Ex was not officially divorce when I married her!

Hiya

I have a situation where I have found out (95% sure) that my stbx was not actually divorced.. That is there were not divorce papers only their respective family agreed to nullify the marriage (It was registered, though!).

All this was in India... Now we are divorcing... Where do I stand on this on legally as well as ancilliary relief aspect?

We have a 6yrs old son and been separated for last 5yrs - together for 2.5yrs.

Thanks in advance.

Hi there

If your stbx was not legally divorced at the time of your marriage, you apply for a decree of nullity (an annulment) rather than a divorce.

Amanda

Hi Amanda

Thanks for your reply.. I have further questions in that case :

Where do I apply for decree of nullity , here in the UK or in India where my marriage took place? (she lives here at present).

What do I need? I mean do I have to ask for her divorce docs now and wait her to say that they do not exist? I have no real proof except my inquiries through local solicitors could not find any documental evidence of divorce and said it is normal there just to agree between the families!!!

Does this have any implications on my finance settlement which has not yet started?

Hi

After searching I have found no evidence of my ex's previous divorce in India... So when she married me she was not divorced.

Does someone and/or Amanda have any thoughts on my previous email with this info, please?

Thnx

Hi there

Sorry I missed your question...it must have slid of the board.

Ok, firstly, if you want to have the marriage annulled here, you have to have a marriage that is legally recognised here. You can check by contacting the General Registry (www.gro.gov.uk).

To apply, it is the same as a divorce petition - in fact you use the same form.

In the particulars you simply state that you believe the Respondent was not divorced at the time of your marriage therefore the marriage is void. It then gets served on her, and she either provides the documents showing her divorce (in which case you have to then withdraw the petition and issue a divorce) or she doesnt, and ultimately you get your annullment. The divorce has to be a legally recognisable one, so one agreed through the families is not sufficient here.

In respect of the finances, there is no Ancillary Relief on a void marriage.

However, if for instance you own joint property this would have to be divided, but you use the same process as co-habiting couples (i.e. the property is divided in the shares in which it is owned).

Hope that helps
Amanda

Hi Amanda

Thanks for this invaluable advice again. I will get on with the General Registry soon.

When you say there is no AR for non-married, do you mean that she does not have any claim on me except anything that was jointly owned? Of course I would pay for the child through CSA.

Also, you see no reason to ask her for her divorce docs directly at this stage, right?

Thanks.

Hi there

No, there is no AR if a marriage is void, because the effect is that it is as if the marriage has never taken place.

And no, there is no reason to ask her for her docs.

Amanda