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Married in South Africa, Divorce in UK recognised?

  • RobynH
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4 years 8 months ago #472785 by RobynH
Hi All.

The husband and I were married in South Africa almost 2 years ago.
We are both South Africans and were living there at the time.

We have both been living in the London for over a year.
We are separating and will get a divorce.

I am interested in using an online company for the divorce here in the UK. But my concern is that we were married under South African law, so if we are divorced here will it be recognised in SA?

Looking forward to hearing from you.

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  • LittleMrMike
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4 years 8 months ago #473421 by LittleMrMike
It is certainly possible to be in a position where you have the choice of jurisdiction, and if this is so, the choice can matter quite a lot.

I''m sure there are certain '' marriages '' which wouldn''t be recognised by the English courts, e.g. if the '' marriage '' was made in a banana republic with no bananas, or if it was polygamous, or anything like that.

If the marriage never existed, then by definition there would no marriage to annul. But I''d have thought it was almost certain that the English Courts would recognise a marriage consummated in SA.

Similarly the likelihood is that an English decree would be recognised in SA but the only way of confirming it would be a lawyer qualified to practise there.

LMM

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  • RobynH
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4 years 8 months ago #473423 by RobynH
Thank you for your reply.

I have spoken to a number of solicitors here and in SA and they do confirm that if we are divorced here then it will be recognised by an SA court.

Thank you for your time!

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