Is my marriage legal

[scrumperto]

I just got married - less than a month ago. My husband told me yesterday that he processed the papers for divorce from an earlier marriage but owing to complications (which he has not elaborated on) the papers were never filed so he is still technically married to the other woman. He has seen a lawyer who is processing the divorce papers.

Is my marriage to him legal at all? Do you know my rights - I never even knew he was married!!! Nice start to married life!

Thanks for any advice you can offer.

[atolhurst]

Not an expert or anything but isn't it illeagl if he knowingly married you while being married to someone else?

[scrumperto]

He claims he processed the papers so didn't marry me thinking he was still married to previous person. Can you believe someone after such a lie I wonder?

Thanks

[Ethel]

From what you have said you are not legally married and your 'husband' has committed bigamy.

Make him write a will immediately if you have any joint property - as he is technically married his wife could have rights if he dies before the divorce is finalised.

[scrumperto]

Thanks for your advice, I have property but he does not so think I better visit a lawyer.

Thanks again,

[Ethel]

He is telling you a whole load of lies.

When a divorced person re-marries s/he must produce the divorce absolute to prove they are free to marry.

He must have made a false declaration that he had never before been married.

[scrumperto]

Don't laugh - he was married years ago and has the divorce absolute from this marriage which he produced - but he never mentioned this second marriage so yes I suppose he has made a false declaration.

Thanks again,

[B00]

your marriage certificate will tell you what he declared himself as ie, divorced, batchelor, widower etc.

My heart goes out to you scrumperto, what a ruddy awful way to start a married life!!!!

Keep us updated on your progress, good luck!!!
xxxxx

[B00]

Ahhh, your last reply makes my post void then- lol.

Sorry!!!

[scrumperto]

Thanks Boo, I feel like such an idiot. x

[B00]

Hey why should you feel an idiot? How were you supposed to know he'd be such a devious sod!

just be grateful you found out now rather than later. Once again, good luck and once again, NEVER feel an idiot over this, you've done nothing wrong chick :-)

[Miss Zippy]

Your marriage is void, which means that in the eyes of the law it never happened due to a 'legal impediment'. You need to seek the advice of a specialist family lawyer that deals with bigamous/polygamous marriages as you will need to obtain a decree of nullity. Your 'husband' has of course committed a criminal offence, but this is another matter.

[scrumperto]

Thanks for your help - I still feel sick to the bone about it but have decided not to throw him out. We are seeing a lawyer together later. As he did not marry a UK citizen and the marriage did not happen in the UK, he has managed to convince me that it is down to paperwork not being correctly processed in the sometimes fairly third world country in which they married. If I ever think he is not being honest with me again in the future - I will throw him out...
Thanks again for your advice.

[Miss Zippy]

I can't imagine how you must be feeling to have that bombshell dropped at what should be the one of the happiest times of your life. It's not for anyone here though to pass judgement and comment on what you should and shouldn't do in your relationship. As long as you aren't burying your head in the sand and are taking steps to get matters legally sorted out one way or another, which you clearly are, that is what counts at the moment. Good luck.

[scrumperto]

Thanks Miss Zippy - appreciated...