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Judicial / Other Proceedings

Judicial / Other Proceedings

English law recognises foreign divorces or civil partnership dissolutions in two categories: those obtained by judicial and other proceedings and those obtained other than by means of proceedings.

A divorce or dissolution obtained abroad by judicial and other proceedings includes a divorce or dissolution obtained through civil court proceedings in another country. However, this category also includes divorces / dissolutions obtained outside of the civil courts but with the involvement of some state official or officially approved agency as recognised by the law of the country where it was obtained. This may sometimes include a religious body, a local administrative agency or other official, state law approved authorities. Legal advice should be obtained.

‘Non-proceedings divorce’ or non-proceedings dissolution’ have different criteria to satisfy. It can be informal or outside state registered organisations. But there need to be good records and the other party must have a good opportunity to take part. It is harder to obtain recognition of a foreign ‘non-proceedings divorce’ or ‘non-proceedings dissolution’.