header-logo header-logo

Look, no certificate

26 April 2013
Issue: 7557 / Categories: Case law , Judicial line , In Court
printer mail-detail

If a divorce petitioner who was married abroad has lost her marriage certificate and cannot get hold of a copy...

If a divorce petitioner who was married abroad has lost her marriage certificate and cannot get hold of a copy in the country of marriage (which has been ravaged by war) what procedural steps does she need to take in a non-urgent case in view of the Family Procedure Rules 2010 PD7A para 3.1? Para 3.2 only appears to relate to an urgent case.

In practice, the “urgent” procedure should be followed in “non-urgent” cases too. Where there has been no formal registration, evidence of the ceremony coupled with expert evidence of validity will usually be required. If registration but no certificate, it will normally be sufficient in the first instance for the petitioner to file evidence of the ceremony with an account of what happened to the certificate and why a duplicate cannot be obtained.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll