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Family Law and Practice LPC WS01 d3

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Family Law and Practice LPC WS01 d3

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  • March 23, 2021
  • 2
  • 2020/2021
  • Lecture notes
  • Sonali shah
  • All classes
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BROWN AND CO SOLICITORS
139 HIGH STREET
SOUTHEND-ON-SEA
SS2 2TE


Strictly Private and Confidential
Mrs Talbot
54 Leigh Road
Southend-on-Sea
SS2 4PR

Our reference: JMB/3895/TAL

Today’s date


Dear Mrs Talbot

Your Divorce

I write further to your voicemail left today. I am sorry that I was not available to speak to you
as I was out at court. I have set out the answers to your questions below but if anything
remains unclear, please feel free to telephone me or my trainee A Trainee.

Marriage certificate

As I explained in our initial meeting, you need to file the original marriage certificate (or a
certified copy) with your divorce petition. As you have not been able to find your marriage
certificate, you need to obtain a certified copy. I can do this on your behalf but I will need to
charge for my time doing so. Alternatively, you may wish to obtain the certified copy
yourself. You can do this by contacting the registry where you were married either by post or
in person. It is also possible to obtain a certified copy online from the General Registry
Office by visiting /www.gov.uk/order-copy-birth-death-marriage-certificate and following the
instructions. There is a fee. It could take up to 28 days for your certificate to be obtained
although using the online service will be considerably quicker.

As I will not be able to prepare your petition without the marriage certificate, I would be
grateful if you could let me know as soon as possible whether you wish for me to obtain the
certificate on your behalf or whether you will do this yourself.

Remarriage timescale

I note from your voicemail that you would like to remarry this summer. You will not be able to
remarry until you have obtained the decree absolute, as you will still be married to Mr Talbot
until then. The earliest date you can apply for decree absolute is six weeks after the
pronouncement of your decree nisi.

In my experience, divorce petitions generally take around six months from issue until decree
absolute. In your case, I estimate that it could take longer than six months as a number of
issues need to resolved. I would advise you not to apply for decree absolute until potential
financial matters have been dealt with by the court. This is in order to protect your position
should Mr Talbot die before the court has made any financial orders.



© City, University of London 2019 1/2 docs_805662429.doc

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