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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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What can I do to get a divorce? I separated from my husband

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What can I do to get a divorce? I separated from my husband about 4 years ago, we got mat married in Africa. We have 2 children together who live with me. He has the marriage certificate, which he sent in to the home office when he applied for his entry Visa to join me in the UK. I have gone to the solicitors about getting a divorce, they wrote to the home office requesting the marriage certificate but the home office refused on grounds of privacy and confidentiality. They stated that my husband is the only one that can access his home office entry file.
I have contacted him asking him to get the certificate for me but he refused. What do I do?
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

Hi
Thanks for your question.
You have two options.
The first is to get in contact with the registry where your marriage occurred. They will be able to refer you to the district or principal registry in South Africa where certified copies of your marriage certificate are held and you will have to order a copy. If it is not in English then you will have to have it translated for use with the divorce petition. I should imagine this would be easiest way forward.
The alternative would be an application to the Court for an order against the Home Office UKBA that the marriage certificate is released to you or your solicitor for use in your divorce petition. This would be very time consuming though.

I would investigate the possibility of obtaining a certified copy of the certificate from SA frankly.

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Tom
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