Unlike our Victorian Ancestors, for whom much of registration law was originally written, we now have a highly mobile population who can travel the world with relative ease. Many people therefore choose to marry outside this country, everywhere from a beach in the Caribbean to a drive through ceremony in Las Vegas! Here is some general information regarding marriages which take place abroad under foreign local law. If you are in the planning stages of such a ceremony you should contact the relevant Embassy or Authority in this country for advice, by going into the FAQ section of the Foreign and Commonwealth Office site at the link below and looking at the entry on marriages overseas.
Will our marriage abroad be recognised here?
Recognition of a marriage which took place outside the United Kingdom under foreign local law can only be determined by a Court. However, generally speaking the Registrar General advises that such a marriage would be recognised as valid here provided that it complied with the law of the country where it took place and the couple had the legal capacity to marry under their law(s) of domicile.
If a couple are concerned about the validity of their marriage they should seek legal advice. In such circumstances it may be possible to petition the Courts for a declaration of status under Section 55 of the Family Law Act 1986.
Where a marriage certificate is not in English it may be advisable to organise a literal translation for official purposes.
To marry according to the laws of another country you must ensure that you fulfil the regulations they dictate. There is usually a minimum residential requirement that you will have to build into your stay and most countries will need certain documents. If your travel agent or the Embassy here are unable to help with what you may need then you can ring the Foreign Office, Marriages Abroad Section, for advice.
In some cases you will be asked for a certificate of no impediment. This can be obtained by making an appointment with your Superintendent Registrar or at your local Register Office when you give notice of marriage. You need to be aware that the certificate you require can only be issued after 15 clear days from your appointment (21 days for marriage with a foreigner).
Can we register our marriage abroad here?
A marriage which took place abroad under foreign local law can not be registered here unless one of the couple is a serving member of, or is attached to, the British Armed Forces at the time of the marriage. This should be discussed with the Forces prior to the marriage taking place.
However, a record of the marriage may be lodged with the General Register Office (telephone 0151 471 4801) by depositing an original marriage certificate: this only applies to certain countries, see related links below, and where it is possible a fee of £20.00 will be required. This means that in future a marriage certificate could be issued by the General Register Office here, should the need arise.
How do I get an apostille?
Certain countries may require an official document, such as a birth certificate to be further authenticated. Full details of this service are available from the Foreign and Commonwealth Office, see related links below.
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