Recognition of a foreign divorce

Whether a divorce obtained in a foreign country will be recognised in England and Wales is an important question for international couples as it can impact remarriage, inheritance and tax liabilities. The answer will depend on where and when the divorce was obtained.
 
A divorce obtained by a court order in the United Kingdom will be recognised in England and Wales. A divorce granted within the European Union whilst the UK was still a member of the EU is entitled to automatic recognition in England. If the divorce was granted in a country which is a signatory to the 1970 Hague Divorce Recognition Convention it will also be entitled to recognition.  

The recognition of a divorce in a country which is not covered above will be governed by The Family Law Act 1986.

If the divorce was obtained within proceedings the Courts in England and Wales will recognise the foreign divorce if it was:

• effective under the law of the country in which it was obtained;
• at the date on which the recognition is sought, either of the parties to the marriage were habitually resident, domiciled or a national of the country in which the foreign order was obtained; and
• it is also important that the divorce proceedings were started and finished in the same jurisdiction.

If the divorce was not obtained within proceedings the Courts in England and Wales will recognise the foreign divorce if it was:

• effective under the law of the country in which it was obtained;
• at the date on which the recognition is sought each party to the marriage was domiciled in that country, or either party to the marriage was domiciled in that country and the other party was domiciled in a country under whose law the divorce is recognised as valid; and
• neither party was habitually resident in the UK throughout the period of one year immediately preceding that date.

The Courts in England and Wales can refuse to recognise the foreign divorce if:

• the foreign divorce is incompatible with a decision already in existence determining the substance or validity of the marriage;
• where there was no subsisting marriage in respect of which a divorce or legal separation could be granted;
• where insufficient notice or no notice of the proceedings in which the divorce was obtained was given to a party;
• a party had no opportunity to participate in the proceedings and recognition would be contrary to public policy; or
• where the divorce was obtained other than by proceedings, there is no official document certifying the divorce and recognition would be contrary to public policy.

These factors should be borne in mind if you are seeking your foreign divorce to be recognised in England and Wales.

JQ v IQ [2025] EWFC 192

In this recent case HHJ Vincent ordered recognition of a Pakistan divorce obtained by the wife, where the husband had not been given notice of the proceedings, but where public policy considerations weighed against refusal of recognition and permission was granted for the wife to bring financial remedies proceedings in England.

The parties were both of Pakistani heritage but had been living permanently in the UK since 2003 and 2004 respectively. They married in Pakistan in 2007. In December 2023 the wife tried to initiate divorce proceedings in England but was unable to do so because the husband had destroyed the original and only copy of their marriage certificate. The wife instructed solicitors in Pakistan to assist her in obtaining a replacement copy of the marriage certificate and in May 2024 instructed them to initiate proceedings for a Khula (the mechanism by which a Muslim woman can apply to end a marriage) in Pakistan. In July 2024 a provisional decree of divorce was made and the wife served a copy of the Khula on the husband via Whatsapp which was marked as delivered and seen by the husband. In August 2024 the wife met with the husband’s assistant who confirmed that the husband had received the wife’s message. In October 2024 the Pakistani decree was made final.

In January 2025 the wife made an application in England for permission to bring financial remedy proceedings following the divorce in Pakistan. The husband filed an application in Pakistan seeking to set aside the divorce. In May 2025 the Pakistani court dismissed the husband’s application to set aside the Khula and the husband then appealed this decision. The husband also made an application for a stay of the wife’s proceedings in the first instance which was dismissed as although he was challenging the validity of the Khula in Pakistan it remained valid until the Pakistani court determined the issue.

The husband also made a cross-application under section 51, Family Law Act 1986 for the court to refuse to recognise the Pakistani divorce. HHJ Vincent summarised the two-stage approach to such applications: the first is to assess whether reasonable steps have been taken to give the respondent notice of the proceedings and whether they had sufficient opportunity to participate in the proceedings. The second stage is an overall discretion about whether recognising the divorce would be manifestly contrary to public policy.

The court found that there had not been sufficient steps taken to give the husband notice of the proceedings in Pakistan, nor a sufficient opportunity for the husband to have participated in those proceedings. The wife had given an address for the husband which she knew he was not living in. The wife could have effected service on the husband through solicitors or a process server in England. There had also been sufficient time before the first hearing for the wife to inform the husband of the proceedings and give him an opportunity to participate in them.

The court then went on to consider whether there were any public policy arguments in favour of recognising the divorce in England and concluded that there were. Whilst it was found to have been ‘deceitful and unfair’ for the wife to have acted as she had, on balance, the public policy considerations weighed against the refusal of recognition of the divorce: the husband had eventually received notice of the divorce; he had waited three months before seeking to set it aside; both parties accepted the marriage was over; and refusing recognition would create an undesirable ''limping marriage'' causing further delay in resolving financial matters.

HHJ Vincent therefore: determined that the public policy arguments fell in favour of recognising the Khula; made an order for the recognition of the divorce; and granted the wife permission to bring a claim for financial remedies in England.

The case is distinguishable from other previous cases where the overseas divorce was obtained deceitfully to frustrate the respondent’s financial remedy claims and highlights the court’s willingness and ability to recognise an overseas divorce where there is an application for financial relief and both parties accept that financial matters should be dealt with in England.

Considerations in choosing where to divorce

It is worth noting that if you married abroad, you do not usually have to obtain a divorce in the country where you married and even if you married abroad, provided you have some connection to England or Wales by either one party being domiciled or resident in England and Wales, you might be able to divorce in England and Wales.

If there is an option about which country you can divorce in, choosing where to start divorce proceedings is an important decision. When deciding this, you cannot consider the divorce proceedings in isolation. You need to also consider where financial matters should be determined.

Below are some factors that you should consider:

Procedural

1. Will a decree of divorce from the foreign jurisdiction be recognised in all countries that it needs to be?

2. If relevant, does the foreign jurisdiction  recognise  same sex marriage and/or civil partnerships and have jurisdiction to deal with them?

3. How long will the proceedings take to conclude?

4. Is attendance at any hearing required?

5. Are there practical matters such as language barriers, inconvenience or cost of travel to consider?

6. Will the proceedings be held in public or be capable of being reported in the press?

7. Will the court dealing with the divorce agree to transfer financial proceedings to another country if appropriate?

8. Will the foreign court assume responsibility over matters relating to the welfare of the children by virtue of it hearing the divorce?

9. Are there any existing proceedings and if so, can they be stopped?

10. How will the courts deal with an application to stop the proceedings? What is their approach if proceedings have already been started in another country?

11. Will the cost of any forum dispute outweigh the potential benefit?

12. Will there be tax or immigration consequences of admitting domicile or residence in a country?

13. Will there be any impact of the choice of jurisdiction on the parties' wills, inheritances and issues of forced heirship?

Financial

1. Where are the assets?

2. What type of financial orders are available and likely to be made in each jurisdiction?

3. Is it possible to obtain interim provision in the jurisdiction?

4. Will any interim provision allow costs to be funded?

5. Can freezing orders or other relevant interlocutory injunctions be obtained in the foreign jurisdiction and enforced?

6. Is there any material difference in the law that might affect the outcome:

• is there a limit on the quantum or duration of maintenance?
• how is child maintenance dealt with?
• is conduct taken into account?
• what approach is taken to pre-owned or inherited property?
• is the legal ownership of an asset likely to be significant?
• what weight is given to any nuptial agreement?
• can the court vary post-nuptial settlements?
• are there clean break provisions?

7. What approach is likely to be taken to needs?

8. Can the court deal with pensions? And make orders against foreign pensions if necessary?

9. What approach does the court take to company and trust assets and income?

10. What is the foreign court's approach to disclosure? And scrutiny of disclosure?

11. What approach does the court have to expert evidence?

12. Where are the witnesses?

13.  Are there any evidential rules that make proceeding in one jurisdiction more favourable?

Enforcement considerations

1. Will the financial orders obtained be enforceable in the jurisdiction where the assets are?

2. What means of enforcement exists in the jurisdiction and how effective and costly are they?

3.  If a financial order is made abroad, will the other party still be able to apply to the English court for further financial provision.

4. Will recognitions of orders be automatic or require a new set of proceedings in the country where enforcement will take place?

Can financial matters be determined in England if the divorce is pronounced overseas?

The fact that a divorce has been obtained overseas is not necessarily a bar to financial matters being determined in England and Wales. In England and Wales, the court retains jurisdiction to make financial orders after the pronouncement of a foreign divorce under Part III of the Matrimonial and Family Proceedings Act 1984 (MFPA 1984). This can even be the case if the party has already received a financial award in the foreign jurisdiction. However, the level of the award may impact on whether they will be permitted to do so.

Applications under Part III of the Matrimonial and Family proceedings Act require a two-stage process. The court must first grant permission for the party to apply for financial relief. The court may not grant permission unless it considers there is substantial ground for making an application. If permission is granted the party can then make the substantive application for financial relief.

The recent Court of Appeal judgment in Potanina v Potanin (No 2) [2025] EWCA Civ 1136 (“Potanina”) reinforces the importance of wealth protection for international clients even where there is no current connection to England. Wealthy spouses residing in less generous divorce jurisdictions are now arguably left more vulnerable to a subsequent attack on their assets via the English court.  

Please speak to one of our specialist Family law solicitors before deciding where divorce proceedings are to be issued.