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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 855
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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Divorce / annulment? I have not yet been married a year,

Resolved Question:

Divorce / annulment?
I have not yet been married a year, the grounds of anullment I have seen don't definately cover the situation although the unreasonable behaviour may account for the marriage not to have taken place in the first place.
Would be good to discuss and clarify!
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Welcome to Just Answer I am a Solicitor and will assist you. For an annulment You can annul a marriage if it was not legally valid in the first place, eg:you are closely relatedone of you was under 16one of you was already married or in a civil partnershipor You can annul a marriage if:it wasn’t consummated - you haven’t had sex with the person you married since the wedding (doesn’t apply for same sex couples)you didn’t properly consent to the marriage - eg you were drunk or forced into itthe other person had a sexually transmitted disease when you got marriedthe woman was pregnant by another man when you got marriedDo any of these apply to you? Kind Regards Caroline
Customer: replied 1 year ago.
Hi CarolineNo they don't unfortunately. My husband regularly looks at gay porn - I have captured evidence over the last year up until recently. It is regular, constant and always homosexual (m to m) porn, not any heterosexual that I have seen.
I was wondering if being homosexual before entering a heterosexual marriage to a woman would mean our marriage could be nullified?
I understand this is a difficult one - he denies the evidence so he will not confirm if he is gay or not.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Thank you for your response. My apologies for my delay in responding to you. I am very sorry to hear what has happened. Unfortunately an Annulment isnt going to be an option but an a divorce on the grounds of unreasonable behaviour is an an option for you if you wanted too. Unreasonable behaviour is subjective and therefore you just need to come up with 6/7 reasons as to why you can no longer be reasonably be expected to remain married. Have you discussed with your husband about divorce? do you think he will agree? Kind Regards Caroline
Customer: replied 1 year ago.
Thank you for the clarification!Can I ask re the 6-7 reasons? As in, would the first be the porn, then others must be different I.e mental cruelty etc or must each of the 6-7 reasons be descriptions / each occasion he has done it?Our marriage will be one year on 29 August 2016 - when is the earliest I can file for divorce? And how do I work out if we have any financial entitlement to each other - he owns the property we live in and has a pension (preceding our relationship) we have no children and I am not a housewife.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Its subjective so its from your perspective as why you can no longer reasonably be expected to remain married to your husband. You can choose what you want to include. Sometimes people choose to include everything, others choose to be selective. It is quite possible to be 'gentle' so as to not cause your husband to want to contest - but it is your choice. Yes - the reasons you have listed would be accepted. You do have to wait - 1 year from the date of marriage - so the 29.08.16 would be the earliest. With such a short marriage and no children - they are both likely to walk away with your own finances as they are. You can make a claim on his pension and house - but these will likely be limited. Mediation can help you agree. Please do not hesitate to ask if I can assist you further. Kind Regards ***** ***** you have found this service useful please kindly remember to rate positively so that we receive credit for helping you
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