Should EEA citizen register her divorce pronounced abroad by another non EU country

[Alesandria]

Hello,
I am EEA citizen(and have got dual citizenship). I have divorced with my ex. and divorce certificate was issue by Diplomatic mission of non-EU country in UK. Flashback: before coming in UK I have registered my marriage in EU country and posses appropriate marriage certificate.

My question: Do I need to register my divorce certificate in state register of EU country and whether I need to provide some document about my divorce when I will apply for Permanent Residence as a single person? OR Home office doesn't care what country issued my divorce certificate, much more important to have this document rather than register in the state register of EU country?

p.s just small insight what caused this question: to register my divorce in EU country I could only in EU country or in the second country where divorce has been done. Unfortunately, I couldn't use consular service on EU country in UK to register my foreign divorce despite I live in UK several years and this is the place of my residence.
Thanks in advance for any help!

[Richard W]

Why should the Home Office care whether you are divorced or not? It would only matter if you claimed to have a spouse or durable partner, or if it mattered who the father of a child of yours was.

Incidentally, are you sure you are divorced? If the divorce was conducted by the diplomatic mission, it might not be valid in English law.

[dan1988uk]

Why should the Home Office care whether you are divorced or not? It would only matter if you claimed to have a spouse or durable partner, or if it mattered who the father of a child of yours was.

Incidentally, are you sure you are divorced? If the divorce was conducted by the diplomatic mission, it might not be valid in English law.

Probably because the ex spouse is non EEA, since the OP said that the divorce certificate has been issued by a non EU country.

[Alesandria]

Why should the Home Office care whether you are divorced or not? It would only matter if you claimed to have a spouse or durable partner, or if it mattered who the father of a child of yours was.
Non of this - no kid, no one gonna claim partnership/ marriage.

Incidentally, are you sure you are divorced? If the divorce was conducted by the diplomatic mission, it might not be valid in English law.

Non of this - no kid, no one gonna claim partnership/ marriage.
Is these true - that divorce was conducted by the diplomatic mission, it might not be valid in English law?

[Alesandria]

Probably because the ex spouse is non EEA, since the OP said that the divorce certificate has been issued by a non EU country.

Yep, you are right - divorce happened in the diplomatic mission (Russia) because the marriage has been registered in Russia and procedure of divorce is much quicker.

[Richard W]

Is these true - that divorce was conducted by the diplomatic mission, it might not be valid in English law?

Such is Home Office internal guidance. Chapter 8, section 1 of the Immigration Directorate Instructions currently points to Chapter 8: Family members transitional arrangements, section 1, annex B, recognition of marriage and divorce. Article 4 therein says

As a foreign embassy, high commission, consulate or other diplomatic premises are for legal purposes regarded as being inside the United Kingdom, a divorce obtained from any such premises in the United Kingdom is not valid here.

I believe, but I haven't checked, that some of the legal argument from Radwan v. Radwan, quoted in Article 1.1 therein on the validity of marriages at embassies in the UK, also applies to divorces.

[Alesandria]

Such is Home Office internal guidance. Chapter 8, section 1 of the Immigration Directorate Instructions currently points to Chapter 8: Family members transitional arrangements, section 1, annex B, recognition of marriage and divorce.

Richard, so grateful for such detailed reply. Is this Immgration rules for nonEEA applying to enter or remain in the UK on the basis of their relationship with a family member who is a British Citizen, settled in the UK or in the UK with refugee leave or humanitarian protection.
Does it means there is any chance it could be relevant for EEA permanent residence application?

Because now after your reply it looks like I have got 2 issues:
1) should I register my divorce in EU country(not going to move there as so personally don't care whether their state register has got my divorce notice) for Permanent residence purposes

2) does UK recognize my divorce? as at the moment for divorce I am not British citizen and technically they should recognize document issue diplomatic mission of foreign country?

[Alesandria]

In regards of acceptance divorce by UK I have found https://www.gov.uk/government/uploads/s ... ivorce.pdf:

1.6 A foreign embassy or consulate cannot be regarded as a part of a country
outside the British Isles for the purposes of s.45 of the Family Law Act 1986. A
divorce obtained at a foreign embassy or consulate in England cannot therefore be
regarded as valid in English law. The court case of Radwan -v- Radwan, in which a
Talaq divorce was obtained at the United Arab Republic Consulate-General in this
country, led to this decision. However, where the hearing has taken place in another
country and the embassy has merely acted as a Registry Office in issuing the divorce
document, the divorce may be regarded as valid.

S

[Richard W]

However, where the hearing has taken place in another
country and the embassy has merely acted as a Registry Office in issuing the divorce document, the divorce may be regarded as valid.

I don't believe the embassy has so acted - but you may know different. A very relevant precedent is given in Russian couple’s divorce ‘not valid’ in UK despite wife’s remarriage, which references the judgement in Solovyev v Solovyeva [2014] EWFC 1546 (15 May 2014).

The Home Office internal guidance is a statement of their understanding of the law. It is most relevant for immigration matters, as it is the guide that will be used in making decisions. However, if their understanding is correct, it would be relevant to whether you could be charged with the criminal offence of bigamy if you remarried in the UK. It would also be relevant to whether any future child of yours could claim British citizenship from his actual father, and, I believe, to who will inherit your possessions when you die.

I don't see how it is relevant to your future permanent residence status, though you may have to consider adding an explanation to any statement as to your marital status so that you cannot be accused of lying.

Registering your divorce in your country of nationality may be relevant to your ability to sponsor a new partner under the EEA rules, and it might just be relevant to your marital status in the UK in so far as it depends on your having a foreign domicile.

[Alesandria]

Richard, thanks a lot!! Really helpful information. That lawsuit is exactly my case, and now I realized what a huge mistake I have done by divorcing in diplomatic mission. So now it's a question about non valid divorce rather than permanent residence which I presume doesn't require my divorce certificate when aply as a single.

[vinny]

However, where the hearing has taken place in another
country and the embassy has merely acted as a Registry Office in issuing the divorce document, the divorce may be regarded as valid.

I don't believe the embassy has so acted - but you may know different. A very relevant precedent is given in Russian couple’s divorce ‘not valid’ in UK despite wife’s remarriage, which references the judgement in Solovyev v Solovyeva [2014] EWFC 1546 (15 May 2014).

Subsequently,

3. ...Hence it became necessary for the petitioner to reactivate his petition for divorce.
....
6. In these circumstances the petitioner is entitled to the decree of divorce which he seeks. I accordingly hereby pronounce a decree nisi of divorce.

[Alesandria]

Subsequently,

3. ...Hence it became necessary for the petitioner to reactivate his petition for divorce.
....
6. In these circumstances the petitioner is entitled to the decree of divorce which he seeks. I accordingly hereby pronounce a decree nisi of divorce.

Did I get it right that now I have to file divorce using standard procedure (file divorce in court and etc) or after non-valid weird divorce in Russian embassy I should seek lawyers who are able to sort my case in court which likely will cost me fortune ?

[vinny]

Not sure what the procedure is. Ask at the Family Court?