# Married out of the community under english law



## cooper22 (Dec 11, 2014)

Hi there..i am an English Citizen who entered into a civil partnership with A South African in England.

We are know living in SA but are going through a divorce. i understand that because we married in England it is deemed as "out of the community" but does this apply if they had an English passport and was an english citizen before we were married??

Please help as i cant seem to get any answers.

Look forward to hearing from you


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## Saartjie (Mar 1, 2010)

cooper22 said:


> Hi there..i am an English Citizen who entered into a civil partnership with A South African in England.
> 
> We are know living in SA but are going through a divorce. i understand that because we married in England it is deemed as "out of the community" but does this apply if they had an English passport and was an english citizen before we were married??
> 
> ...


Hi,

Yes, if you were married in England, your marriage is governed under English law. As 'in community' does not exist in England (thankfully as its the most stupid legal concept I have ever heard of), you are married 'out of community'. 

The fact that the SA citizen has acquired the English passport does not interfere with the jurisdiction of the marriage.

Hope the above helps but if you have any questions let me know (practiced family law in England many moons ago).


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