Planning a wedding abroad - The Bridal Buzz

WARNING / Consider these two legalities before planning a wedding abroad

Solicitors warn that there can be significant implications if certain conditions are not met

The Destination Wedding Global Market Report* has found that the destination wedding industry was forecast to grow from £21 billion in 2022 to £28 billion in 2023. The report predicted that by 2027 the industry could be worth more than £78 billion, signalling a huge increase in those opting for weddings abroad.

According to a recent survey** conducted by Betterhalf, more than 47% of couples planning their big day will choose a destination wedding. Whilst a wedding on a sunny beach seems idyllic, it might not necessarily be the case that the marriage is recognised in England.

With wedding season underway, Nusrat Siddique, Associate Solicitor at Rayden Solicitors who are experts in expat and international divorce, has shared her insights on the legality of destination weddings, and what you’ll need to consider if you’re getting married abroad in 2024.

Will a marriage abroad be recognised as legal in England and Wales?

A wedding abroad can cause many problems if the marriage ever breaks down. For a marriage abroad to be recognised as legal in England and Wales, the following conditions must be met:

Ensure that the correct process in the country where the marriage took place is followed, so that it is recognised as a legal marriage there

“It is always advised to contact the local authorities or high commission of the country you wish to get married in to find out about local marriage laws, including what documents you will need”, Nusrat adds.

Ensure that the marriage is allowed under English law. For a marriage to be allowed under English law, you must be:
1. 18 or over
2. Not already married, or in a civil partnership
3. Not closely related

Before booking a wedding overseas, it’s therefore hugely important to check that it will qualify as a legal marriage as there are significant potential implications if it is not.

If the wedding has taken place abroad and the marriage meets the conditions above, it is possible to start divorce proceedings in England and Wales if the marriage breaks down.

What conditions need to be met for divorce proceedings following a destination wedding?

Both parties to the marriage are habitually resident in England and Wales;
Both parties to the marriage were last habitually resident in England and Wales, and one of them continues to reside there;
The respondent to the divorce is habitually resident in England and Wales;
If a joint divorce application is being made, either of the parties to the marriage is habitually resident in England and Wales;
The applicant to the divorce is habitually resident in England and Wales and has resided there for at least one year immediately before the application was made;
The applicant to the divorce is domiciled and habitually resident in England and Wales and has resided there for 6 months immediately before the application was made;
Both parties to the marriage are domiciled in England and Wales.
Either of the parties to the marriage is domiciled in England and Wales

Nusrat Siddique, Associate Solicitor at Rayden Solicitors says:

“The original marriage certificate should be kept safe as this will need to be submitted with the divorce application. If the marriage certificate is not in English, a certified translation would also need to be obtained and submitted alongside the original certification and divorce application.

If your marriage is not recognised as legal in England and Wales, then it follows that no lawful marriage took place and there cannot be a divorce in England. This inevitably affects the rights of the parties to the marriage as, in the eyes of the law, your relationship would be akin to that of cohabiting parties.

Cohabiting couples do not share the same legal rights and financial claims as married couples.”

Image credits: @tali__photography