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26 April 2013
Issue: 7557 / Categories: Case law , Judicial line , In Court
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Look, no certificate

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.

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Freeths—Heather Gibson

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Freeths strengthens national tax team with Heather Gibson appointment

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Debevoise expands London secondaries team with addition of Mary Lavelle

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NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
A client cannot use a costs assessment to investigate whether their solicitor received commission on an after-the-event (ATE) insurance premium, the Court of Appeal has held
Law firms cannot be compelled to disclose documents protected by unwaived legal professional privilege (LPP) during misconduct investigations, the High Court has clarified
Solicitors have urged regulators not to impose unnecessary cost and complexity on third-party litigation funding
International demand for UK legal services is surging, with exports at record levels, according to Law Society research
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