If you’re thinking about divorce and discover you don’t have a marriage certificate, breathe — you’re not alone and it’s not usually a show-stopper. That said, missing documentary proof of marriage does complicate things: it can delay the court process, add cost (translations, certified copies, couriering), and in a few cases make the proceedings more legally complex.

This article explains what the law requires, why you might not have a certificate, how to obtain acceptable replacements, what to do if the other spouse is obstructive, and when the absence of a certificate can escalate matters.

What the law says: is a marriage certificate required to start a divorce?

When you apply for a divorce in England and Wales, you are expected to provide proof of the marriage — normally the marriage certificate or a certified copy issued by the register office where the marriage was recorded. The standard divorce application (form D8) lists the marriage/civil-partnership certificate or a certified copy as the document you should supply and says translations must be certified where necessary.

However, the court recognises that there are situations where the certificate can’t be produced immediately: the Practice Direction allows an application to be made without the document if you explain why it’s not available and give an undertaking to supply it as soon as possible.

The HMCTS online system allows you to submit an application without uploading the certificate up front — but it warns this may cause delays because the court will request the documents later.

Why you might not have the certificate (and whether the reason matters)

People lose access to their marriage certificates for many reasons. Common scenarios include:

  • The certificate was lost, destroyed or misplaced (home fire, move, bad filing)
  • One spouse has the certificate and refuses to hand it over.
  • The marriage took place abroad, and the original certificate is held in a foreign registry (or was never registered locally)
  • The certificate exists but is not in English (so you need certified translation)
  • The register office has the record, but the couple never collected a certificate (some ceremonies only record the marriage — the certificate is a separate document)

From a legal perspective, the reason matters mainly for process and urgency: if the document is simply lost, the solution is usually straightforward (order a certified copy from the General Register Office (GRO) or local register office). If it’s abroad or in a country with difficult bureaucracy, getting a certified copy may take longer (and require legalisation / an apostille and translation).

If your spouse refuses to hand it over, it’s a practical obstacle but not normally a legal bar — the court can accept alternative proof or order disclosure where appropriate. The court treats these as different practical problems, and Practice Direction rules set out how to proceed when a certificate cannot be produced when you apply for a divorce.

How to get a replacement or certified copy in the UK

If your marriage was registered in England or Wales, you can order a certified copy from the GRO or from the local register office where the marriage took place. Most councils now let you apply online or by post; some offer urgent/collection services for an extra fee. The certified copy issued by the GRO or superintendent registrar is what courts expect (a photocopy is usually not acceptable).

Practical points:

  • Have the names (including any maiden names), date and place of marriage to speed searches.
  • Allow for processing time (some local offices offer same-day or next-day special appointments, but not all).

Marriages abroad — special steps and delays

If you married abroad, you’ll generally need the original foreign marriage certificate or a certified copy issued by the foreign registry. The document may then require:

  • a certified translation (not just a simple Google translation), and
  • legalisation or an apostille (depending on the country) to be accepted by UK authorities/courts

Marriages validly entered into abroad are ordinarily recognised in the UK if they were valid under the law where they occurred, but you still have to prove the marriage to the English court (so you’ll need that foreign certificate or an authorised alternative). In practice, this often takes longer and costs more (translation fees, apostille fees, postal/courier costs).

Alternatives to the physical certificate — what courts will accept

If you can’t produce a certificate immediately, the Practice Direction and D8 guidance set out options and alternative methods of proof. They include:

  1. Certified copy from the register — the usual substitute (GRO or foreign equivalent).
  2. Permission to apply without the certificate where urgent — you can apply with a statement explaining why the certificate isn’t available and giving an undertaking to file it later; the court may allow this for urgent applications.
  3. Evidence under the Evidence (Foreign, Dominion and Colonial Documents) Act 1933 — used for certain overseas documents, with appropriate certification.
  4. Other methods authorised by statute or practice directions — for example registrar records, authenticated extracts from foreign registries, certified translations, or in very rare cases, witness statements corroborating the marriage and contemporaneous documentary evidence (invitations, photographs, joint bills showing status “married”, joint tax/immigration records). The court has discretion when the existence and validity of the marriage are not disputed.

Bear in mind that secondary evidence such as witness statements, photos, contemporaneous correspondence, etc is less ideal and often prompts the court to ask for more verification — which takes time.

What to do if your spouse refuses to give you the certificate

If your spouse is withholding the certificate out of spite or control, there are practical steps:

  • Apply for a certified copy yourself from the GRO/local register office (you don’t need your spouse’s permission to get a copy of the entry). This is the fastest route in most domestic cases.
  • If the marriage was abroad, contact the embassy/consulate or the foreign registry to request a certified copy; some countries allow relatives to apply but others require the parties’ consent or a power of attorney.
  • If your spouse’s withholding is part of wider obstructive conduct in the proceedings, your solicitor can ask the court to order disclosure or rely on the Practice Direction’s filing-without-document procedure (with an undertaking to produce the certificate later). If the other party refuses to comply with a disclosure order, the court can draw adverse inferences or make costs orders.

When will a missing certificate make things complex or costly?

As we have seen, missing certificates frequently cause delays or extra expense where:

  • The marriage was abroad in a country with slow bureaucracy or where certified copies are hard to obtain;
  • The certificate must be legalised and translated (add extra weeks and fees);
  • The court requires additional proof because the marriage’s validity or jurisdiction is disputed; or
  • The absence of a certificate generates contested procedural applications (e.g., applications for permission to file without documents, Part 18 requests for further information, or hearings to determine evidence admissibility).

Added costs may include solicitor time to draft statements of reasons, translation and apostille costs, courier fees, and — if matters become contentious — hearing fees or further litigation costs. If the missing document triggers a jurisdictional challenge (for example, whether a foreign marriage is valid), you can face complex international evidence rules and possibly parallel proceedings abroad.