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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34234
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My husband and I, who are both British, were married in

Customer Question

Hello
My husband and I, who are both British, were married in Portugal in a Catholic Church in 2000 following a marriage preparation course and permission from our bishop. My husband has now left me and believes that our marriage is not valid because we did not have a marriage capacity certificate. We did not know this was a necessity and married in front of family and witnesses, lived as man and wive, signed many legal documents including birth certificates stating we were married over the years. He is now planning to remarry and does not think we need a divorce first but when we were together he never questioned the validity of our marriage. What is the legal postion?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Did the marriage actually take place in a Roman Catholic Church and do you have a marriage certificate?

Expert:  Clare replied 1 year ago.

Thank you for your question.

My name is ***** ***** I will do my best to help you

Your husband is wrong and if he remarries without a divorce then he will be committing bigamy.

In fact UK nationals do NOT have to provide a Marriage Capacity Certificate, and even if they did and this had been overlooked this would NOT necessarily invalidate the marriage.

Please ask if you need further details