A significant portion of divorces that occur within Australia are for marriages that occurred overseas. As every country has their own system for marriages and marriage certificates it can be difficult to obtain a copy of the marriage certificate if one was not provided when the wedding occurred. There are many reasons such as war, language barriers and a general lack of response that prevent one from being obtained when requested. This does not mean you cannot still get a divorce and this case study looks at one such situation, highlighting how these challenges often arise unexpectedly and how individuals may need additional guidance and support to navigate the process when essential documents cannot be accessed despite genuine and repeated attempts. The following case study outlines how this obstacle can be overcome with the guidance of our expert team.
We note that although this case study is based on a real matter all identifying details have been changed.
Jane Smith and John Smith decided to get married in 2010. John Smith was originally born in China, and he organised the wedding in China for the two of them, arranging the venue, celebrations, and all necessary documents well in advance. The couple then separated in 2021 after more than a decade together.
Jane Smith decided she wanted to get a divorce so she could move forward with her life. Jane never received a copy of the marriage certificate after the traditional wedding ceremony had been completed. Jane asked John to obtain a copy of the marriage certificate from China. John indicated he would obtain it when travelling to China as the Chinese authorities would not email or mail any official documentation. John contacted Jane after his travel to China and provided her with the intention to marry documentation filed prior to their wedding. John indicated he would not undertake any further attempts to obtain a marriage certificate and Jane did not speak any Chinese to communicate with the government officials regarding the marriage certificate.
Jane contacted us regarding proceeding with her divorce without the marriage certificate. We discussed the matter with Jane and obtained all information she had proving a wedding occurred, including photos, details of the ceremony and details of those that were in attendance to witness the wedding. Jane also provided statutory declarations from a few of the witnesses of the wedding, which further supported her account and helped clarify the circumstances surrounding the original ceremony. We also obtained evidence from Jane that her and John had represented themselves as being married since 2010. We compiled all the evidence regarding why it was not
possible to obtain a marriage certificate and all the evidence that they were married into an affidavit.
The Court accepted the prepared affidavit and granted the divorce at hearing, allowing Jane to move forward confidently with the next stage of her life.
If you were married overseas and are unable to provide a marriage certificate, you are not alone, and it does not mean you cannot move forward with your life. Every situation is different, and the challenges you face in obtaining overseas documentation can feel overwhelming. Our team is experienced in navigating these complexities and preparing the evidence the Court requires when a marriage certificate cannot be obtained.
We encourage you to reach out so we can discuss your circumstances, explain your options, and guide you through the process with clarity and confidence.
Contact us here. Call us on 1300 531 137 or email help@your-divorce.com.au to speak with our team about how you can progress your divorce, even without a marriage certificate. We’re here to help you take the next step.
