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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33532
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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, If possible I would like some advice regards ***** *****

Customer Question

Hello, If possible I would like some advice regards ***** ***** marriage accusations.
regards
Lorraine
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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.
Could you explain a little more about your question please?
Clare
Customer: replied 1 year ago.
Alan my partner was in a relationship with laila who is Moroccan they met in Morocco and he resided in the UK her family and her begged for him to bring her to the UK her visa was rejected so they asked him to apply for a fiancée visa he did and she came here on a six month visa. There were never plans to marry and when she was due to return she got purposely got pregnant thinking she could stay but couldn't so stayed illegally she then got pregnant again the whole thing was planned he was duped. In 2011 she left the property and walked out the whole time I financially supported her. The next thing was a letter demanding a divorce I iignored this but now I'm receiving documentation from her from a Moroccan court saying were married and that she wants money and properties we were never married here Morocco on the documents its all indescrepancies lies and falsifications. Where do I stand in an English court as I have now received a petition from a UK court
Expert:  Clare replied 1 year ago.
Hi
Has your partner asked for a copy of the alleged marriage certificate?
Clare
Customer: replied 1 year ago.
Yes constantly but we still haven't been given it. And they refuse to respond when we ask for it
Customer: replied 1 year ago.
Yes we ask constantly but never see this I do have documentation I can email you
Expert:  Clare replied 1 year ago.
Hi
You mention that there have been proceedings issued here in the Uk
If it was a Divorce Petition where does it say the marriage took place?
Clare
Customer: replied 1 year ago.
IN the Kingdom of Morocco
Expert:  Clare replied 1 year ago.
Hi
Have you contacted the Court and asked for a copy of the Certificate?
Clare
Customer: replied 1 year ago.
No just her solicitor the court has rejected the first application
Customer: replied 1 year ago.
Yes and her solicitor and the petition has been refused once already and we don't know why
Expert:  Clare replied 1 year ago.
Hi
Just to check - you have received a copy of the Petition from the Court?
Clare
Customer: replied 1 year ago.
Not one with the court stamp but from her solicitor.
Customer: replied 1 year ago.
If/when it does turn up from the court can we strike through it not applicable as 100% never married and neither party were in Morocco on the said
Expert:  Clare replied 1 year ago.
Hi
Interesting - what does the letter from her solicitor which accompanied the draft Petition say?
When is it being sent to court?
Clare
Customer: replied 1 year ago.

the petition is dated 10/2/15 the letter states that they had forwarded it to the court the letter is dated 17/02/15. we actually have a genuine marriage certificate and all the paperwork that they have sent is nothing like a genuine certificate as in there are none of my details and no signatures from any party or witnesses. We have sought some legal advice from people in Morocco and they have said that you need a lot of documentation before any marriage can take place this includes proof of identity ie. moroccan id card, birth certificate issued by town hall of place of birth as well as proof of residence from town hall of which both of these only last 3 months from date of issue, also a medical examination certificate for both parties signed and stamped by Dr. None of the above has ever happened as I/we were never there. she has given 3 dates that the alleged marriage took place and we were there for none of them

Expert:  Clare replied 1 year ago.
Hi
When you receive the Petition from the Court you can see what she has said regarding the Marriage Certificate.
You will be defending the Petition based on the fact that there is no valid marriage and your starting point will be to ask the court what evidence of the marriage has been produced.
Indeed at this stage I would write to the Solicitor and ask for copies of the alleged Marriage Certificate pointing out that this will save time and thus costs later and that failure to provide the copies will be brought to the attention of the court with relation to any claim for costs
Please ask if you need further details
Clare
Customer: replied 1 year ago.
Thank you. We have been constantly asking for this and her solicitor has added in a letter to us she says that she has had instructions from her client not to give any further information about proving the marriage and if we want anything to go to court
Expert:  Clare replied 1 year ago.
Hi
Interesting
In which case say that her continual refusal to provide the evidence relating to the marriage will be brought to the attention of the court on the question of costs
Clare
Customer: replied 1 year ago.
Thank you. We have so much proof that this never happened. So how would we defend this and can we summon the sham witnesses from Morocco to appear here. Also they are saying that they are married because they lived together had two children and she has a water bill in her name. Can we get her for fraud deception etc
Expert:  Clare replied 1 year ago.
Hi
At this stage you do not know what she has produced for the court as evidence of a marriage ceremony.
Until you do there is no way that you can plan your next step I am afraid
Clare
Customer: replied 1 year ago.

Can we write to her solicitor and ask for copies of all transcripts that were taken in marocco and all that she has used as evidence and shall we request the certificate again. Also request why the UK courts rejected the first petition. On the latest petition we have noticed that they have done his name wrong shall we just send it back as not known at this address and make them work more

Expert:  Clare replied 1 year ago.
Hi
No to all of this.
When you receive the Petition from the Court that is when you defend on the basis that there is no marriage and ask the court to consider this as a preliminary issue
That is when all the evidence will have to be disclosed
Clare
Customer: replied 1 year ago.

Hello, so basically we can not do anything until this petition arrives, the thing is that if it is the same one as the draft we received then his name is ***** ***** we send that one back unsigned and state that there is an error on there then wait for the correct one to turn up then start asking for everything

Expert:  Clare replied 1 year ago.
Hi
No you do not do that - it is just delaying the inevitable and you would be better using the mistake - which must be shown on whatever evidence they have dredged up - as further evidence that there was no valid marriage
Clare
Customer: replied 1 year ago.
Is it worth reporting this to the police as well as she is trying obtain financial gain through fraud and deception. What happens when we receive this petition and can she use all this documentation she illegally obtained from Morocco, do you think that we would be able to defend ourselves as we can prove all is obtained by devious back handed ways. We can prove from the offset that neither party were even in the country at any of the THREE dates that she claims that this fictitious bogus marriage took place. And she gave false information under oath in Morocco. She used an address that I have never resided in so that I would not receive anything, the list is endless but this is just a small sample
Expert:  Clare replied 1 year ago.
Hi
No you cannot report this to the police - this is simply a matter of Family Law
You need to wait until you receive the details that she is relying on at court before you do anything further
Clare
Customer: replied 1 year ago.
HiThank you for all your advice. Once we have the papers from her side will it be everything or just some also how would you suggest we defend this as we have to do it ourselves as we can't afford a solicitor. Can Moroccan papers be used in a UK courtThanks
Customer: replied 1 year ago.
HiThank you for all your advice. Once we have the papers from her side will it be everything or just some also how would you suggest we defend this as we have to do it ourselves as we can't afford a solicitor. Can Moroccan papers be used in a UK courtThanks
Expert:  Clare replied 1 year ago.
Hi
When you get the petition let me knw and I will assit you in completing the defence
Clare
Customer: replied 1 year ago.
Hi that is wonderful how do we get in contact with you. Thank you so much
Expert:  Clare replied 1 year ago.
Hi
You are welcome - just ask for me by name or use this link
http://www.justanswer.co.uk/law/expert-claire/?rpt=3800
Clare
Customer: replied 1 year ago.

Thank you Clare so much for your help you have been wonderful, if possible if we get anything from them could we come and ask your advice before we send and forms or documentation. Again we cant thank you enough.

Much regards,

Alan and Lorraine

By the way you dont live near Croydon do you Laughing

Expert:  Clare replied 1 year ago.
Hi
Sadly not - but there may be the possibility of direct contact via additional services if it proves necessary
Clare
Customer: replied 1 year ago.

Hi

We have your link so we can communicate that way if ok. Again thank you.

A and L

Expert:  Clare replied 1 year ago.
Hi
You are welcome - but could I trouble you for a positive rating please
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33532
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi

We gave you a excellent rating, you have been so much help. We are still waiting to receive the latest petition from the court. It was sent on the 10/02/15 and we still havent received it how long does it usually take to arrive.

Regards

Lorraine and Alan

Expert:  Clare replied 1 year ago.
Hi
Depending on the court it can take three weeks or so,
If it does not arrive this week you shoudl ask the solicitor what is happening
Clare
Customer: replied 1 year ago.

Hi

Are we allowed to do that, and are they obliged to inform us also if it has been rejected as the first application was can we ask the reason why both have been rejected and how many times can she reapply. Thank you.

Lorraine and Alan

Expert:  Clare replied 1 year ago.
Hi
You can ask - they do not HAVE to tell you.
You can apply as often as she is prepared to try.
However if it does fail then you can write and point out that the reason that she cannot prove there was a marriage was because there was not one
Clare
Customer: replied 1 year ago.

Hi

Would we be allowed to send you the documents to view or are we not able to do this.

Regards

Lorraine

Expert:  Clare replied 1 year ago.
Hi
Yes that will be possible
Clare
Customer: replied 1 year ago.

Hi Clare,

Thank you for that please find them attached. The last few pages are in Arabic its just we are assuming that they say the same as the English translation. It wont let me attach anything.

We look forward to hearing from you.

Regards

Lorraine

Expert:  Clare replied 1 year ago.
Hi
They are not attached I am afraid - have these been sent to you by her solicitor?
Clare
Customer: replied 1 year ago.

Hi by her solicitor. We have still not heard from the court about the petition. How can I attach these to you. We are stumped as to what we' can do now. Regards Lorraine

Customer: replied 1 year ago.

Hi by her solicitor. We have still not heard from the court about the petition. How can I attach these to you. We are stumped as to what we' can do now. Regards Lorraine

Expert:  Clare replied 1 year ago.
Hi
That appears to be a Certificate that there is no Appeal in a court case - how is that meant to relate to a Marriage?
Clare
Customer: replied 1 year ago.
Hi I will send you two more pages that might make sense
Regards. Lorraine
Customer: replied 1 year ago.

Hi

These might be clearer.

Lorraine

Expert:  Clare replied 1 year ago.
Hi
Well that is NOT a marriage certificate and in fact it states clearly that there was no formal marriage
On that basis I am far from certain that the Uk Courts will accept it as a valid marriage on which a divorce can be based
If the matter goes forward you will need to find an Academic who can give a formal opinion on the nature of the legal relationship
Clare
Customer: replied 1 year ago.

Hi

Do you mean that a UK court will not accept it as a valid marriage certificate. We have still not heard anything back from the court is it worth us writing to her solicitor or the court to find out what is going on.

Regards

Lorraine

Expert:  Clare replied 1 year ago.
Hi
Yes that is what I mean - but at this stage you just wait and see
Clare
Customer: replied 1 year ago.
Hi
Did you see the other documents
Regards
Lorraine
Expert:  Clare replied 1 year ago.
Hi
Yes I read them all.
Clare
Customer: replied 1 year ago.
Hi
Thank you. What do you make of them.
Regards
Lorraine
Expert:  Clare replied 1 year ago.
Hi
She obviously used a legal process in Morocco which can declare that there was a marriage even without a ceremony.
I assume that your partner knew nothing about this?
Clare
Customer: replied 1 year ago.

Hi

No he knew nothing about this, how can it be legal when there are no signatures on it.

Regards

lorraine

Expert:  Clare replied 1 year ago.
Hi
It is a Court Order - made in Morocco.
If your partner says he was not aware of it then he needs to instruct a lawyer in Morocco to challenge it.
However that still does not mean the UK courts will accept it
Clare
Customer: replied 1 year ago.

Hi

We will be contesting/appealing this in Morocco on the grounds that it is fraudulently gained as she used a false address knowing that i would not receive any documents from the court or given the opportunity to attend the hearings that were all one sided and supposedly signed and witnessed by her family and her friends of which do not know me. How can they justify as to us being allegedly married and comment as to living arrangements in the uk when they have never been here or witnessed us together as a couple.

Is it just a waiting game now with regards ***** ***** latest petition if this one is rejected can we proceed to criminal court for fraud and deception before she tries to issue another petition using any other additional false documents.

regards

lorraine

Expert:  Clare replied 1 year ago.
Hi
The way forward is indeed to appeal it in Morocco.
There is no question of Criminal Proceedings in the matter
Clare
Customer: replied 1 year ago.
Hi
Is there absolutely nothing we can do here
Lorraine
Expert:  Clare replied 1 year ago.
Hi
Not until you receive the Petition (if you do) - at which point you can defend it on the basis that there was no valid marriage recognisable in the UK.
Clare
Customer: replied 1 year ago.

Hi


How long do you think that we should leave it before we assume that we are not going to receive this petition. Would it be wrong to write to her solicitor to enquire as to any news.


Lorraine

Customer: replied 1 year ago.

Hi


 


How long do you think that we should leave it before we assume that we are not going to receive this petition. Would it be wrong to write to her solicitor to enquire as to any news.


 


Lorraine

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