David Hodson on International Family Law: Shackled by the need to file a marriage certificate

In the Brussels II race to issue English solicitors are often first to the chequered flag.  But just as we are about to cross the line by issuing the petition the English court sends out the safety car: "You don't have a marriage certificate" FPR 2.6(2). Of course not.  It is a rush job to gain priority of time. Leave can be obtained without notice to file a divorce petition without the marriage certificate with an undertaking to file it within a period. Brief reasons need to be given. Normally it is sufficient to say it is Brussels II race.

So why do some County Courts make it so difficult to obtain this leave quickly? Some courts say the district judge will deal with leave later in the day or perhaps the following day; a guaranteed likelihood of losing the race! Some court staff will even refuse the petition without a certificate and not mention the opportunity of leave. Some district judges on a...

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