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Thomas
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Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I am a victim of a scam marrage,eight years ago i met a slovackian

Resolved Question:

I am a victim of a scam marrage,eight years ago i met a slovackian girl some 37 years younger than me,i thought she was serious,but she only wanted to stay in the country
can i get this sham wedding dissolved??
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

Hi,

 

In what sense do you believe it is a "sham" marriage, do you not consider yourself to be legally married?

 

Please provide details.

Tom

Customer: replied 4 years ago.

Not one of her family attended the wedding,the day after the wedding she removed her wedding ring,a week later when the photos arrived they were immediatly sredded

she made it clear she was not going to cook or even make a cup of tea for anyone

including me..all sexual activity stopped.....she was prepared to accompany me on holiday and keep the flat clean,for the last five or six years we have been mostly

apart i have two homes one in London and one in Brighton.......

Expert:  Thomas replied 4 years ago.

Did she willfully refuse to consummate the marriage once you were married and, if so, has this remained the case?


Tom

Customer: replied 4 years ago.

I the beggining there was very limited sex but none for the last six years

Expert:  Thomas replied 4 years ago.

Hi,

 

I'm afraid then that a decree of nullity is not a possibility, there are other grounds for nullity (eg. duress, that one party was suffering from a mental disorder) but they do not appear to apply here and a decree on these grounds would usually have had to have been applied for within 3 years of marriage.

 

How long have you been separated for (even if you are living in the same house)?

 

Tom

Customer: replied 4 years ago.
on and off six years
Expert:  Thomas replied 4 years ago.

Okay, you're going to have to petition for divorce. There are a number of options on which to petition:-

1. Her unreasonable behaviour, you would have to list examples of such behaviour and explain that if you are still living in the same property then you are effectively living separate lives and do not have a shared domestic home life.

2. Two year separation with your wife consenting to this

3. Five year separation without her consent. (in this and 2 above you would have to prove that if you are living in the same property then you are effectively living separate lives

4. Adultery, if she has committed adultery during the marriage then you can petition her based on this if she is willing to admit to and you have not co-habited for a period (or periods together) of 6 months since the adultery. You can still petition on this ground if she does not admit to it but it would be a defended case and you would be required to prove the adultery. Very few divorces are defence in this way because it is very time-consuming and very expensive.

 

There is information on divorce and the divorce process here:-

http://www.hmcourts-service.gov.uk/infoabout/divorce/index.htm

 

In view of the fact that you have assets I would strongly urge you to instruct a solicitor to act on your behalf because she will seek a financial settlement. You can find solicitors who practise in your area here (select "family law" and enter your postcode:-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

 

It's a very difficult situation, I do sympathise.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.


Kind regards,

 


Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6589
Experience: BA (Hons), PgDip, Practising Solicitor
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