Hi, thank you for your question. You raise a few issues and I will deal with these separately:
Hi, I note you have left a negative rating. Please could you confirm what you are not happy about so that I can provide you with all the information you require to resolve this matter.
Given that you were married abroad and the marriage certificate has been misplaced, you are able to apply for leave to proceed with a divorce simultaneously with the divorce petition using form D11 and a £155 court fee. You will need to accompany the application with a statement explaining the steps you have taken to obtain a certified copy, if you have a photo of the certificate or a photocopy then this can be attached and you will need to prove that a marriage did take place by outlining this in the statement.
Matrimonial home and Finances
As the property was the former matrimonial home he has matrimonial home rights arising out of the marriage which can be registered on the title - which he appears to have done. This remains on the property until divorce is finalised or a financial settlement is reached and unfortunately cannot be removed before this.
Despite this, if he is no longer living there you are free to rent it out if you wish. The only impact the home rights have is that he has a right to occupy the property until divorce unless there is a court order stopping him returning.
If he is living there and you have left, you can apply for an occupation order to return to the property immediately and the court will assess whether such an arrangement is suitable.
If he is working or has assets then you should seriously consider pursuing an urgent application to court for maintenance pending suit (this is spousal maintenance until a final decision is made regarding the finances). This can be done immediately and even before divorce petition is issued. You can also pursue a financial relief application to deal with the wider matrimonial finances to include the former matrimonial home.
The children have a right to a relationship with their father and this can only be reasonably restricted if there are child protection concerns - which you have raised. If you stop contact and there is no order in place it would be for him to make an application to court to see the children and formalise the arrangements - at this point due to the nature of the domestic violence allegation, the court may seek to have this investigated and for an assessment to be carried out to ensure that he is not a risk to the children.
I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.