In the recent case of G v M (decree of nullity)  the applicant wished to apply for nullity without having to produce a marriage certificate.
The applicant and respondent had taken part in a ceremony of Islamic marriage which all the parties believed would be recognised under English law. A marriage certificate was never issued.
After the couple separated the court had to determine whether the ceremony that took place constituted a ‘lawful marriage’. Cases such as these are assessed by the court on a case by case basis. It was ruled that there was sufficient evidence to support the argument that the couple had taken part in an Islamic marriage and that they believed it would be recognised under English law. The applicant was therefore allowed to petition for nullity without a marriage certificate.
If you would like advice on separation or divorce please contact our Family Law Department on Eastbourne 01323 727321 or Hailsham 01323 841481 for a free initial appointment.