Case study: Esther and John got married while on holiday in Canada. They want to ensure that their marriage is valid in the UK.

Many couples in England and Wales get married abroad, whether they elope, plan a destination wedding, or have family ties in other countries. 

It is important to understand whether or not the marriage is valid in England and Wales. This may affect estate planning, parental responsibility and the financial remedies available on the breakdown of the relationship. Equally, it is important to understand that a ceremony abroad may give rise to the same legal claims and obligations as a marriage which took place in England. 

Foreign marriages will be recognised as valid in England and Wales provided they followed the formalities required to form a valid marriage in the country where the marriage took place. 

However, the parties must have the capacity to marry according to the law of the country they were domiciled in prior to the marriage. This means both parties must be over the age of 18, regardless of the minimum age of marriage in the country where the wedding takes place, for example. 

For more information on any of the issues raised in this article, please contact Rebecca Curran, Paralegal in the Family Law Department at SE-Solicitors at rcurran@se-solicitors.co.uk.