Making Sure You Are Divorced in England & Wales and the Place of Marriage/Birth

Our client and their spouse had a child together and, although they were divorcing, they were still amicable and wanted to remain good friends. We had to make the client aware of the divorce process and the legality around matrimonial finances, without upsetting the spouse.

The divorcing couple were born and married in Poland but domiciled in England and Wales. We had to make sure they were also officially divorced in their country of marriage and birth.

We held an initial meeting going through the laws around divorce in England and Wales. Firstly, we had to obtain a copy of the marriage certificate from Poland as well as a translated version. We issued the divorce application with both versions of the marriage certificates as a sole application on the HMCTS portal.

We researched the laws for divorce in their place of birth and marriage, which meant we needed to send the final divorce order to the local registry where they got married. This would also make them officially divorced in their country of origin as well as England and Wales, where they now domicile.

We applied for the conditional order after the 20-week holding period and, once the order was pronounced at court, we waited for the required six weeks before applying for the final divorce order. We managed to advise our client on the matrimonial finances and reached an amicable agreement. The parties maintained a friendship without any disputes.

Once we received the final divorce order, we sent a copy to the relevant registry in the place they married and were born. This meant their divorce was compliant in England and Wales as well as their place of birth and marriage.

“Working with Franklins led to a smooth transition, making sure there were no disputes between my ex-spouse and me.”

When the client first came for advice, they were not only unaware of the legal implications and process of divorce in the UK but also in their place of birth and marriage. They needed to conclude the matter so that they were officially divorced in both jurisdictions.

Where parties were married abroad, it is important to consider whether the divorce also needs to be registered in the country of marriage to ensure it is recognised there.