• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
Logo
  • Home
  • Our People
  • Our Services
    • Divorce & Finances when separating
    • Cohabitation contracts
    • Prenuptial Agreements
    • Disputes involving children
    • Arbitration
    • Wills, LPA & Probate
  • News & Views
  • Questions
  • For Clients
    • Book an appointment
    • Using LawConnect
    • Our service standards & complaints procedure
    • Reviews
  • Contact Us
  • 0800 083 6051
You are here: Home / News & Views / Lesson: keep your documents safe

News & Views · September 4, 2019

Lesson: keep your documents safe

An interesting and most unusual case came up over the summer.  So, the facts. The husband and wife were married on 10 October 1987. On a date in 1994 the husband issued a petition for divorce in the Willesden County Court. The Decree Nisi was pronounced on 12 November 1996. The Decree was made Absolute on 29 January 1997.

In January 2018, the husband wished to take steps to remarry. However, he could not locate his copy of the Decree Absolute certificate. On 19 January 2018 he wrote to the Willesden County Court asking for a copy of the Decree Absolute as he wished to remarry. (You have to produce the Decree Absolute certificate to the Registrar when you set the date to be married). On 17 April 2018 the husband completed a formal application and paid a fee of £50. (Yes, that is how much it costs and there is a formal application form).

The court was not able to locate a copy of the Decree Absolute certificate, nor was it able to tell the husband the date on which the Decree Absolute was made. In particular, the court said:

  1. The original file appeared to have been totally destroyed in about 2013 notwithstanding that the agreed HMCTS record and retention policy is that the contents of divorce files are stripped and destroyed 18 years after the date of the final order (or resolution of any subsequent complaint) but that several key pieces of paperwork are retained longer, one of which is the Decree Absolute which is kept for an additional 82 years (thus ensuring it is kept for 100 years in total).
  2. A search for the original file in the TNT archive storage depot in Branston yielded no trace of it.
  3. The Office for National Statistics stated that they had checked their stores and all paper Decree Absolutes from 1997 had unfortunately been destroyed. Nor had they retained a microfiche copy of this Decree Absolute. (Microfiche is a really old way of keeping documents where the document is ‘printed’ onto a film).
  4. The Decree Absolute team at the Central Family Court was not, despite extensive searches, able to identify the Decree Absolute on the central index. It would appear that the original Decree Absolute was either never sent in early 1997 to Somerset House for entry on the index, or that it was lost in the post. (At that time, Somerset House was not an ice rink/tourist place but the main family court)

The Willesden County Court contacted the wife by email in Australia. She had moved there, by that time. She said she did not know if she had kept a copy of the Decree Absolute certificate. If she had, then it was in storage 1000 kilometres away from her in another part of Australia.

The Court Service arranged for the wife to travel to her storage facility and she discovered that she had retained a certified copy of the Decree Absolute certificate. So, all that was left was a copy marked as a proper copy by the court – but no original.

Why was the matter in front of a High Court judge? The High Court had to make a declaration to put the husband and wife as close as possible to the position they would have been in had the file not been destroyed and the original Decree Absolute lost. The court made a declaration that the husband and wife were divorced on 29 January 2017.

The date that the case was dealt with was 31 July 2019. The husband wanted to get married in January 2018. The husband had to wait 18 months to get the confirmation that he was divorced so he could get remarried. All because he had lost the original document. The lesson? Look after you paperwork. Oh and also, do not book the wedding venue unless you definitely have the right paperwork for the remarrying.

Filed Under: News & Views Tagged With: copy decree absolute, lost decree absolute, lost papers

Previous Post: « Hiding assets….
Next Post: No fault divorce dead in the water? »

Primary Sidebar

Recent Posts

  • Updated protocol for cross UK jurisdiction judicial communication
  • Covert recordings in family law matters
  • New protocol for adults lacking capacity across the UK
  • Leasehold Reform Act 2024 – Major changes ahead
  • Karen Dovaston joins Worshipful Company of Arbitrators

Footer

Review Solicitor

Contact Us

  • 112 The Broadway, Thorpe Bay, Essex, SS1 3HH
  • 0800 083 6051
  • [email protected]

Connect with Us

  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

Privacy Policy | Copyright © 2021 Dovaston Law is the trading name of Dovaston Law Limited.
Dovaston Law Limited is authorised and regulated by the Solicitors Regulation Authority, registration number 816750 Company Number: 13221943 (Registered in England and Wales) | Registered Address: 457 Southchurch Road, Southend on Sea, SS1 2PH
Website Hosting : Lift Legal Marketing · Log in

We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept”, you consent to the use of ALL the cookies.
SettingsAgree and close
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT
  • Home
  • Our People
  • Our Services
    • Divorce & Finances when separating
    • Cohabitation contracts
    • Prenuptial Agreements
    • Disputes involving children
    • Arbitration
    • Wills, LPA & Probate
  • News & Views
  • Questions
  • For Clients
    • Book an appointment
    • Using LawConnect
    • Our service standards & complaints procedure
    • Reviews
  • Contact Us
  • 0800 083 6051