Marriages abroad are the latest trend. At the last count in 2003, some 50,000 couples chose not to marry in this country. With choices ranging from luxury safari nuptials to sun drenched beach ceremonies, often at a fraction of the cost of the traditional white wedding, many would argue that marrying abroad is indeed preferable. Would this be the case however if, on return from an exotic honeymoon, the couple were to discover that their marriage was not recognised under English law? Worse still, it could have unforeseen consequences for their children, if one of them dies, they separate or divorce, as well as in relation to questions of nationality, immigration and tax.

Most couples, caught up in the excitement of the event, are insufficiently aware of the legal requirements for their marriage to be valid in England and Wales. Along with checking the seating plan, that the flowers and the DJ are all booked, couples who choose to marry abroad should also check that the ceremony will be recognised in their home country. Jerry Hall and Mick Jagger only discovered that their marriage abroad was not valid when they came to separate. The couple married in a Hindu ceremony in Bali in 1990. Yet, when it came to divorce some ten years later, the English Court ruled that the couple’s marriage was null and void, impacting her settlement entitlement and risking him not being automatically regarded as the father of his children, in law.

Steps to ensure your marriage abroad is recognised in England & Wales

• Make sure the ceremony follows the law of the country where you marry to the letter.
• Obtain an official copy of the marriage certificate.
• Obtain a certified copy of the equivalent of the Register of Marriages in the country where the marriage took place.
• The two documents above (with certified English translation where appropriate) should be lodged with the General Register Office, creating a record in this country of their foreign marriage. The GRO website provides further details.

The English courts will only recognise a foreign marriage as valid if it complies with the formalities prescribed by the law of the country where the ceremony was performed.

In the UK, the laws governing where couples can marry have been dramatically widened in recent years. It is now possible to marry legally in places as diverse as a Premier League football ground or a Scottish castle, but other countries’ laws may not be so flexible. For example, the dream wedding on the beach under a palm tree may not be valid unless a more formal ceremony also takes place at the local town hall.

If couples are in any doubt about the validity of a marriage ceremony abroad, it may be prudent to go through a civil ceremony on their return to this country.

An English divorce

Contrary to popular misconception, the law of the country in which a couple marry does not necessarily govern their potential divorce. So a couple that marry in France or Bali, may still divorce in England under English law.

This can have a significant impact, as the laws of different countries are likely to result in different financial settlements and family arrangements following a divorce. England is generally regarded as an extremely favourable for a dependant wife. If a couple have links with more than one EU country, it is important that they take advice as a matter of urgency. Whoever starts the divorce process first, decides which country’s laws will govern the divorce.

Emma Ries is a Family and Collaborative Lawyer and Partner at Kingsley Napley. For further information please email eries@kingsleynapley.co.uk or call 020 7369 3785