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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


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Is my marriage void?

  • Mr M’bare
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03 Apr 21 #516388 by Mr M’bare
Topic started by Mr M’bare
Hi, I have married my wife a year ago. And writhin couple weeks she was threatening me with divorce. I believe she was just after my money and my business.

the reason why I think the marriage is void is that the surname she married me in isn’t on her birth certificate and didn’t have any ID in this surname. Let’s just say her name on her birth certificate was Taylor. But she married me with the surname Parker. But she doesn’t have any depoll letters or id in the name Parker.

taylor was her dads surname but he isn’t on her birth certificate. And Parker is her mother’s surname. But she was born xyz Taylor. But got married with XYZ Parker but doesn’t have any formal ID or anything under the name Parker.

is our marriage void or is this legal? Just wanted to get some advice as don’t quite fancy a long divorce as she will be after my assets only.

thanks

  • hadenoughnow
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03 Apr 21 #516390 by hadenoughnow
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I doesn't sound like there is any question she is who she says she is. I would imagine she is perfectly entitled to use her father's name if she wants to.

You could take legal advice but tbh it is likely to be a lot more straightforward to simply divorce. You can file if you've been married for six months.

What kind of settlement you end up with would depend on a range of factors. Did you live together for any length of time before marriage? Are there children to consider?

In a very short childless marriage, the usual rule of thumb would be for each party to take out what they put in.

Hadenoughnow

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03 Apr 21 #516396 by Mr M’bare
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We lived together officially lived together 5 months before marriage. And have been married for a year unhappily. She has been very abusive and manipulative towards me which I did retaliate on one occasion which has been documented. But she is very good at lying, I thought she was working when we first got together. And each day she will tell me stories about what happened at work. Just for me to find out after we got married that there was no job and she made it all up!

I had came into a marriage with a business savings etc and she didn’t have anything. But along the time we was together she was trying to help me with my business just by answering emails which was basically copy and pasting. And wanted me to start a new one (change name) to make it both of ours. Which I didn’t do. I did pay for everything financially rent food etc etc.

But she has sold my new business equipment and stock worth around £7000 for £300. And she had given away all my clothes worth around £10000.

We do have a child together which she is not letting me have contact with. But I am putting £50 per week in our joint account for my son which she is happy to take. But doesn’t respond to anything I have to say in regards to seeing him.

She has managed to paint me in such a negative light with your story telling skills to social services police etc. So I don’t think I would stand a chance to see my son.

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05 Apr 21 #516404 by hadenoughnow
Reply from hadenoughnow
There are several issues here.

1: How to end the marriage.
You can divorce on grounds of unreasonable behaviour.

2: How finances should be sorted out. The priority is needs and especially the need for your child to have a secure and stable home. The reason for the divorce will have no bearing on the financial settlement.

3. How you should share the care of your child. If you cannot agree this between you then you may need to apply for a child arrangements order.

As a side issue, child maintenance is a statutory requirement. The amount you have to pay is based on your income and it is the law that you must do so. Paying CM does not entitle you to see the child.

Hadenoughnow

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