Q&As

Can an application be made to recognise the status of an overseas divorce?

read titleRead full title
Published on LexisPSL on 19/07/2019

The following Family Q&A provides comprehensive and up to date legal information covering:

  • Can an application be made to recognise the status of an overseas divorce?

Can an application be made to recognise the status of an overseas divorce?

Under section 55(1)(d) of the Family Law Act 1986 (FLA 1986), any person may apply to the High Court or the Family Court for a declaration that the validity of a divorce, annulment or legal separation obtained in any country outside England and Wales in respect of the marriage is entitled to recognition in England and Wales.

FLA 1986, s 55(2) provides that the court shall have jurisdiction to entertain such an application if, and only if, either of the parties to the marriage to which the application relates:

  1. is domiciled in England and Wales on the date of the application

  2. has been habitually resident in England and Wales throughout the period of one year ending with that date, or

  3. died before that

Related documents:

Popular documents