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UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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hi , I am Ecuadorian , nationalized as british in 2010 , I

Customer Question

hi , I am Ecuadorian , nationalized as british in 2010 , I came to Ingland in 2006 t meet my wife , we married in Ecuador in 2005 . things didnt go well and we went to the Ecuadorian embassy and made divorce papers back in Ecuador using a lowyer , we did granted all right to a perito to do all the paper work back in Ecuador now my ex wife is married and I would like to get married too but I do not know what do I need or if I can marry here as british . my worst worry is that I dont know my status here in Uk .. and mainly because I am very afraid that my status isnt changed yet here , because people said to me that I may need to register my divorce but I honestly need some profesional advice . my fiance is from slovakia and I did check the requarements and its just my brith certificate and passport , but I am very stressed that at the last minute it will show that there is a problem with my papers and cant get married so I urgently need to have all my status and all needed to get married ... please ....!! would you help me . many thanks .
Submitted: 4 years ago.
Category: Law
Expert:  UK_Lawyer replied 4 years ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

Just to confirm have you and your wife officially divorced in Ecuador?
Are you a British citizen?
Do you have a copy of the divorced certificate?

Kind regards
Customer: replied 4 years ago.

I am not satisfied ..

Expert:  UK_Lawyer replied 4 years ago.
Thank you for your reply. I was asking information so I could answer your questions. Any in respect of your answer.

Under the Family Law Act 1986 an overseas divorce obtained by means of judicial or other proceedings is recognised in the UK only if:

it is effective under the law of the country in which it was obtained; and

at the relevant date (that is, the date on which proceedings were begun), either party was either habitually resident or domiciled in that country or was a national of that country.

The term 'judicial or other proceedings' requires that there should have been some formal proceedings, either before a court or some other formal body recognised by the state for that purpose (for example, in Pakistan the Union Council). It is an important aspect that the judicial or other body should be impartial as to the outcome of the proceedings.

An overseas divorce obtained otherwise than by means of proceedings is recognised in the UK if:

it is effective under the law of the country in which it was obtained; and

at the relevant date (that is, the date on which the divorce was obtained), both parties were domiciled in that country or one was domiciled there and the other was domiciled in a country which recognised the divorce; and

neither party had been habitually resident in the United Kingdom throughout the period of one year immediately preceding that date.
The term 'otherwise than by means of proceedings' covers, for example, a meeting of family members convened to dissolve a West African customary marriage or to hear the pronouncement of talaq.

In your case provided that you both divorced in Ecuador and one of you was a national of that country and your divorce was recognised in Ecuador then it would be recognised in the uk. You will therefore need to present your divorce certificate at the registry office and you would be fine to marry your partner.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards