Formalities, recognition and declarations

Recognition of overseas marriage or civil partnership

Overseas marriages, civil partnerships (or their overseas equivalent) and related foreign orders are now more commonly encountered. The law is far from straightforward. Three main issues arise:

•
whether the marriage or civil partnership is recognised in England
•
whether a formal or informal foreign order relating to a marriage or civil partnership (entered into in this jurisdiction or abroad) is recognised for the purposes of further proceedings or enforcement steps in England
•
the requirements for an application for a declaration of status

In contrast to the recognition of overseas divorce or dissolution of civil partnership, the recognition of an overseas marriage or civil partnership is determined in England and Wales by domestic law, both before and after 31 December 2020 (implementation period (IP) completion day), and therefore largely unaffected by the UK’s withdrawal from the EU (Brexit).

See Practice Note: Recognition of overseas marriage or civil partnership.

Recognition of foreign divorce and dissolution of civil partnership

Prior to IP completion day, Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition

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