Unregistered C of E Marriage

[Tinky456]

I got married in 2013 and my Marriage Certificate got sent to Home Office for my partners immigration case.

They didn't return it when case was over so i applied on-line for a certified copy.

When nothing was sent to me i contacted the website and they vonfirmed to me they could find No trace of the marriage being registered! They suggested i contact the church who did our wedding.

I managed to get a certified copy from them. However my question is : Am i actually legally married as it apoears mu marriage was NEVER registered.

I want to get a divorce as the marriage was a disaster. We have been separated now for 2 years. But if I am not legally married DO I NEED A DIVORCE??

Any help would br appreciated. He said he will not sign if i apply for a divorce although he is in UK illegally as he may want to apply again for permission to remain. However i want to cut all ties.

Your help eould be appreciated he was an alcoholic who bought so much stress to my life.

Thank you

[slainte caragh]

Re: Unregistered C of E Marriage

Just found this http://rightsofwomen.org.uk/get-info...-law/marriage/

Religious marriages
For legal purposes, there are three different types of religious marriage ceremonies. If the correct procedure is not followed the marriage will not be valid.
Church of England marriages must be conducted by a member of the clergy, for example an Anglican Priest, who will register the marriage. The marriage must take place in the presence of two witnesses and in accordance with the rules of the Church of England.
Quaker and Jewish marriages are recognised differently to other religious ceremonies. For example, there is no need for the marriage ceremony to take place in a registered building, nor to be in public. The marriage ceremony can be conducted according to Jewish or Quaker religious rules. The official preforming the Jewish or Quaker ceremony will register the marriage.
Other religious marriages, such as Muslim, Hindu and Sikh marriages are required to satisfy additional requirements. The marriage must take place in a registered building. Not all buildings are registered, so it is important to check first with your local authority. If the building is not registered then the marriage will not be legally recognised.
The ceremony itself can take any form, provided that:

• it is in public
• there are at least two witnesses present
• either a registrar of the district in which the ceremony is taking place or an authorised person is present
• both parties make the necessary declarations, for example, declaring that there are no lawful objections to the marriage

An authorised person is someone who has been certified by the Registrar General, for example, the Imam of the mosque where the ceremony takes place could be certified as an authorised person to conduct or be present at marriages. If there is someone that you wish to conduct, or be present at, your ceremony you should confirm with them whether they are certified as an authorised person. If you have any concerns it is also advisable to check with your local authority or register office.
Religious marriage ceremonies are not recognised in English law unless the civil content and requirements are complied with as well.
If you want to have a religious marriage or other type of marriage ceremony and, for example, the place you want to get married is not a registered building, or the person you want to conduct or be present during the ceremony is not an authorised person, then you will need to have a civil ceremony beforehand to ensure your marriage is legally recognised.
For all legally recognised ceremonies the married couple must be given a marriage certificate.

What if I have only had a religious marriage?
If a religious marriage ceremony only complies with the religious requirements of a particular faith but not with the necessary civil preliminaries and ceremony requirements set out above then the marriage will not be recognised in English law. A woman whose marriage is not recognised in law will be treated as someone who lives unmarried with her partner.
This has very important consequences. A woman in this situation will not be entitled to make a claim for her spouse’s property or finances should the marriage break down (see A guide to financial arrangements after marriage breakdown). She may also not be entitled to stay in the family home if the property (whether rented or owned) is in her spouse’s sole name. If a woman’s spouse dies and the marriage is not legally recognised she may not be able to inherit their property as she would do if the marriage was legal

[Tinky456]

Re: Unregistered C of E Marriage

The marriage was done by an authorized person but after the marriage despite being given the certificate, they omitted to register the marriage - complete the process so that when i applied online for a copy of certificate and searches of Registry were done, my marriage was not on the Register for the date concerned.

Please reply according to my information. Thank you

[des8]

Re: Unregistered C of E Marriage

You are married!
When you were married (besides the church service) there would have been a civil service at which time both of you would have signed the register.
From this register the registrar (probably local vicar) obtained the details which enabled him to produce a certified copy.

When you signed the register, you would (should?) have signed a duplicate register as well.
When the registers are full one is sent to the superintendent registrar,, the other retained by the church.

I would hazard a guess that the relevant registers are not yet full and so have not been sent off and so will not yet be online.