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Information on Nullity

Information on Nullity

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  • Full Question -
     

    I was married in November 2003 to an Indian citizen. He was in the UK at the time. It was an arranged marriage and he seemed like a nice guy. He got his visa and came to the UK in August 2004. Since he has got his visa his behaviour has changed and even though we live in my parents house he does not talk to me at all. This has effected me alot and I have been deppressed and have considered commiting suicide. We have never consumated our marriage.

    It was a mutual agreement that we would wait until we knew each other a little bit better. Would I be able to get an annulment or would I have to go through a divorce? Any advice you can give me will be much appreciated. Thank You
     

    Answer -

     

    You will need to get a divorce as you both agreed not to have sex, i am afraid, but you will be able to use his behaviour as the reason for the marriage breakdown. it is very unlikely that he will defend this, as legal aid is not avaliable to defend the divorce.

  • Full Question-
     

    I was married in November 2003 to an Indian citizen. He was in the UK at the time. It was an arranged marriage and he seemed like a nice guy. He got his visa and came to the UK in August 2004. Since he has got his visa his behaviour has changed and even though we live in my parents house he does not talk to me at all. This has effected me a lot and I have been depressed and have considered committing suicide.

    We have never consummated our marriage. It was a mutual agreement that we would wait until we knew each other a little bit better. Would I be able to get an annulment or would I have to go through a divorce? Any advice you can give me will be much appreciated. Thank You 
     

    Answer-
     

    You will need to get a divorce as you both agreed not to have sex, i am afraid, but you will be able to use his behaviour as the reason for the marriage breakdown. it is very unlikely that he will defend this, as legal aid is not available to defend the divorce

  • Full Question-
     

    Hi, I was wondering if you could give me some advice, I was wondering if I have a chance of getting an annulment. I was married for less than 6 months and I have been separated for over 18 months now. I know that they say a marriage is voidable if one was not of sound mind. Which in fact, at the time, I was not. I was taking medication for depression that left me very confused and not in a competent state of mind.

    Since the age of 14 I have suffered from post traumatic stress disorder. I have seen councilors and psychiatrists since the age of 15. Three months prior to the marriage my relationship with another woman had ended, the previous relationship of 4 years had resulted in a child. I had lost everything, my house, my baby, and my job, and was not concerned or thinking of my actions for many months afterwards. Until weeks after the marriage I didn't even realize what I had done. My family pleaded with me to not marry because they felt I was not mentally stable. They started seeking advice from family friends whom were neighbors that worked as psychiatric nurses on how to have me sectioned. Also after getting married, I found out things about my new wife that I didn't know and that I don't agree with.

    I was unaware that she had a drug problem. I do not nor have I ever used or condoned the use of illegal drugs. As the months progressed so did her drug habit, and I could no longer live with that, she had become mentally abusive and controlling. My child's mother refused me the right to see my child after learning of my wife's drug habits, and I am still not allowed to see her although I have no contact with my wife.

    About 4 months into the marriage I tried to admit myself in the hospital because I was not capable of handling the situation any longer, and had started to physically abusive myself. I had to have surgery for a severed tendon in my hand after I put my hand through a double glazed window to try to alleviate my aggression. This wasn't the first time that I had tried to harm myself by smashing things with my hands, they were constantly covered in cuts and bruises.

    I am now off of any and all medication and have sorted myself out. I would like the annulment because I do not feel I was aware of my actions at the time. I was not stable enough at the time to know what I was doing and did not even really know the person I married. Any help or advice you can give would be greatly appreciated. Thanks in advance.
     

    Answer-
     

    Annulment is not an easy course particularly on the basis you describe. Medical evidence would be needed and this would be costly. I am unsure however why you would want to go down this route. You have been married for more than a year and have therefore the right to petition for divorce. The fact that you have been separated for more than eighteen months and only lived together for six months is irrelevant to that.

    I suggest that you wait for another six months until you have been separated for two years and approach your intended x and ask her if she would agree to a divorce on the basis of two years separation- I doubt she would disagree.

  • Full question-
     

    I was married to a British national in 1995. He disappeared on me the same day and the marriage was not consummated I did try to annul the marriage but had to leave for visa reasons. I have since met and married a European citizen and had children.
    I want to know is my current marriage legal if my husband is from Eire? Also the man I married before has been traced and he is willing to divorce but I want an annulment. Will I have to appear in court for an annulment, even if this man agrees as that is not possible as I have children and I can't travel?

     

    Answer-
     

    If you have not annulled the marriage or obtained a decree of divorce then you are committing a criminal offence in many countries including the UK and Eire. You need to consult a lawyer in strictest confidence as to how you can get the marriage dissolved without putting yourself in risk of prosecution.