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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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I HAVE JUST RECEIVED SERIES OF LETTER'S FROM THE ARMAGH

Customer Question

I HAVE JUST RECEIVED SERIES OF LETTER'S FROM THE ARMAGH REGIONAL MARRIAGE TRIBUNAL CLAIMING THAT MY X-WIFE HAS PRESENTED A LIBELLUS TO THE TRIBUNAL REQUESTING AN INVESTIGATION INTO THE MARRIAGE WITH A VIEW TO OBTAINING A DECREE OF NULLITY IN CHURCH LAW. IT CLAIMS THAT THIS IS ENTIRELY A CHURCH MATTERAND HAS NO REFERENCE WHATEVER TO CIVIL LAW OR TO MATTERS AFFECTING THE STATUS OF THE PARTIES OR CHILDREN OF THE MARRIAGE. IT HAS ENCLOSED A REPLY FORM IN WHICH THEY HAVE ASKED ME TO COMPLETE AND RETURN BEFORE THE 17TH AUGUST 2016.
THEY HAVE TOLD ME IF I WHICH I CAN FORWARD MY OWN SHORT ACCOUNT OF MARRIAGE WHICH WILL BE CONSIDERED BY THE JUDICIAL VICAR BEFOREV HE DETERMINES THE PRECISE GROUND(S) ON WHICH THE CASE IS YO BE HEARD. THEY HAVE ASKED ME TO BECOME ACTIVELY INVOLVED IN THE INVESTIGATION AS THIS WILL HELP THE TRIBUNAL IN REACHING IT'S DECISION. IT IS SIGNED BY THE REV VINCENT CUSHNAHAN JCL.
also INCLUDED IS A SOMEWHAT CONTRAVENED ACCOUNT,BY MY X-WIFE OF WHAT HAPPENED IN OUR RELATIONSHIP AND AT THE END OF THE DOCUMENT SHE REQUEST'S THE TRIBUNAL TO INVESTIGATE HER MARRIAGE TO ME WITH A VIEW TO DECLARING IT NULL ON THE PROPOSED GROUNDS STATED IN THE DOCUMENT
COULD YOU PLEASE ADVISE ME AS TOP THE CORRECT COURSE OF ACTION TO TAKE AS MY SOLICITOR HAS NOT DEALT WITH SUCH MATTERS BEFORE.
I AWAIT YOUR FAVOURABLE REPLY,
***** *****
Submitted: 4 months ago.
Category: Law
Expert:  F E Smith replied 4 months ago.

What is the basis on which she wishes to nullify the marriage?

Customer: replied 4 months ago.
The basis on which she wishes to nullify the marriage was apparently my incapacity to assume the essential obligations of marriage. In the Matrimonial Consent Form it states that if a person is incapable of fulfilling the essential obligations of marriage, he or she cannot validly consent to assume them and so matrimonial consent will be fundamentally flawed. The marriage will be invalid. Within the enclosed form she states that due the fact that I sustained a serious Head-Injury in 1986 I was not able to maintain these essential obligations. It goes on to state that apart from clear-cut psychological conditions there is a growing source of jurisprudence which understands the canon in the context of a person's more general capacity for a true conjugal relationship.
Also included is a respondent citation reply form; stating
A - Iam I NOT opposed to the Petition for Nullity or
B - I'am opposed to the Petition for Nullity.-
THIS IS THE ONE I FEEL I WILL PICK as I want to bargain or negotiate a deal. I will agree to sign the necessary documents if she allows me to see my kids. I feel this is a fair compromise especially since I have not spoken to my children in 5years.
I look forward to your favourable reply,
***** *****
Expert:  F E Smith replied 4 months ago.

This is the petition.

Which box has she completed? Or is ita different form?

https://www.justice.gov.uk/downloads/forms/fjr/d8n_web_0414_2.pdf

Are you able to attach the form?

you say you have children so I’m not certain what she’s saying.

Customer: replied 4 months ago.
Roger again, I was wondering if you could forward to me your exact e-mail address so I can forward the correct documentation.
Thank-you, Roger
Expert:  F E Smith replied 4 months ago.

We are not allowed to give our private email addresses out but you can attach the document to hear in exactly the same way as you would to an email

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