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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2541
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My partner married an American woman here in UK (he is

Customer Question

My partner married an American woman here in UK (he is British) in 1999, they were together for about 4 years, marriage was never consummated, she went back to USA, never kept contact with him, she had previously been married in USA, 1996, but we don't think she divorced that husband (no records found), we have also recently discovered that she re-married again in 2010. We would like to marry, but we don't know where he stands regarding his marriage to that woman or what he should do. Help is much appreciated. Thank You.
Submitted: 11 months ago.
Category: Family Law
Expert:  Harris replied 11 months ago.

Hi, thank you for your question. He will need to make an application to find out if there has been a decree absolute (final order of divorce) in England (here: https://www.gov.uk/copy-decree-absolute-final-order) or the US as if there has been no divorce or nullity then he is still legally married and he cannot remarry.

In the event that he cannot obtain such confirmation he can pursue an application for nullity due to non-consummation of the marriage - the guidance can be found here: https://www.gov.uk/how-to-annul-marriage/when-you-can-annul-a-marriage

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Expert:  Harris replied 11 months ago.

A colleague has also pointed out that it will be easier for him to pursue a divorce under five year separation instead of nullity in the event that he cannot ascertain whether there has been a divorce. The divorce process can be found here: https://www.gov.uk/divorce/overview

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2541
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Family Law Specialists are ready to help you
Customer: replied 11 months ago.
Thank very much for your help, I will show your replies to my partner.
Expert:  Harris replied 11 months ago.

Thank you - I hope it goes well. If you have any questions in the future you can ask for me directly by starting your question For Harris

Customer: replied 11 months ago.
for harris.Surely if my partner's wife didn't divorce her husband that she married in 1996, and married my partner in 1999, the marriage wouldn't be legal? She has in our eyes committed bigamy twice, seeing that she has married again in 2010 she didn't divorce my partner, we know that for fact.
Expert:  Harris replied 11 months ago.

Yes, if it is true that she had not divorced her first husband and then married your partner, then the marriage is void and he can seek to annul the marriage and he will require the annulment to marry you.

Customer: replied 11 months ago.
Ah right, thank you. I will show this to him.
Expert:  Harris replied 11 months ago.

Thanks

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