We got married abroad, do we need to get divorced in the country we got married in?
No. Provided that the marriage ceremony was valid in the country in which it took place and that this is not disputed by your spouse; however, if your marriage certificate is in a foreign language, you will need to get it formally translated and provide a statement of truth or notarial certificate. The original marriage certificate and translation must be lodged at court when your petition is issued, and will not be returned to you.
I would like to start divorce proceedings but my husband doesn’t live in this country. Can I still go ahead?
Yes, as long as you satisfy the criteria that give jurisdiction to the Courts of England and Wales. These tests are based on habitual residence and/or domicile, although nationality can sometimes be relevant too in more complicated situations. Ask you solicitor about this at the earliest opportunity. You may have better alternatives bringing the proceedings in a different country.
Ann Corrigan is founder of Clarity Family Law Solicitors, a specialist family law firm based in Buckinghamshire but with a national and international presence. She is also a trained mediator and collaborative lawyer.