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Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7600
Experience:  BA (Hons), PgDip, Practising Solicitor
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I live in the UK, have been separated for over 2 years... my

Resolved Question:

I live in the UK, have been separated for over 2 years... my spouse filed for divorce in august 2009, I had to sign a new form not long ago... so still waiting for a decree nisi, can I get married abroad to a foreign national?
Submitted: 5 years ago.
Category: UK Family Law
Expert:  Thomas replied 5 years ago.

Thanks for your question.

I’m afraid not, no. Until such time as you obtain your Decree Absolute in the UK or a final divorce decree in another country you are still legally married to your spouse. Any marriage elsewhere would require you to say that you were not married (ie. usually by way of certificate of no impediment to marriage) which you could not honestly give. If you did and then married you would be guilty of bigamy.

The decree absolute is the final divorce decree here in the UK and it follows on after your decree nisi. Once your decree absolute has been granted you will be legally divorce, no longer married and therefore free to marry another.
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Kind regards,

Customer: replied 5 years ago.
so could i get divorced abroad then?
Expert:  Thomas replied 5 years ago.
Yes, there is nothing stopping you getting divorced abroad but other divorce procedures won't be much different and it would obviously cost money.

If the petition has been issued here and your spouse is here as well then I would press ahead here.

Trust this clarifies, please click accept.

Kind regards,

Customer: replied 5 years ago.
sorry I asked if i could get a divorce abroad... my spouse lives abroad and i'm not sure how quickly she is prepared to move the process
Expert:  Thomas replied 5 years ago.
Yes, you can get a divorce in another country - there is nothing stopping you doing that but it will be subject to the same/similar procedural rules as here in most cases.

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Kind regards,

Thomas and other UK Family Law Specialists are ready to help you
Customer: replied 5 years ago.
okay Tom, thanks for your help.

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