Legalising a marriage or divorce obtained abroad

A marriage or a divorce that is valid where it took place is not automatically effective everywhere else. Recognition is a separate step, and its absence surfaces at moments when it cannot be fixed quickly.

Marriage

• Formal validity generally follows the law of the place of celebration — a marriage properly conducted there is usually recognised.
• Exceptions exist where the marriage offends the recognising country's public policy: minimum ages, prohibited degrees, polygamy, and same-sex marriage in the many jurisdictions that do not recognise it.
• Registration at home is required or advisable in many countries, and in some it must be done within a period.
• Practical consequences of non-recognition: a spouse cannot be sponsored for residence, cannot inherit as a spouse, and may not be treated as next of kin.

Divorce

• Recognition is more contested than for marriage, and turns on whether the court that granted it had jurisdiction under the recognising country's rules.
• Non-judicial divorces — religious or administrative — are recognised in some countries and not in others, which produces the situation of a person married in one jurisdiction and divorced in another.
• Financial orders are recognised separately from the divorce itself and may require their own enforcement process.
• Remarriage on an unrecognised divorce is the worst outcome: it can render the second marriage void and the children's status uncertain.

What to do

• Obtain the certificate or decree in a certified form, legalised for each country where it will be relied on.
• Register the event with your country of citizenship where that is provided for.
• Where a divorce was granted abroad and you intend to remarry, obtain confirmation of recognition in the country where the new marriage will take place, before it takes place.
• Keep the documents permanently. They will be requested for residence applications, inheritance and pensions decades later.