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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My son has marries a girl from Kenya whose visa was about to

Resolved Question:

My son has marries a girl from Kenya whose visa was about to run out, I think my son has been duped intiothis marriage. They married on 12 April 2011, but already she is making his life hell (hoping for a divorce, but hoping to stay in UK )Can my son annul this marriage?
Submitted: 5 years ago.
Category: UK Law
Expert:  Thomas replied 5 years ago.
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Hi

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. Have they consummated the marriage?

Kind regards.

Tom

Customer: replied 5 years ago.
yes
Expert:  Thomas replied 5 years ago.
Hi,

Thanks for your question.

Anullment is only available if the marriage has not been consummated, if one of the parties did not consent to the marriage (ie. was under duress), one party was suffering from a mental illness or there were issues regarding the gender of one of the parties to the marriage.

I’m afraid your son will not be able to get an annulment. Instead he will have to divorce. If they are not prepared to wait for a two year separation then the only options are for one to petition the other on the basis of either their unreasonable behaviour or adultery. The person with whom the party has been adulterous need not be named.

If petitioning on the basis of unreasonable behaviour you would have to list 5-6 examples of his unreasonable behaviour towards you. The should mostly be related to his most recent behaviour and it can be things like not speaking to you, providing you with emotional support, verbal (eg. Nagging, insults etc) or physical abuse, unwillingness to engage in typical things that married people do (socialising, eating together, planning practical matters together), not contributing towards the expenses of accommodating yourself and the children, not engaging in physical affection, not helping you with children.

Typically, it is best to list each examples in the following order
1) First occurrence
2) Worst Occrrence
3) Most Recent.

There is lots of useful advice for lay persons considering divorce here:-
http://www.hmcourts-service.gov.uk/infoabout/divorce/want/index.htm

They would also have to be married for a period of one year before divorcing so the earliest they could petition would be April 2012.
If she has obtained a spouse visa on the basis of this marriage then she will not be able to apply for indefinite leave to remain if he does not support her application. He can report to the UKBA that the marriage has broken down and they may make moves to deport her but he should balance this with the fact that it would be hard to get a divorce if she is deported.


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I will answer your follow up questions you may have.

Kind regards,


Tom
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