Annulment

[atkin]

Hi,
I wish to apply for an annulment .The grounds are that I was forced into marrying a non national against my better judgement so she could get residence ie I was told that she would not live with me unless I did .Then 6 months into the marriage she lost interest and then did not have sex with me.I was upset with this and developed gay relationships. These are 2 grounds for an annulment.
The problem is this is difficult to prove to a court,gay relationships are still discreet and no one will say this in court.What happens in the family home between 2 people cannot be demonstrated also.
There are no statistics on the details and outcome of recent cases that I can find.
Any help appreciated.
Atkin.

[scrudu]

Read the following: http://www.citizensinformation.ie/categ ... f_marriage

Advise you seek the help of a Solicitor on proving ground for anulment.

[atkin]

Hi,
The solicitor seems to think because we did not have sex that is the same as living apart ?I divorced 5 years ago and this was not the case before.
The judge will not look in her favour even if she has 4 children as they are not mine.This is contrary to what a marriage councillor friend said ''she has you by the balls''.The solicitor is seeing a nice fee for feck all work.I did my own divorce before.The only reason I would use a solicitor is to make the case more credible before a judge. I am waiting to get a legal aid solicitor but it takes 3 months.
I can but try.
Atkin.

[scrudu]

Your story doesn't make sense to me:

The grounds are that I was forced into marrying a non national against my better judgement so she could get residence

This is against the law and you both could be prosecuted for this

I was told that she would not live with me unless I did

What do you mean here? You wanted her to live with you but not to marry you?

Then 6 months into the marriage she lost interest and then did not have gender with me

But by the above you are saying that you did consumate the marriage right?

I was upset with this and developed gay relationships.

ehhh ... so your marriage isn't working out so you decide you are bisexual? err .. ok?!! Or are you saying that you were gay all along?

These are 2 grounds for an annulment.

What are? The fact that you are bisexual and that you are not currently having s*x?

According to http://www.citizensinformation.ie/categ ... f_marriage the only valid grounds for an anullment are:

1. At the time of the marriage ceremony there was a lack of capacity
   - Doesn't seem to be the case in your situation.
2. The formal requirements for a marriage ceremony were not followed
   - Doesn't seem to be the case in your situation.
3. At the time of the marriage, there was a lack of consent. This may be due to duress, (i.e., you were forced into the marriage), mistake, misrepresentation or fraud. -
   Are you saying that this was the case?
4. At the time of the marriage ceremony, either party was impotent. You cannot obtain a declaration of nullity because one of you is infertile or because one of you is simply refusing to consummate the marriage.
   - Doesn't seem to be the case in your situation as you suggest that you did have s*x at the beginning of the Marriage. Even if you have not yet consumated the marriage, according to Law it doesn't matter as long as you are not impotent. This is obviously not the case.
5. At the time of the marriage ceremony, either party was incapable of entering into and sustaining a proper or normal marriage relationship. It may also be due to the sexual orientation of one of the parties. For example, if you discover after you marry that your spouse is homosexual, the court may grant you an annulment.
   - not sure how this works if you are bisexual. Also this sounds like only the other party (i.e. your wife) can apply on these grounds

You say that you handled your own divorce. This is not a divorce you are looking for, instead an annulment which is far more serious and notoriously difficult to get. You are basically saying through an anulment that the marriage was not lawfully executed and should be erased in the eyes of the law. A big difference to getting a divorce with a very different set of implications!

Statistics from the Courts Service indicate that a total of 51 applications for civil annulments were received by the Courts in Ireland in 2004. Of those 51 applications, a total of 25 were granted.

It makes perfect sense to seek the advice of a trained expert in Family Law. It is very doubtful that anyone on this forum can advise you in this regard. Your circumstances are quite individual.

[Directive/2004/38/EC]

atkin,

What is your citizenship? What is the citizenship of your wife?

I was upset with this and developed gay relationships.

This is odd. Does not happen very often I think.

[atkin]

Hi,
My wife is Russian and I am an Irish National.
Atkin.