Do you need your Marriage Certificate to file for Divorce?
One of the steps in obtaining a divorce in Australia is proving there was a valid marriage. This is normally satisfied by providing the Court with a copy of the marriage certificate. If a couple was married in Australia they can just order a copy of the marriage certificate from Birth, Deaths and Marriages in the relevant state or territory, if they do not already have a copy of it. For more information on ordering your copy click here.
If a divorcing couple was married overseas and does not have a copy of their marriage document, they should first attempt to obtain a copy from the country they were married within. This may involve contacting the relevant registry office, embassy, or consulate, and following that country’s process for issuing replacement certificates. If it is ultimately not possible to obtain a copy of the marriage certificate, an Affidavit can be prepared in lieu of a marriage certificate to provide the Court with the necessary evidence that the marriage took place.
Affidavit in Lieu
An Affidavit in lieu of a marriage certificate must address two essential elements: the reason a marriage certificate cannot be obtained and credible proof that a valid marriage took place.
The first element is to explain to the Court why an actual marriage certificate cannot be provided as proof of the marriage – this is addressed by providing evidence of the attempts to obtain a marriage certificate from the country and any further context that explains why this is simply not possible.
The second element to an Affidavit in lieu of a marriage certificate provides the Court with the necessary proof that a marriage did occur even though there is not a marriage certificate as evidence. The exact details of what is included to address this component varies depending on the evidence a person has though there are some standard information that should be included. Details of when and where the marriage occurred should be included. Details of the actual ceremony, including who presided over the ceremony, if known, and the names of the witnesses to the ceremony are helpful. If there are photographs of the wedding, they can be annexed to the Affidavit. Further evidence after the wedding that the couple presented themselves as married on government documents can be included as well. This might include joint financial records, government documents (e.g., immigration forms, tax returns, or insurance policies) that identify the couple as married, and sworn statements from friends or family attesting to the marriage.
As much information as possible should be included in the Affidavit as the Registrar presiding over the divorce application will consider the information provided at hearing to determine if they can be satisfied that a valid marriage does exist.
Take the next step
Get in touch with us today to arrange a confidential consultation. We’ll take the time to understand your unique circumstances and, if you choose to proceed with your divorce application, we can prepare the necessary Affidavit in lieu of a marriage certificate on your behalf. Simply click here to submit some initial information and we will then be in touch to discuss your application further.