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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Family Law
Satisfied Customers: 12208
Experience:  Dual qualified Solicitor and Attorney
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I need quick detail answer on this issue, the marriage

Customer Question

Hi, I need quick detail answer on this issue, the marriage happened between couple around 3 months ago, so the duration is just for 3 months, now couple has decided to go for annulment as using a reason that marriage is not consummated, and both agree that they will apply jointly, I wanted to knowthat how the judge decide that the marriage is actually consummated or not or just he trust the words which couple explains, the reason for annulment as both have denied that they are not compatible and wanted to get annulled.Secondly, let me know in case of rejection , if wife decides to go for blame to husband related to sexual power or any other, will judge take this case further or not?waiting for answers.
Submitted: 10 days ago.
Category: Family Law
Expert:  Jeremy Aldermartin replied 10 days ago.

If the couple agree that the marriage was not consummated then the court will accept their word. I trust this assists

Customer: replied 10 days ago.
Hi Jeremy thanks for your response on it, Can you let me know how long will it take to get the annulment in uk if couple are agree and apply jointly, and will the couple will have to go to the court?
Customer: replied 10 days ago.
Also Can you let me know is it ok to hire one Solicitor who arrange all the documents as the couple is agree on clear break and agree on the annulment and wanted to apply jointly.
Expert:  Jeremy Aldermartin replied 10 days ago.

Probably a few months due to the backlog of cases in the courts, no they are unlikely to need to go to court. Yes one solicitor is fine as they are in agreement. I trust this assists

Customer: replied 10 days ago.
Thanks Jeremy, just wanted your opinion on this that what are drawbacks of annulment to man. can this annulment be use as an embarrassment by other party after the decision arrived and annulment done ?
Expert:  Jeremy Aldermartin replied 10 days ago.

Well it will be admitted that they did not consummate the marriage i.e. did not have sex. Men do not usually agree to the annulment on this ground as it is perhaps emasculating to them to admit they did not have intercourse with their wife but they can do it. I trust this assists

Customer: replied 10 days ago.
Thanks, ***** ***** court ask to couple why they not consummated the marriage even after both have declared that it is due to being not compatibility build up in this short period of time of 3 months of marriage?
Customer: replied 10 days ago.
Furthermore, if the annulment application is applied jointly then who will be the petitioner and who will be the respondent, as the annulment application form have to be filled like this.
Expert:  Jeremy Aldermartin replied 10 days ago.

No they will just take the couples word for it. One has to be a petitioner and one has to be a respondent they can agree but one still has to apply. I trust this assists

Customer: replied 10 days ago.
Thanks for your response, is it better for husband to be a petitioner and show wife as a respondent?
Secondly, how can husband make sure that wife can not apply for spousal maintenance in future, will need a court order in this case ?
Expert:  Jeremy Aldermartin replied 10 days ago.

Yes. If the marriage is annulled she cannot apply because it is  as if the marriage never happened. The annulment will be endorsed by the court. I trust this assists

Customer: replied 10 days ago.
Thanks Jeremy, is their anything you want to share with me or you feel it is very important for me to know before applying for annulment?
Expert:  Jeremy Aldermartin replied 10 days ago.

No nothing extra I trust this assists

Customer: replied 8 days ago.
Hi Jeremy
Hope you are doing fine
I have one question regarding the annulment application in uk.
After picking the reason that
"The marriage was not consummated owing to the wilful refusal of the respondent to consummate it (this will not apply to marriages of same sex couples)"
their is another Section 7- Statement of case which is asking that
"(in all cases, please state briefly any relevant details about the fact(s) on which you rely)"
their is quite big empty space for writing underneath this
Kindly let me know what needs to be written for the above reason?
Expert:  Jeremy Aldermartin replied 8 days ago.

You do not need to add anything but if you wish you can just say the marriage was not consummated. I trust this assists

Customer: replied 8 days ago.
ok Thanks
Expert:  Jeremy Aldermartin replied 8 days ago.

Happy to help, take care

Customer: replied 8 days ago.
is their any possibility that even wife and husband are applying jointly, still any chance of court can ask questions to husband and wife separately and try to find out the further deep reasons behind the annulment?
Expert:  Jeremy Aldermartin replied 8 days ago.

No the court will not go into that exercise. I trust this assists

Customer: replied 8 days ago.
Thanks for answering
Expert:  Jeremy Aldermartin replied 8 days ago.

Happy to help take care