Marriage under false pretences

[carolina]

Hi to all.
I am hoping someone can help me with a tricky situation.
I married in South Africa in November and my husband came to the UK to live with me in mid-December, from the day of his arrival i received nothing but emotional abuse. I began to realise that he had definately not married me for love... By January I couldn't put of with it any longer and decided to leave him, his main concern was not the fact that our marriage was over, it was his need of my passport to remain in the UK... In short I finally understood why he married me.
Could I possibly get an annulment for marriage under false pretences? And if I can, can anyone tell me how I would go about achieving this?
Thanks

 

[NYClex]

If British law is still about the same as American law there might be the possibility to anul that marriage based on the contention that this was a sham marriage only to obtain legal residency. BUT, courts usually only do this if it is a very clear cut case, like A+B marry but never live together, sleep together etc.

In cases like yours where for a while the marriage seems to have been bona fide, the courts, at least here in the US, are very very reluctant to anul on these grounds, because the other side almost always will deny it and say that things only soured later. How do you prove a sham marriage then?

Therefore it usually is much easier just to get a divorce.

BTW, immigration law might look at this in a different way, the authorities might be much more willing to conclude that this was a sham marriage, but this has no influence on the question of anulment.

 

[carolina]

Thanks for the response

Since I wrote in, I have been in touch with a solicitor and unfortunately found out that I can't apply for an annulment...
Still, I appreciate your having repplied.
Kind regards
Carolina

 

[randjbar57]

NY Clex

How nice it was to take time to reply. Getting nullity of marriage is extremely difficult. I am victim of marriage sham for green card. My attorney led me to believe that he would help me with the nullity, but just sat on the file, that was a year ago. I am now representing myself, the Respondent has legal counsel and I up just trying to stay afloat in every way. The Respondent just married me for a green card, but the burden of proof is on my shoulders, I have 2 witnesses, but they are both hostile (related to the Respondent). One of the witnesses is the ex-fiancee' of the Respondent, she told me that the Respondent had asked her to marry him strictly for a green card and that she did not need to even live with him. He was here on a work visa and had problems at work and his contract of employment had been terminated. I was not aware of any of this information until 2 years after marriage, I immediately filed for Nullity. Here I am going nutso trying to figure out how to get a nullity ruling.

 

[randjbar57]

Annulment

For research go to:

Rabie v Rabie

Cite as: 40 Cal.App.3d 917

This is an annulment case.

If you know of any annulment cases please post them so we can help each other.

Good books for doing your own case:
1. Ed Sherman How to Solve Divorce Problems in California

Do not bother with their Divorce Helpline though, they push for you to contact an attorney.

Good Luck.