Key points
This case in 30 seconds
- Situation
- The client was preparing to apply to the court for divorce and had searched every drawer at home, but could not find her marriage certificate.
- Approach
- We helped her apply to the Marriage Registry for a certified copy of the marriage certificate and prepared the divorce documents at the same time.
- Result
- Once she had collected the certified copy, she filed it together with the divorce documents already prepared, so waiting for the certificate did not slow things down.
Three points for handling this well
- If you have lost your marriage certificate, you can apply to the Marriage Registry for a certified copy: generally 7 working days, HK$280 each.
- When you file for divorce, the Family Court Registry accepts the original or a certified copy of it.
- The certified copy and the divorce documents can be prepared at the same time, so there is no need to queue for one after the other.
Background
The client was preparing to apply to the court for divorce.
She had searched every drawer at home and could not find her marriage certificate.
She was not sure whether not having the original would affect the progress of her filing.
- Worried that, without a marriage certificate, the court would refuse her documents when she filed
- Did not know she could apply for a certified copy
- Worried that dealing with two things at once would be too complicated
She had searched online herself, but different websites said different things, and she was not sure whether to get a replacement certificate first or apply straight to the court.
She wanted to file as soon as possible, but did not want one certificate to cost her too much time.
When the marriage certificate is lost, the first thing to work out is how to apply for a certified copy and prepare the filing documents at the same time.
Why apply for a certified copy and prepare the divorce documents at the same time?
This case applied for the certified copy and prepared the divorce documents at the same time, because a replacement takes time, and starting early stops the two tasks from holding each other up.
Can I get a replacement if I have lost my marriage certificate?
If you have lost your marriage certificate, you can apply to the Marriage Registry for a certified copy: generally 7 working days, HK$280 each.
When you file for divorce, the Family Court Registry accepts the original or a certified copy of it.
Who can apply for a certified copy?
The parties to the marriage, the parents or guardians of a party under 18, and anyone holding a party’s consent letter can apply.
What is the difference between a certified copy and a Certificate of No Marriage Record?
| Certified copy of marriage certificate | Certificate of No Marriage Record | |
|---|---|---|
| Purpose | Filing for divorce, applying for a visa or dealing with an estate | Proves there is no record of a marriage in Hong Kong |
| Where to apply | Any Marriage Registry or office | Any Marriage Registry |
| Fees | HK$280 each (including the search fee) | HK$680 each (including the search fee) |
| Time needed | Generally 7 working days | Generally 7 working days |
What should you watch for when applying for a certified copy?
You can apply in person, by post, or online through GovHK (Form MR10).
If you do not collect it within 6 months of the application date, the application is cancelled.
A similar situation may also relate to “Other spouse cannot be reached: sole petition and substituted service” or “Mutual-consent divorce · no children”, which are worth reading together.
Once it was clear that the two tasks can run at the same time, what remained was how each stage works in practice.
How we helped
From the first consultation to filing the divorce application, the same dedicated consultant follows your case. Our help comes in three stages.
-
Applying for the certified copy
From the first consultation
At the first consultation, the dedicated consultant first learned how the marriage certificate had been lost, and confirmed that what she needed was a certified copy of the marriage certificate.
We helped her prepare the documents for the application, and helped her submit it.
Submitting the certified copy application early is the key to this step.
-
Preparing the divorce documents at the same time
While the certified copy was being applied for
While she waited for the certified copy, we helped her prepare the other documents for the divorce application at the same time, including organising her information and explaining the procedure.
Once the documents were ready, they could all be filed together as soon as the certified copy was collected.
Preparing at the same time is the key to shortening the overall wait.
-
Collecting the certified copy and filing the application
Once the certified copy was ready
After she collected the certified copy, we reminded her to check the details on it to make sure they were correct.
She filed it together with the divorce documents already prepared, so no other step was delayed by waiting for the certificate.
Having the certified copy and the divorce documents ready at the same time is the key step in this case.
Throughout, the client could phone the dedicated consultant at any time, in Cantonese, Mandarin or English.
For every document, we first explain its contents and what needs following up.
We are a divorce consultancy. We help you organise information, prepare documents and understand the procedure. If your case needs legal advice or a representative in court, we will tell you honestly and help you make other arrangements.
With the three stages joined up, this was the outcome.
Outcome
We applied for a certified copy of the marriage certificate for her first and prepared the divorce documents at the same time, so both tasks ran together and she did not have to sit and wait.
Because the certified copy and the divorce documents were prepared at the same time, no other step in this application stopped to wait for the certificate.
For the client, the biggest difference was that as soon as the certified copy arrived, she could file it with the documents already prepared.
Throughout, the dedicated consultant followed up the documents from the information already organised, and reminded the client of the deadline for collecting the copy.
Without doing both at once, waiting for the certificate to come back before starting the other documents often takes longer.
She has now filed her divorce application and the case continues on the documents already prepared, which was her main concern at the start.
How does the procedure change if your situation is different?
This approach suited the case because the marriage certificate was lost. If the situation is different, the approach changes too.
Married on the Mainland: if you registered your marriage on the Mainland, you must apply for a replacement from the Mainland marriage registration authority. See the case “Married on the Mainland, spouse on the Mainland: divorce in Hong Kong”.
Applying through a third party: if a third party applies (for example, dealing with a parent’s estate), a consent letter and supporting documents must be attached.
Certified copy needed overseas: if the certified copy is needed overseas, some countries require it to be legalised first. Ask us for details.
Three things you can do first in a similar situation
- If you have lost your marriage certificate, you can still apply for a certified copy.
- The certified copy and the divorce documents can be prepared at the same time.
- If your situation is different, the procedure may need adjusting, so find out first.
FAQ
Can I get a replacement original if I have lost my marriage certificate?
What you get is a “certified copy of the marriage certificate”, issued and certified by the Marriage Registry from its records: HK$280 each, generally 7 working days.
Can a certified copy be used to file for divorce?
When you file for divorce, the Family Court Registry accepts the original or a certified copy of it.
Who can apply for a certified copy?
The parties to the marriage, the parents or guardians of a party under 18, and anyone holding a party’s consent letter can apply.
How can I submit the application?
You can apply in person, by post, or online through GovHK (Form MR10).
Can I prepare the divorce documents before I collect the certified copy?
Yes.
The certified copy and the divorce documents can be prepared at the same time, so waiting for the certificate does not slow down the other steps.
How long after applying do I have to collect the certified copy?
If you do not collect it within 6 months of the application date, the application is cancelled.
Do you give legal advice or represent clients in court?
We are divorce consultants. We help you gather information, prepare documents and understand the procedure.
If your case needs legal advice or court representation, we will tell you honestly and help you make other arrangements.
Illustrative case: this page is adapted from similar cases we have handled. The people and details have been changed, and it is not a record of an identifiable client.
Every case is different, and the time taken and the result will vary. This page is general information only. It is not legal advice and is not a promise about your case.
