In an increasingly international world, it is becoming more common for couples to hold multiple wedding ceremonies. This often includes a legal ceremony and a religious or spiritual service in different countries (or legal jurisdictions). However, it is also possible for couples to have more than one legally recognised marriage ceremony. As this usually happens for cultural, religious, immigration or family reasons, in the belief that the marriage will last, there may be little or no consideration of the legal implications should the marriage end.
Family lawyer Vanessa Sampaio outlines what can happen if a couple has had two legal wedding ceremonies and shares some practical points to consider.
Can you legally marry the same person twice?
It is possible to have more than one legal marriage ceremony and receive a marriage licence or certificate if you marry the same person twice in different legal jurisdictions. It is not usually possible to marry the same person twice in the same country without a divorce or annulment inbetween, but this can sometimes happen.
Why might you marry the same person twice?
There are lots of reasons for this to happen. A couple may have a legal marriage ceremony in one country for family, cultural or religious reasons, or to comply with local legal requirements, and marry again in another jurisdiction for immigration reasons, or because their first marriage is not formally recognised in another jurisdiction where they wish to live, work or hold citizenship.
It is also not uncommon for a couple to be legally married abroad, then find that navigating foreign marriage certificates with banks and other organisations in their home country proves difficult, so they find it simpler to repeat the ceremony as a civil registration in their home country.
For the couple there is one marriage, but there have been two legally recognised weddings and this is where complications can arise.
What happens if you marry the same person again, while already legally married to them, and later decide to end the marriage?
If you are in this position, the legal status of each marriage can become more complicated than you might expect.
The first marriage, meaning the marriage that took place earliest in time, is treated as the valid marriage and receives full legal recognition. This remains the legal date of your marriage and is not replaced by any later marriage ceremony involving the same spouse.
If you decide to legally end the relationship, you must apply for a divorce in the usual way in respect of the first marriage.
The second marriage is treated as a void marriage because, at the time of that ceremony, one or both people were already legally married, even though they were married to each other. In legal terms, the second marriage is treated as though it never existed, which sounds simple but there can be complications.
In these circumstances, it is usually sensible to apply for a decree of nullity in relation to the second marriage, alongside divorce proceedings for the first marriage. A decree of nullity (often called an annulment) is a court order legally declaring that a marriage or civil partnership never existed.
Why do you need a decree of nullity if the second marriage is already void?
Although you are not strictly required to obtain a nullity decree for a void marriage, it can help to avoid confusion later, particularly if either of you wishes to marry someone else in the future.
Without a decree of nullity, practical difficulties may arise because there could be two marriage certificates with different dates relating to the same relationship. For example, this may cause uncertainty as to whether or not you remain legally married, and therefore whether you have the capacity to marry anyone else.
Furthermore, spouses on a void marriage can still make financial claims against each other and it is only possible for an order dealing with the finances, or otherwise terminating all claims against each other in respect of the finances, to be submitted to the court once nullity proceedings have been started.
Do you need to apply for the divorce and annulment at the same time?
No, but in many cases it makes sense to deal with both together because partners to a void marriage may still apply to the court for financial remedies and you could find yourself with financial proceedings in multiple jurisdictions.
If a financial order is needed to resolve claims between you, it is usually advisable for any order submitted to the court to confirm that it settles financial claims arising from both marriages. This can help avoid the risk of a potentially unscrupulous ex-partner attempting to apply back to the court for a second bite of the cherry on the basis of the second marriage.
What else might you need to consider if you have had two weddings?
- The status of the marriages in other countries
Not all wedding ceremonies result in legal marriages, so it is important to consider whether the ceremony complied with the legal formalities required in the country that it took place. If it did not, the ceremony may be treated as a non-marriage, meaning no further legal steps may be required in relation to that wedding. - Having the right documents available
Divorce applications can usually be made online using an electronic copy of the marriage certificate. Nullity applications, however, are submitted on paper to the Bury St Edmunds divorce unit. An original or certified hard copy of the marriage certificate will normally be required. - Recognition of orders in other jurisdictions
If you or your spouse live outside England and Wales, but are applying for divorce and/or annulment here, you may also need to consider whether the orders will be recognised abroad. Advice from a family lawyer in the relevant jurisdiction may be needed.
How Family Law in Partnership can help
Navigating the legalities of relationship breakdowns involving multiple marriage ceremonies can feel overwhelming, particularly where different countries and legal systems are involved.
If you are facing questions around the validity of a marriage, divorce, nullity proceedings, or financial claims across jurisdictions, our team can help you understand your legal position clearly and confidently.
We take a calm and constructive approach, guiding you through each stage with care and practical expertise. By bringing together leading family lawyers, mediators and counsellors under one roof, we can support both the legal and personal aspects of the family change you are facing, helping you to move forward with confidence and peace of mind.
