Marrying Abroad? Here’s what you should know before you go.
A wedding abroad can be an incredible experience. Whether you're dreaming of exchanging vows on a beach or in an exotic location, it's easy to see why so many couples choose to marry overseas.
While most couples understandably focus on venues, guest lists and travel arrangements, it's also worth taking a little time to consider the legal side of things. Doing so can help ensure there are no unexpected issues once you're back home.
Will My Marriage Be Valid in England and Wales?
This is one of the most common questions we are asked.
In most cases, a marriage that takes place abroad will be recognised in England and Wales, provided it was carried out in accordance with the laws of the country where the ceremony took place and both parties were legally free to marry.
That sounds straightforward, but every country has its own rules. Some require specific documents, waiting periods or administrative procedures before a marriage can take place. What is legally valid in one country may not necessarily be recognised elsewhere if the correct process has not been followed.
For that reason, it is important to check the requirements of your chosen destination well in advance.
Don't Leave the Paperwork Until the Last Minute
The legal requirements for marrying abroad can be more involved than many couples expect.
Depending on where you are getting married, you may be asked to provide documents such as:
- Passports
- Birth certificates
- Proof of address
- Evidence that you are free to marry
- Decree Absolute or Final Order if you have previously been divorced
Some documents may need to be translated or formally certified before they are accepted by local authorities.
Starting the process early can help avoid unnecessary stress as your wedding day approaches.
Is a Prenuptial Agreement Worth Considering?
For some couples, the answer may be yes.
Prenuptial agreements are becoming increasingly common, particularly where one or both parties have significant assets, own a business, expect to receive an inheritance, or have children from a previous relationship.
Although discussing a prenuptial agreement may not feel particularly romantic, many couples see it as part of sensible financial planning. Having open conversations about finances before marriage can often help avoid misunderstandings later on.
While prenuptial agreements are not automatically binding under English law, the courts are increasingly willing to uphold them when they have been properly prepared and both parties have received independent legal advice.
If a prenuptial agreement is something you wish to consider, it is usually best to begin the process several months before the wedding.
International Marriages Can Raise Additional Legal Issues
If you and your future spouse have connections to different countries, there may be other factors worth thinking about before the wedding.
For example:
- Where will you live after you are married?
- Do either of you own property overseas?
- Could immigration or visa issues arise?
- Which country's courts would deal with matters if the relationship were ever to break down?
Most couples will never need to think about these questions again, but understanding the legal position from the outset can provide valuable peace of mind.
Taking Advice Before You Marry
No one plans a wedding expecting to need legal advice in the future. However, taking advice regarding your assets and before marrying, whether abroad or at home, is often far simpler and more cost effective than trying to resolve problems later.
Whether you want reassurance that your marriage will be recognised in England and Wales, advice about a prenuptial agreement, or guidance on family law issues, obtaining advice before the wedding can help you start married life with confidence.
How We Can Help
Our family law team regularly advises clients who are planning to marry. We understand that every couple's circumstances are different and we provide practical, straightforward advice tailored to your situation.
If you are planning a destination wedding and would like advice on any legal issues before the big day, please get in touch with our team. We would be happy to help. Call 0330 0945 500, email info@neves.co.uk or complete our Contact Form and we'll get back to you