When British couples marry abroad, the validity of their marriage is determined by the law of the country where the marriage took place. This principle, outlined in the Matrimonial Causes Act 1973, means that if the marriage is valid in the country where it occurred, it is considered valid everywhere else.
However, if there is uncertainty about the validity of the marriage, individuals may need to seek a Declaration of Marital Status under the Family Law Act 1996.
Declarations as to Marital Status
Under the Family Law Act 1996, individuals can apply to the High Court or a county court for various declarations regarding their marriage, including its validity, subsistence, or lack thereof. These declarations can also address the recognition of divorces, annulments, or legal separations obtained outside of England and Wales.
Obtaining a Divorce in England & Wales without a Marriage Certificate
To initiate divorce proceedings in England & Wales, the petitioner must submit their marriage certificate or a certified copy obtained from the Registrar. If the certificate is from a foreign country and not in English, a certified translation is necessary. In urgent cases where the certificate is unavailable, the petitioner may provide an undertaking to file it later.
Lost Marriage Certificate from Abroad
If the marriage certificate from a foreign country is lost, individuals should contact the Registrar or equivalent authority in that country to request a certified copy. It's crucial to have evidence of the marriage and ceremony's validity. In rare cases where obtaining a copy is impossible, the court may consider allowing proceedings without the original document, but legal advice is recommended.
Preparation and Advice
It's essential to keep the marriage certificate safe and accessible. Each country has its procedures for obtaining copies, often through government embassies or websites. When marrying abroad, using a recognised tour operator or planner can help maintain records and assist in obtaining copies if needed. Keeping electronic copies of important documents is also advisable in case physical copies are lost.
