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And marriage law is quite clear, you remain marriage until the issue of a Decree Absolute of Divorce, or of course the death of one of the spouses."Married" should be taken to mean validly married in United Kingdom law.
Nationality Instructions: Chapter 18 wrote:18.2.2.1 A person may be granted a certificate of naturalisation as a British citizen under s.6(2) of the British Nationality Act 1981 if, on the date of application, the applicant:
• is of full age (i.e. aged 18 or more); and
• is of full capacity (see Annex A); and
• is married to/in a civil partnership with a British citizen (see Annex F to Chapter 6 and the entries "MARRIAGE" and "CIVIL PARTNERSHIP" in Volume 2); and
• meets the residence requirements set out in 18.2.2.2 below; and, at the time of consideration:
a. is of good character (see Annex D); and
b. remains of full capacity (see Annex A); and
c. (if the application is made on or after 28 July 2004) has a sufficient knowledge of the English, Welsh or Scottish Gaelic language, and can provide the appropriate evidence to support this (see Annex E); and
d. (if the application is made on or after 1 November 2005) has a sufficient knowledge of life in the United Kingdom, and can provide the appropriate evidence to support this (see Annex E Section 1).
Nationality Instructions -> Chapter 6 -> Annex F wrote:Meaning of "Married"
20.1 The word "married" is not defined in the British Nationality Act 1981.
20.2 "Married" should be taken to mean validly married in United Kingdom law.
regardsNationality Instructions -> Volume 2 -> Secton 2 -> Marriage wrote:14.3.3 Under s.5 of the Nullity of Marriage Act 1971, a decree absolute of nullity, granted on or after 1 August 1971 on the grounds that a marriage is voidable, has no retrospective effect. Notwithstanding the decree, the marriage must be treated as if it had existed up to the date of the decree absolute. In other words, such a decree may be regarded in exactly the same way as a divorce decree.
If you are legally separated then tick that. Otherwise, and if you're only separated, you are still married in the eyes of law (Legally).
"A couple is legally separated after petitioning the court to recognize their separation."
You have to answer the question honestly, as simple as that.juliajules1979 wrote:Do you have to tick on the form that you are legally separated or tick the box married?
Well no, not quite. If one party to the marriage has petitioned the Court for a Decree of Legal Separation, they are not legally separated until the Court has issued that Decree. Merely starting those proceedings does not make them legally separated.Kevin_K wrote:"A couple is legally separated after petitioning the court to recognize their separation."