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EULawyer
EULawyer, Lawyer
Category: German Law
Satisfied Customers: 204
Experience:  Titular Attorney (Avocat) at Ioan-Luca Vlad Law Office
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I believe my newly wedded wife who is Romanian and about to

Customer Question

Customer: hello, my name is***** believe my newly wedded wife who is Romanian and about to file for an annulment has always intended to do this once she got as much as she could from me.
JA: Thanks. Can you give me any more details about your issue?
Customer: I believe that if it was pre-meditated and marrying another for financial gain can be construed as fraud!?
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Customer: well, I met her online and she was frankly not happy having to make end meet by working as an adult webcam model. and as she indicated that she wanted to meet someone for a serious relationship and leave such work for a better future I proposed to help her if she really enjoyed my company and wanted something honest
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Submitted: 10 months ago.
Category: German Law
Customer: replied 10 months ago.
our relationship developed to the point she said she would move in with me in Berlin Germany (its where I am now) and when my immigration procedure for continuing to live and work in Berlin became unsure , she proposed to marry me so I could remain and continue as planned. But she expected my support and also demanded expensive gifts. and just as we got married and she found out that it was going to be different from there and that work was needed she fond multiple excuses that did not make any sense to me and forced her way out and saying she will file for annulment. but she doesn't want to return the engagement ring worth nearly €10,000 and I found out that she has multiple online credit cards (she told me she had none)for which she was getting some money for continuig to work as a cammodel and that she had been talking and meeting with some men behind my back . none of her FB freinds had been told of our relationship let alone our marriage... and she didn't tell me of her FB page . and denied to all that she was ever married to me
Customer: replied 10 months ago.
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Customer: replied 10 months ago.
if this case can be established as fraud or deception...then in which court can it beprosecuted? She is Romanian and now have gone back to her country, I am of Japanese citizenship living in Germany and we got married in Denmark
Expert:  EULawyer replied 10 months ago.

Dear Sir,

I am sorry for your situation. To be very honest with you, there is no way this can be construed as fraud or deception per se, given that the marriage took place. If it had not taken place, then you might have been able to do so, but once the marriage took place, your agreement to it supersedes any problems before it. Furthermore, it can also be said that you having received residence rights in Germany is also a benefit of this marriage, so the benefits were not one-sided.

On the other hand, my suggestion would be to fight with her on the divorce camp. First of all, let me ask you if you are sure she is filing for annulment or divorce. These are two very different situations, and the conditions are also very different. If it is indeed annulment, then your chances of receiving back the engagement ring are quite high, because annulment means 'reverting to the original state' as if the marriage never took place at all, and therefore any marriage gifts must in principle be returned. However, annulment usually has very strict conditions, such as:

- the parties not being of age, or being already married;

- the purpose of the wedding being to defraud the state (which, if she claims so, would put your residence in jeopardy);

- the marriage was invalid as to its celebration (which I do not think is realistic).

I am much more inclined to think she is actually suing for divorce. In this case, the country where she must apply is Germany, because that is where your last common habitual residence was. If she files in Romania, you may, by hiring a local attorney, deny the jurisdiction of the Romanian courts. The law to be applied is also that of the last common habitual residence, i.e. German law (unless you had a marriage contract whereby you chose Danish or another law as the law applicable to your marriage).

In a divorce proceeding in Germany, you may try and claim back the engagement ring by showing how the marriage lacked substance (she did not tell about it, the purpose for her was to get your money etc.). If you wish to claim deception, you may also do so as a counter-claim to the German trial.

Please note, to make it very clear, that nothing from your question even raises the possibility of a criminal issue. Everything falls within the civil laws, and therefore the proper terminology is 'claim' and 'counter-claim', and not 'prosecution'. Romanian laws, for one, do not know of a crime similar to the circumstances you exposed so even if you would manage to find a country where what she did is punished criminally, the Romanian justice system would not recognize such a decision.

I hope my answer was clarifying and look forward to your further questions or to your rating, which is essential to my activity.

Cordially,

Dr I L Vlad

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