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Unrecorded Marriage Can Still be Terminated

PLEASE NOTE: Information in this article is correct at the time of publication, please contact DFA Law for current advice on older articles.

How do you prove that you are married when a valid marriage certificate is not available?

This question may not often arise, but it does sometimes happen that a marriage certificate cannot be produced, which can be particularly problematic when someone is seeking a divorce.

Fortunately, there is a way around the problem, as a woman was recently pleased to discover. She had been married in an Islamic ceremony, but no certificate of marriage was produced. She wished to have the marriage annulled.

Evidence was presented that she, her husband and the Imam all believed the marriage to have been valid, despite the appropriate paperwork not having been prepared at the time of the ceremony.

In light of this , the High Court allowed her petition for nullity to proceed without having to file a certificate of marriage.

Says Alan Kiddle, “Problems over the validity of a marriage are most common when the marriage ceremony has been conducted abroad. We can assist you with any issues that arise in family break-up.”

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