The Registration of Marriages Regulations 2015

Evidence of ending of previous marriage or civil partnership E+W

5.—(1) For the purposes of section 28B(2) of the Act, one of the following original documents must be provided to the superintendent registrar as evidence of the ending of a previous marriage or civil partnership of a person (“P”) giving a notice of marriage under section 27(1) of the Act—

(a) P’s decree absolute of divorce or decree of nullity of marriage granted by a court of civil jurisdiction in England and Wales;

(b) P’s dissolution order or nullity order obtained in England or Wales in accordance with Part 2 of the Civil Partnership Act 2004(1);

(c) a document, or documents, confirming P’s divorce or annulment granted by a court of civil jurisdiction in any part of the British Islands and recognised in the United Kingdom in accordance with section 44 of the Family Law Act 1986(2);

(d) a document, or documents, confirming the dissolution or annulment of P’s civil partnership granted by a court of civil jurisdiction in the United Kingdom and recognised in accordance with section 233 of the Civil Partnership Act 2004;

(e) a document, or documents confirming P’s divorce or annulment obtained in a country outside the British Islands and recognised in the United Kingdom in accordance with either—

(i) sections 45 to 49 of the Family Law Act 1986(3); or

(ii) articles 21 to 27, 41(1) or 42(1) of the Council Regulation;

(f) a document, or documents confirming the dissolution or annulment of P’s civil partnership obtained outside the United Kingdom and recognised in accordance with either—

(i) sections 234 to 237 of the Civil Partnership Act 2004(4); or

(ii) regulations made under section 219 of the Civil Partnership Act 2004(5);

(g) the death certificate of P’s spouse or civil partner;

(h) the presumed death certificate of P’s spouse or civil partner issued under paragraph 3 of Schedule 1 to the Presumption of Death Act 2013(6);

(i) if none of the documents listed in sub-paragraphs (a) to (h) are available to confirm the ending of P’s previous marriage or civil partnership, such other evidence as the Registrar General determines it is reasonable to accept in the particular circumstances of the case.

(2) Where any document listed in paragraph (1)(c) to (g) or (i) was created outside the United Kingdom and is not in English, a full translation must also be provided.

Commencement Information

I1 Sch. 3 para. 5 in force at 2.3.2015, see reg. 1

(1)

2004 c. 33.

(2)

1986 c. 55.

(3)

Section 45 was amended by S.I. 2001/310 and S.I. 2005/265.

(4)

Sections 235 and 236 were modified by S.I. 2005/3104. There are amendments to section 237, not relevant here.

(5)

Section 219 was amended by S.I. 2010/976. For regulations made under section 219, see S.I. 2005/3334.

(6)

2013 c. 13.