International marriages bring richness and diversity - but also complex legal questions. One of the most frequent scenarios we see at Scornik Gerstein involves couples who married abroad and now wish to divorce in the UK.
The good news?
You can usually divorce in the UK even if your marriage took place in another country.
However, the rules and consequences can differ significantly, especially where assets, property regimes or children are involved.
This is exactly where Scornik Gerstein provides clarity, structure and international expertise.
Can You Divorce in the UK If You Married Abroad?
Yes - as long as the UK court has jurisdiction.
This depends on factors such as:
- Your habitual residence (where you live day-to-day)
- Your domicile (your long-term legal “home”)
- Whether either spouse is settled or integrated in the UK
- Whether one or both spouses have recently moved or returned to the UK
If at least one of you meets the jurisdiction requirements, you can normally proceed with a UK divorce.
Does the UK Recognise Foreign Marriages?
Generally, yes. Your marriage will be recognised if:
- It was legally carried out in the country where it took place
- Both parties had the legal capacity to marry
- The marriage followed the formalities required by that country
You will typically need your foreign marriage certificate, a certified translation, and sometimes an apostille.
We frequently assist clients in preparing and legalising foreign documents so they are accepted by the UK courts without delay.
“No-Fault Divorce” Applies Even If You Married Abroad
Since 2022, England & Wales operate a no-fault divorce system, meaning:
- You do not need to prove fault
- You do not have to disclose private details
- You simply confirm that the marriage has ended (irretrievably broken down)
This system applies regardless of where the marriage originally took place.
What About Finances, Property and Children?
This is where complexity increases.
Financial settlements across countries
UK courts can consider assets located anywhere, including:
- Property in Spain or other countries
- International bank accounts
- Overseas pensions
- Business interests
However, enforcing orders abroad may require additional steps.
Foreign property regimes
Countries such as Spain use systems such as:
- Gananciales (community of property)
- Separación de bienes (separation of assets)
These regimes may affect These may influence how assets are assessed - but UK courts may still apply their own principles.
Children
If children live in the UK, the UK courts will have jurisdiction and will typically handle:
- Residence
- Contact arrangements
- Parental responsibility
International relocation, travel permissions and child-abduction rules (Hague Convention) may also apply.
Why Divorcing in the UK Might Be Advantageous
Many clients choose to divorce in the UK because the system often offers:
- Broad judicial discretion
- Strong financial protection
- A simple online no-fault process
- For others, another jurisdiction may be more appropriate. Determining the correct forum is a strategic decision - and one we help couples evaluate carefully.
How Scornik Gerstein Can Help
We specialise in cross-border family law, and assist clients with:
- UK divorces for marriages celebrated abroad
- Translation and legalisation of foreign marriage certificates
- Financial settlements involving property or assets in Spain and other jurisdictions
- Cross-border property, bank accounts and businesses
- Navigating Spanish matrimonial regimes and enforcement
- Cross-border child arrangements and relocation matters
- Strategic advice on choosing the best jurisdiction for your circumstances
Whether you married in Spain, Latin America, the EU or elsewhere, our team ensures your UK divorce is managed smoothly and with full protection of your rights across countries.
Contact Scornik Gerstein
For expert guidance on international divorce and cross-border family law:
t: +44 (0) 207 831 7070
m: +44 (0) 754 066 7073
Address:
9–10 Staple Inn Buildings
Holborn
WC1V 7QH
London, UK
