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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2314
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am looking to get a divorce and we are bith residing

Resolved Question:

I am looking to get a divorce and we are bith residing outside of the UK.
We were married in both Saudi Arabia and the UK in 2002, and we seperated five years ago, and the divorce finalised by the Saudi Courts at rhat time.
We both work/live in Saudi Arabia and are looking at having the divorce recognised in the UK.
Thanks
Submitted: 5 months ago.
Category: Law
Expert:  Harris replied 5 months ago.

Hi, thank you for your question. What is the nature of your residence in Saudi Arabia and are you there on a permanent basis? Has the civil divorce been dealt with in Saudi Arabia?

Customer: replied 5 months ago.
Hi HarrisSo. Both my ex and I work and live in Saudi Arabia, we both have dual Saudi/British citizenship, as does our son. Our marriage was registered in both countries. The divorce was finalised five years ago through the Saudi courts via a Talaq document, and we have been seperated since then.We share custody if our son with him spending weekdays with his mum, and the weekends with me.Although we both work and live in Saudi Arabia, we both go back to the UK quite regularly and have family there (parents live there).Hope this helps and let me know if any more information is required.RegardsShadi
Expert:  Harris replied 5 months ago.

Thanks for confirming. Based on the information you have provided you do not appear to meet any of the jurisdictional requirements to obtain a civil divorce in England. The jurisdictional requirements are as follows:

1. Both the Petitioner and the Respondent are habitually resident in England or Wales
2. The Respondent is habitually resident in England or Wales
3. The Petitioner and the Respondent were last habitually resident in England or Wales and one of them continues to reside there
4. The Petitioner is habitually resident in England or Wales and has been so residing for at least one year immediately before the petition is issued
5. The Petitioner is domiciled in England or Wales and has been residing there for at least six months immediately before the petition is issued
6. The Petitioner and the Respondent are both domiciled in England or Wales

Being a British Citizen, nor being married here, in itself does not given English Courts jurisdiction to deal with the matter and you will need to meet one of the above criteria to pursue a divorce in England.

I appreciate that this may not be the answer you would have hoped for but if you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

Expert:  Harris replied 5 months ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

Expert:  Clare replied 5 months ago.

My name is ***** ***** I have been a solicitor for more than 30 years

In fact you have difficult.

You are legally divorced in Saudi Arabia and the Uk will recognise it

Just make sure that you have an English translation of the Certificate

Please ask if you need further details

Customer: replied 5 months ago.
I have the translation of the Saudi divorce certificate. Where would I start? How would I get it recognised in the UK?
Expert:  Harris replied 5 months ago.

It is automatically recognised without you having to do anything.

Customer: replied 5 months ago.
Sorry if I need it spelled out, but what do you mean by automatically recognised? Dont I need to register the divorce? As per the records in the UK, my ex and I are still married, who do I tell that that is not the case. Furthermore, could I get remarried biw in the UK?
Thanks
Expert:  Harris replied 5 months ago.

The divorce certificate from Saudi Arabia replaces your marriage certificate and there are no "records" you need to update and you are not required to register the divorce. If you return to the UK and remarry, you need to provide the registry office with the divorce papers from Saudi Arabia to show you are divorced. There is nothing else you are required to do.

Customer: replied 5 months ago.
Hi again, and thanks for the responses.Just one more thing so that I am absolutely sure of what needs to be done.Would I need to apply for a "decree absolute" in order to end the marriage? I came across this information on the gove.uk site.Also, would this be required if I was to marry a non-UK national?Its just that I want to be sure I have everything I need to move forward.Thanks againShadi
Expert:  Harris replied 5 months ago.

No - you do not need to do anything at all regarding your divorce to be recognised in England. You do not need to make any further applications. If you wish to marry a non-UK national in England they will have to go through their background and immigration checks, but this is not in relation to your situation.

Harris, Law Specialist
Category: Law
Satisfied Customers: 2314
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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