse to financial remedy, as no remedy would be available to them under Ukrainian law. As such, a nullity order could not be granted and the judge in the first instance had been correct to make a transfer of tenancy order between the parties on the basis that they were not spouses.

However, at the Court of Appeal, Moylan LJ held that Mostyn J’s approach to the financial remedies available to the parties had been incorrect. He agreed that the first instance judge’s decision to make a transfer of tenancy order was valid but disagreed with Mostyn J’s assertion that the parties had no recourse to financial remedy in England and Wales due to the legal position in Ukraine.

Moylan J determined that the jurisdiction where the marriage takes place has no effect on whether relief is available to the parties in England and Wales. If a marriage conducted abroad is invalid, the court must determine the relief available based on whether the marriage is void, voidable, or a non-qualifying ceremony (non-marriage) according to English and Welsh law.