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How to divorce remotely?

Law Asked by FloydRiddle on December 9, 2021

I am a UK citizen, who has been married to an American woman for about 18 months. We got married in the UK, lived together for about 3 months and later on she moved back to the US because of job opportunity. I stayed at home and later on we decided to break up. However we remained married on the paper and had an agreement when it comes to a divorce, none of us is going to have any property aquired since the moment of separation. So basicaly we have been separated for 10 months and now she assumed filing a divorce with an online company, and I hesitate whether it would be legit on the territory of the UK if we got divorced remotely like that, so I wonder how the process of a divorce could be accomplished, if she is not willing to come to the UK.

One Answer

The divorce under Florida, USA, law, will be recognised in the UK and have legal effect.

Under the Family Law Act 1986 an overseas divorce obtained by means of judicial or other proceedings is recognised in the UK only if:

  • it is effective under the law of the country in which it was obtained; and

  • at the relevant date (that is, the date on which proceedings were begun), either party was either habitually resident or domiciled in that country or was a national of that country.

https://www.gov.uk/government/publications/overseas-divorces-set13/overseas-divorces-set13

You may need to take additional steps in the UK as a Florida divorce certificate may not be familiar to organisations who need to be told of your divorce.

Obtaining recognition of your foreign divorce in the UK can be extremely complex and we strongly advise anyone who is unsure to contact a legal professional in the UK to ensure their overseas divorce is valid and there could be no repercussions down the line.

https://www.nelsonslaw.co.uk/foreign-divorce-valid-england/

Answered by Owain on December 9, 2021

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