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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My partner has discovered that his exs has managed to use

Resolved Question:

My partner has discovered that his ex's has managed to use his name and obtain a marriage certificate whilst he was on holiday.

Basically there is a marriage certificate under his name with the right details , however he never attended a marriage ceremony , or signed a marriage certificate.
We have complained to the police and they have passed the case to Immigration services as they think it might be an Immigration Fraud.the only evidence that we have is the booking confirmation of the flight for the specific dates and we are thinking to take forensic expertize on signatures.

We live in Uk and want to get married, but considering the fraud will not want to go for a divorce when he did not attend a marriage ceremony in the first place.
We are thinking to file for an annulment(based on lack of consent , which makes it a voidable marriage) but not sure what other evidence the court might ask that he did not attend the marriage ceremony.
Under English law it is the person marrying and not the name I know, but does not seem right to have his name on the marriage certificate.

I know that this is a voidable marriage , just asking what other evidence the court might ask him.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Where is the marriage meant to have taken place?
Clare
Customer: replied 3 years ago.

Marriage has taken place in London, UK

Expert:  Clare replied 3 years ago.
Hi
When did he first become aware that there was a marriage registered in his name?
Where was he when it took place?
Clare
Customer: replied 3 years ago.

He become aware this year and he was in his home country when the event took place.


CCTv cameras in Luton only record for 30 days and we barely managed to get the flight booking as it is from 5 years ago

Expert:  Clare replied 3 years ago.
Hi
How long have they been apart?
Clare
Customer: replied 3 years ago.

4 years now

Expert:  Clare replied 3 years ago.
Hi
How did he discover the position?
Clare
Customer: replied 3 years ago.

Basic check gro

Expert:  Clare replied 3 years ago.
Hi
Out of interest - who did that you or your partner?
Clare
Customer: replied 3 years ago.

Myself

Expert:  Clare replied 3 years ago.
Hi
May I ask why you do not simply issue divorce proceedings?
Clare
Customer: replied 3 years ago.

That would mean he agreed to the marriage in the first place, when he did not.

Expert:  Clare replied 3 years ago.
Hi
Has he confronted his ex on the matter?
Clare
Customer: replied 3 years ago.

Not yet.still thinking on strategy. Yet he thinks is better to go straight to court.plus lost contact 2 years ago.no phone no.no addres nothing. Private researches show that she still resides in uk

Expert:  Clare replied 3 years ago.
Hi
What was the immigration position of your partner at that time?
Clare
Customer: replied 3 years ago.

He had the right to work she did not.

Expert:  Clare replied 3 years ago.
Hi
So they were both here on Visa's?
Clare
Customer: replied 3 years ago.

Part of eu country, no need for travel visa but there was a need for work permit.I am sorry I can not give more detail but do not want to disclose location or hints about citizenship

Expert:  Clare replied 3 years ago.
Hi
I am afraid that your partner has a serious problem.
At the time of the marriage they fact that they were not UK citizens meant that they would have had to produce their passports to the registrar.
This means that the person who used your partners name must have either used a counterfeit passport or actually did have the same name as your partner.
This is not a Voidable marriage.
If your partner was not there then he was not married and he need have no concern about the existence of a marriage certificate which does not relate to him
He cannot apply to annul a marriage in which he was not involved.
His options are to simply move forward on the basis that he is not married - or ask the court to make a determination as to the validity or otherwise of the marriage
The form needed is here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/d070-eng.pdf
I hope that this is of assistance - please ask if you need further details
Clare
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