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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 14948
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Pearl, I'm currently here in Hawaii living ang my husband

Customer Question

Hi pearl, I'm currently here in Hawaii living ang my husband is working there in New Zealand, I am an immigrant in Hawaii and he got a working visa in New Zealand, we got married in newzealand year 2014 but I found out just this year April 1,2016 that he has first marriage in the Philippines and his annulment is not yet registered so still his 1st marriage is still legal prior to my marriage to him. Now I want to go back to my lastname and single status because I don't want to mess up my records here in US because technically my marriage on him is void. What legal things to do?
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Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.
Under New Zealand law the marriage would not be valid, and you can revert back to using your former name. Under New Zealand law you can use any name you want, as long asit is not for a dishonest purpose. However on official documents you need to provide proof of the change, which can be by a declaration. You will need US law advice on changing your name there
Customer: replied 1 year ago.
Hi, so what should I do I'll file an annulment here in Hawaii or in New Zealand? And what are the documents needed to do this?
Expert:  Chris The Lawyer replied 1 year ago.
If the previous marriage was not dissolved, then the New Zealand marriage is not valid. You would need to apply to the Family Court in New Zealand for an order under section 2527Application for declaration as to validity of marriage or civil union(1)An application for a declaration whether, according to the law of New Zealand,—(a)a marriage or civil union is valid; or(b)a marriage or civil union has been validly dissolved—may be made by any person, whether or not that person is a party to the marriage or civil union, or is domiciled or resident in New Zealand, and whether or not the marriage or civil union was solemnised in New Zealand.(2)An application under this section may be made whether or not any other relief is claimed under this Act.
Expert:  Chris The Lawyer replied 1 year ago.
Its useful to note the effect of section 3131Grounds on which marriage or civil union void(1)A marriage or civil union that is governed by New Zealand law shall be void ab initio(whether or not an order has been made declaring the marriage or civil union to be void) only where—(a)in the case of a marriage or civil union that is governed by New Zealand law so far as it relates to capacity to marry—(i)at the time of the solemnisation of the marriage or civil union, either party was already married or in a civil union; or