Formalities, recognition and declarations

Copyright © 2024 LexisNexis

Recognition of overseas marriage or civil partnership

Overseas marriages, civil partnerships (or their overseas equivalent) and related foreign orders are now more commonly encountered. The law is far from straightforward. Three main issues arise:

  1. •

    whether the marriage or civil partnership is recognised in England

  2. •

    whether a formal or informal foreign order relating to a marriage or civil partnership (entered into in this jurisdiction or abroad) is recognised for the purposes of further proceedings or enforcement steps in England

  3. •

    the requirements for an application for a declaration of status

In contrast to the recognition of overseas divorce or dissolution of civil partnership, the recognition of an overseas marriage or civil partnership is determined in England and Wales by domestic law, both before and after 31 December 2020 (implementation period (IP) completion day), and therefore largely unaffected by the UK’s withdrawal from the EU (Brexit).

See Practice Note: Recognition of overseas marriage or civil partnership.

Recognition of foreign divorce and dissolution of civil partnership

Prior to IP completion day, Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Existing user? Sign-in TAKE A FREE TRIAL
Powered by Lexis+®
Latest Family News

Family Procedure Rules 2010 Practice Direction Update No 7 of 2024

The seventh Family Procedure Rules 2010 (FPR 2010) Practice Direction (PD) update of 2024 has been issued, making amendments to six existing PDs and inserting three new PDs. The PD update makes provision for transparency orders where reporters have attended hearings in most types of proceedings relating to a child and in placement order proceedings where the application for a placement order is made within proceedings for a care order. Permanent provision is made to underpin the contested financial remedy online digital service for legal representatives. The pathfinder pilot is extended until 31 March 2026 in existing sites and expanded to additional courts. The pilot for notification to the police of non-molestation orders and of occupation orders with a power of arrest attached is extended until 28 February 2026. Amendments to allow local flexibilities to be adopted in the Child Arrangements Programme are extended until 28 February 2027 and the correct address for filing certain documents with the High Court is updated.

Online Procedure Rule Committee minutes—2024 in review

The Online Procedure Rule Committee (OPRC), established under the Judicial Review and Courts Act 2022 (JRACA 2022), creates rules governing the practice and procedure for specific types of online court and tribunal proceedings across the Civil, Family and Tribunal jurisdictions (CFT). The OPRC holds regular meetings, for which the minutes are published. This News Analysis summarises the key developments in 2024 and looks forward to potential future developments.

Family weekly highlights—19 December 2024

This week's edition of Family weekly highlights includes details of the Family Procedure (Amendment No 2) Rules 2024, the Law Commission scoping paper on financial remedies on divorce and dissolution and minutes from the Online Procedure Rule Committee meetings. The Family Procedure Rules 2010 Practice Direction Update No 7 of 2024 is also considered. Recent judgements on representation and procedural unfairness, inter-country adoption and strike out of an application for nullity are considered. Three new graphics added to Practice Notes in Family Practical Guidance are also set out.

Law Commission scoping paper on financial remedies on divorce and dissolution

Family analysis: The Law Commission has published a scoping paper on financial remedies on divorce and dissolution. The fundamental question underlying this project was whether the current law ‘provides a cohesive framework in which parties to a divorce or dissolution can expect fair and sufficiently certain outcomes’. The Law Commission found that it does not. This News Analysis considers the background to this project, the Law Commission’s findings and what might happen next.

View Family by content type :  
News
Practice notes
Precedents
Q&As

Popular documents

Letter to court applying for decree absolute more than 12 months after decree nisi (pre-DDSA 2020)

Letter to court applying for decree absolute more than 12 months after decree nisi (pre-DDSA 2020)Dear [insert organisation][insert case name] [insert case reference number]We enclose our client’s application for decree nisi to be made absolute.The application for decree absolute is lodged more than

When completing an Acknowledgement of Service (D10) for the new divorce process under the Divorce,

When completing an Acknowledgement of Service (D10) for the new divorce process under the Divorce, Dissolution and Separation Act 2020, question 7 asks if you intend to ask the court to delay the divorce until it is satisfied with your financial situation. Should ‘Yes’ be ticked as a matter of

Is a divorce petition a public document and can anyone request a copy? If not, is there anything to

Is a divorce petition a public document and can anyone request a copy? If not, is there anything to prevent a party to a divorce from giving copies of the petition to a third party such as an employer?Once the decree absolute has been pronounced in relation to a divorce, it is a matter of public

Declarations as to marital and civil partnership status

Declarations as to marital and civil partnership statusAn application for a declaration as to marital or civil partnership status may be made where there is doubt as to the validity or recognition of a marriage or civil partnership, or of a divorce/dissolution, annulment or legal separation obtained
Letter to court applying for decree absolute more than 12 months after decree nisi (pre-DDSA 2020)

Letter to court applying for decree absolute more than 12 months after decree nisi (pre-DDSA 2020)

Letter to court applying for decree absolute more than 12 months after decree nisi (pre-DDSA 2020)Dear [insert organisation][insert case name] [insert case reference number]We enclose our client’s application for decree nisi to be made absolute.The application for decree absolute is lodged more than

When completing an Acknowledgement of Service (D10) for the new divorce process under the Divorce,

When completing an Acknowledgement of Service (D10) for the new divorce process under the Divorce,

When completing an Acknowledgement of Service (D10) for the new divorce process under the Divorce, Dissolution and Separation Act 2020, question 7 asks if you intend to ask the court to delay the divorce until it is satisfied with your financial situation. Should ‘Yes’ be ticked as a matter of

Is a divorce petition a public document and can anyone request a copy? If not, is there anything to

Is a divorce petition a public document and can anyone request a copy? If not, is there anything to

Is a divorce petition a public document and can anyone request a copy? If not, is there anything to prevent a party to a divorce from giving copies of the petition to a third party such as an employer?Once the decree absolute has been pronounced in relation to a divorce, it is a matter of public

Declarations as to marital and civil partnership status

Declarations as to marital and civil partnership status

Declarations as to marital and civil partnership statusAn application for a declaration as to marital or civil partnership status may be made where there is doubt as to the validity or recognition of a marriage or civil partnership, or of a divorce/dissolution, annulment or legal separation obtained