I now pronounce you husband and wife (hopefully…..)

We are well into the throes of wedding season and for some that means a wedding abroad; be it a chateau in France, Greek island or exotic beach in the Caribbean (for some lucky guests!) Weddings are often considered the most important days of people’s lives and can be aspired to and planned for many years. Perhaps not the most fun part of ‘wedmin*’, but what are some of the legal considerations that need to be borne in mind when planning a destination wedding?

Usually, for marriages celebrated abroad to be legally recognised in England and Wales, the marriage will need to conform to, and take place in accordance with, local laws. For example, in France, only civil marriages are legally recognised. Whilst it is possible to have a religious or humanitarian wedding ceremony, these will not have legal effect and so it is common for French nationals to have two wedding ceremonies (one for legal effect in a Mairie (town hall) and a separate, more personal ceremony). As another example, in Greece, religious marriages are legally recognised, but there are requirements about who conducts the ceremony and the registration of the marriage that will need to be formally complied with.

For foreign nationals wishing to legally marry abroad, there can be additional hurdles to overcome. Some countries have residence requirements (which may impede some people from marrying legally in a particular country) and quite technical requirements about the necessary documentation to be provided (for example, some documents may need to be legalised by a Government office and translated by a court registered translator) – again, perhaps not the most exciting part of wedmin. 

In some countries, customary marriages may take place, which are those celebrated in accordance with local customs and culture. From the perspective of the English court, these wedding ceremonies will be governed by the law of the country in which they take place and recognition will depend on if formalities are complied with and the status overseas, notwithstanding the parties’ intent. If there is a dispute further down the line, it may be necessary for foreign lawyers or experts to advise on the status of the marriage.  

Given the sanctity of marriage and change in legal status that this brings, there are often stringent legal requirements that need to be complied with for the marriage to be legally recognised, and the consequences can be severe if formalities are not followed or adhered to. 

As an example, in the case of Hudson v Leigh [2009] EWHC 1306, the couple had a religious wedding ceremony in Cape Town in South Africa. Even though the ceremony had the ‘trappings’ of a marriage, it was understood that it would not be legally binding and that a civil legal ceremony would have to take place subsequently. This did not happen and, following the breakdown of the ‘marriage’ and subsequent application for divorce, a declaration was made by the English court that this amounted to a “non-marriage” meaning that the financial claims open to married couples could not be made.

Given the potential complexities and requirements of an overseas wedding, some couples choose to legally marry in England and Wales and then have a non-legal marriage blessing/celebration abroad (notwithstanding it may have all the ‘trappings’ of an actual wedding). When planning an overseas wedding it is important to make sure that the marriage will be legally recognised in England and Wales otherwise a couple will not have the formal status of being spouses, which many rights and responsibilities flow from, for example, in respect of inheritance, children and also claims on a future divorce. 

*Wedding admin and planning