The following Family guidance note provides comprehensive and up to date legal information covering:
This Practice Note is impacted by the decision of the UK on 23 June 2016 to leave the EU. This has implications for practitioners considering which courts have jurisdiction to determine a dispute. For guidance, see Practice Note: Brexit and family law. This Practice Note sets out the current position on the recognition of overseas marriage or civil partnership.
Overseas marriages, civil partnerships (or their overseas same-sex 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, and
the requirements for an application for a declaration of status
Section 212 of the Civil Partnership Act 2004 (CPA 2004) brought into effect important changes relating to same-sex overseas relationships that largely mirror those relating to marriage. There are some differences, however. Therefore, civil partnership and marriage are considered separately in this Practice Note.
The determination of the validity of a marriage entered into abroad is divided into two categories:
the formal validity of a marriage
the essential validity of a marriage
The law governing
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