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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33293
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi What is the position of a couple married for ten weeks

Customer Question

Hi
What is the position of a couple married for ten weeks when the wife left the marital home.
The husband claims that the marriage has not been consummated, although there were some attempts, and counselling, and that according to him the wife shows no affection, care or desire for intimacy.

Neither of them wish the marriage to continue

How quickly can it be ended, and what are the procedures you would recommend.

I am asking on behalf of the husband
Thanks, Janet
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.

Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.

Are there any children involved?
Expert:  Clare replied 3 years ago.
Hi
Thanks for your question.
My name is XXXXX XXXXX I will do my best to assist you.
The requirement to annul a marriage is that the non consummation has to be wilful - that one party has simply refused to consummate the marriage which is clearly not the case in this matter
That being the case the only option is to wait until they have been married a year and then for there to be a divorce based on the Unreasonable Behaviour of one of them
However if the Wife is willing to say that she is refusing to consummate the marriage then an annulment could still go ahead immediately
The form is here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/d008n-eng.pdf
I hope that this is of assistance - please ask if you need further details
Claire
Customer: replied 3 years ago.

I have received replies from two experts. Law Denning has been very helpful to a question I have put in the past, regarding another case, and Claire has given a fuller reply.


 


No there are no children. The couple are very young and religious. There was no intimacy before the marriage.


 


To get the marriage ended earlier than a year, is annulment on the grounds of the wife being unwilling to consummate the marriage the only option.


 

Expert:  Clare replied 3 years ago.
Hi
Yes I am afraid so
Claire
Customer: replied 3 years ago.

Ok have looked at the form. Can you pls briefly outline the various steps once the form would be submitted by the petitioner for annulment, either on the grounds of refusal or inability to consummate the marriage

 

a) if it were mutually agreed that these would be the grounds

 

or b) if the respondent denied the non-consummation

 

Thanks, Janet

Expert:  Clare replied 3 years ago.
Hi
If the Respondent is going to deny Wilful non consummation then do not even start the process - it will fail expensively
If she will agree then
the form is sent to the court;
the court send it to her and
she completes the Acknowledgement of Service and sends it to the court, the court sends it to him
He completes a further form and sends it to the court
The court makes the order
Claire
Customer: replied 3 years ago.

Hopefully my last question! If both complete the forms as you have detailed, do they need to appear in Court in person?


 


Thanks

Expert:  Clare replied 3 years ago.
Hi
Not if she agrees to "Wilful non consummation"
Claire

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