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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
A statutory declaration may assist.Obie wrote:
I accept they have to undertake a procedure, but it is an automatic process.
Obie wrote:I get your point , and I may have to consult the family law book again if I am not correct. As I understand two catogories of marriages are entitled to annulment, void and voidable marriages.
A bigamous marriage is void, a marriage that was never consummated is voidable.
In the above category of case there was no marriage carried out by the OP. So it is void. There is no discretion of the court in granting an annulment in regards to void marriages, but they have in regards to voidable marriages.
I accept they have to undertake a procedure, but it is an automatic process.
In a sham marriage generally there is valid consent, not the position here.dalebutt wrote:Hi Obie, are you sure about that? My understanding is, although if a marriage appears void for whatever reason it is, once cannot simply say it is void because it was fraudulent and expect the authority to agree with them, they will need a legal document to say prove that assertion, even if the marriage has been conducted without their knowledge.
Sham marriages are also basis to seek an annulment from the court, whilst the authorities accept that sham marriages are fraudulent, the parties will need an absolute certificate or an annulment certificate to prove it, they couldn't just say it is a fraudulent marriage and expect the authority to accept it. I may be wrong, but this is my understanding of the matter.
party would lose rights immediately on breakdown of partnership? COA with no right to work etc.dalebutt wrote:Why did you think it isn't ideal? I agree with your post, supposing they meet the requirement as durable partner, the application should succeed.
I have just read through this whole topic. Interesting!a friend of mine got married with an EU national and sent his application for EEA residency permit. The application was refused claiming that EU National is already married