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What are we each entitled to in our divorce settlement?

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not sure what this means

  • Ruby45
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25 Mar 12 #320048 by Ruby45
Topic started by Ruby45
Can anyone please try and explain this to me:

1:The parties have had a marriage ceremony in disregard of certain requirements as to the formation of the marriage?

2: The Petitioner will be barred from obtaining a decree of nullity if the Respondent can satisfy the Court that the Petitioner knew that the marriage could be avoided but conducted him or herself in such a way as for the Respondent to reasonably believe that they would not seek to do so. The Petitioner may also be barred from obtaining a decree of nullity if it would be unjust to the Respondent to do so.

Thank you :S

  • TBagpuss
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27 Mar 12 #320240 by TBagpuss
Reply from TBagpuss
The ''avoided'' refers to the marriage being declared void.

It sounds as though the marriage was ''voidable'' - i.e. it was not automatically void (as it would have been if, for example, if one of the parties were already married at the time it took place) but was capable of beinf voided (set aside) because of the lack of proper requirements.

(1) marraiges are voidable if:
- the marriage has not been consummated (i.e. no sex)becuase one person has refused to do so or is incapable
- One party did not give valid consent (this can include if that person consented due to deceit by the other, or coercian)
- the wife was pregnant by someone other than the husband at the time of the marriage
- the other party was suffering from an STD
- one party has been issued a gender recognition certificate since th marriage

(2) This means that if one of the reasons for the marriage being voidable existed, but the Petitioner (the person now seeking to annul the marraige) knew the marriage could be annukllled but behaved in a way that ld the other person to believe that they would not seek an annullment, they cannot later change their mind.

So, for example, if the Petitioner was seking to void the marriage because the wife was pregnant with another persons child at the time, but that Petitioner knew of the pregnancy and that he was not the father and still went ahead with the marriage 9or found out after the marraige, and stayed with the wife, and agreed to bring the child up together) he could not later apply to annul the marriage on that basis.

The bit about if it is unjust would give the court a bit more discretion but might apply if (for instance) the nullity was sort on the basis of a communicable STD where the person suffering it did not know about it (so there was no deception) or where allowing the nullity would cause significant problems forthe respondent

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