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Ask Clare Your Own Question
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 33033
Experience:  25 years experience of all aspects of family law
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JA: . What seems to be the problem? Customer: I have

Customer Question

JA: Hi. What seems to be the problem?
Customer: I have a question in regards ***** ***** UK annulment and whether I can still apply despite it being over 3 years since marriage
JA: OK. The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: could you help me decide whether annulment is the correct route?
JA: Please give me a bit more information, so we can help you best.
Customer: I was married to an American citizen here in the UK about 5 years ago. At the time she was suffering depression and aniexty and actually went into a private hospital due to these issues. We did not consummate the marriage and soon after she suffered from DVT prohibiting her from fly back to the states. We remained married and living in separate rooms of the same property. She finally flew back to the states at the end of October 2014 and did not return. She is happy for me to apply for an annulment and doesn't want any financical settlement etc. (note, the marriage was never consummated and she was not in a sound mental state so to speak)...
JA: Is there anything else important you think the Family Lawyer should know?
Customer: she resides in Texas and will not be retuning to UK
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: UK Family Law
Expert:  Clare replied 5 months ago.
Thank you for your questionMy name is***** shall do my best to help you but I need some further informtaion firstDid your spouse actually refuse to consummate the marriage?Is there a reason you do not wish to have a divorce?
Customer: replied 5 months ago.
Yes, she did not want to have sexual relations with me and due to her inability to fly or a suitable place to live, she stayed in my home in a separate room during the remaining time in the UK. OWe/I do not want a divorce, as we did not have a proper marriage and due to depression and difficult personal circumstance we made a mistake entering into the marriage itself. We never even slept in the same bed etc.I am still on talking terms and she would not contest the annulment request or want any sort of financial settlement etc. I just don't know how difficult it will be due to her, being the respondant, not being in the UKThanks Clare
Customer: replied 5 months ago.
Also, If my partner agreed that she didn't want anything from me (money etc.), which route is the best option for me to ensure that I can't everything I have.... I assume the Judge can't overule this agreement even if it is a 100%:0% split? Thanks.
Expert:  Clare replied 5 months ago.
In that case you can indeed issue an Annulment Petition based on her refusal to consummate the marriage.It will probably be simplest if you ask the Court to give you the papers to arrange for Service so that you can send them to your ex and ask her to complete the Acknowledgement of Service. hope that this is of assistance - please ask if you need further details
Customer: replied 5 months ago.
So I just proceed with the normal annulment on grounds of non-consummation ONLY (should I not mention the depression and other medical issues, or does that further complicate things to have two/three voidable issues)?
Also, the financial aspect to the annulment;- If she doesn't contest that we keep what was ours etc. Can the judge overrule this etc. Considering she is abroad, do you think it best to hire a Solicitor, even though everything is straight forward? Thanks
Expert:  Clare replied 5 months ago.
Yes you do it on the grounds of wilful non consummation ONLY - the others are not grounds that would workWith regard to the finances you can either leave things as they are - or you can agree a final order dismissing all claims.Doing nothing may be the safer option.You do not need a solicitor unless you wish to use one

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