Divorce / annulment

luke123456

Hi

Just a bit if urgent advice needed

I've been trying to help a friend of mine, whose just been married two months now.

The marriage was never consummated therefore can it be annulled? As I know you have to wait about a year to get a divorce am
I right? But how do you prove it was never consummated. In any case he will be contacting a solicitor urgently.

He is named on 3 mortgages and wants to know if she will get any of it? Someone said not if the marriage is annulled and in any case she won't get half of what he owns she will get a little bit only as they have only been married 2 months is this right?

Thanks

Browntoa

https://www.gov.uk/how-to-annul-marriage/when-you-can-annul-a-marriage

the rest they need to speak to a solicitor about

luke123456

How do you prove a marriage wasn't consumated?

Errata

Both spouses swear the marriage wasn't consumated and one of them applies for the marriage to be annulled?

susieq87

how do you stay married for 2 months and not consummate the marriage?

System

wants to know if she will get any of it?

after 2 months of marriage then I doubt it very much

Mojisola

luke123456 wrote: »

He is named on 3 mortgages and wants to know if she will get any of it? Someone said not if the marriage is annulled and in any case she won't get half of what he owns she will get a little bit only as they have only been married 2 months is this right?

Even if they were married for two years, a spouse normally wouldn't be able to claim any of their partner's assets (unless they had children but that won't happen here if the marriage stays unconsummated).

After a short marriage, both parties would expect to go back to the position they were in before the marriage.

luke123456

So it seems from most advice here that she wont get anything as they have not had kids, only been married for 2 months and the amrriage was not consumated. Broadly speaking...Am I right?

The reason the amrriage wasnt consumated is becasue the religious ceremony didnt happen, so they were legally married but religious ceremony didnt happen and they were not living together...

What if she refused to go and swear that the marriage wasnt consumated? Would that mean he would have to wait 1 year before he could get a divorce? But then they would class it as if they had been married ofr that 1 year??

Mojisola

Have you seen this -
https://www.gov.uk/how-to-annul-marriage/when-you-can-annul-a-marriage

2. Your marriage is defective - ‘voidable’ marriages
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 it
the other person had a sexually transmitted disease when you got married
the woman was pregnant by another man when you got married
Marriages annulled for these reasons are known as ‘voidable’ marriages.

luke123456

Hi

Yes thanks, that is what my previous post was referring to...

Could you please advise me on the questions in post 8

Thanks

Mojisola

luke123456 wrote: »

So it seems from most advice here that she wont get anything as they have not had kids, only been married for 2 months and the amrriage was not consumated. Broadly speaking...Am I right?

What if she refused to go and swear that the marriage wasnt consumated? Would that mean he would have to wait 1 year before he could get a divorce? But then they would class it as if they had been married ofr that 1 year??

It would be classed as a year long marriage but she still wouldn't have any claim on his assets.