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Legal matters

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Is there anybody on here who knows about law and annulment of marriage

9 replies

Jca29 · 03/04/2019 20:00

Me and my husband have been separated a year now, he keeps saying he doesn't want a divorce but wants to annul the marriage on the grounds of duress. Basically not long after we met in 2015 we both had some mental health problems, at some point early on in the relationship he says he said he wanted to postpone getting married and I apparently got upset and said I had nothing worth living for. Fast forward about 15 months after that supposid comment we had a child and got married, now in my mind we was happy throughout my pregnancy and before getting married, he never voiced any concerns about the comment Id made over a year before. He was asked by the registrar before we got married in private if he agreed to the marriage and was obviously asked on the day infront of the Fr who married us. Now he is saying he wants to get our marriage annuled on the grounds of duress because he felt forced by my comment at the early stages of our relationship but I dont think it will stand and personally think he is wasting time. Obviously we consimated the marriage and continued to be sexual throughout our marriage and he hasnt made any effort in the year we have been seperated to sort out the annulment so I dont feel the court will take his feeling forced seriously. Ive heard the process can take up to 18 months and if it doesn't go in his favour we would still have to apply for a divorce, it literally feels like he is dragging this out. Does anyone have any good knowledge of duress and annulments please for some guidance/advise.

OP posts:
GarthFunkel · 03/04/2019 20:08

Surely if he wants an annulment then he can find and pay for a solicitor and go for it all by himself? Obviously it's bollocks but he can find that out himself.

PersonaNonGarter · 03/04/2019 20:12

As you know, an annulment is not competent here. Duress is a high bar, also not met here.

Basically, this is all bollocks and part of messing with your head. Don’t engage.

Jca29 · 03/04/2019 20:18

@Garthfunkel Glad im not the only one who thinks it sounds like bollocks, but theres literally no reasoning with him, hes convinced the court will grant him an annulment and you'd think, but it just never seems to happen as he's been saying this for the past year. It will mostly likely be me printing the nulity petition forms for him to fill out and send as I know for a fact he would never go to a solicitor but it just seems like such a faff. I just want it to be over so to speak and not have the marriage looming over me for future it would just be easier to have a clean break and sort out a divorce for both our future's I mean there really is no point in dragging it out as he's made his feelings about our entire marriage very clear.

OP posts:
Crustaceans · 03/04/2019 20:22

Just divorce him. Tell him he can apply for an annulment after you’ve gotten divorced if he wants it.

Jca29 · 03/04/2019 20:25

@crustaceans thank you, I never thought of this. Perfect solution and saves me the headache of having to keep mentioning it to him 😊

OP posts:
AfterTrentham · 06/04/2019 10:15

Is he Catholic? Does he want a religious annulment so he can keep taking Communion, have future children of another marriage baptised, etc? My mum was in this position when her first husband left her 35 years ago. When he left her he said he'd never wanted children with her anyway (they tried for years but couldn't conceive). They got a divorce to sort out the legalities, then my mum's priest arranged a Catholic annulment on the grounds that the marriage was religiously void because her ex didn't mean his
Catholic marriage vows if he didn't want children. If your ex is in that position, then the thing to do is to sort out the legalities via divorce, then for your ex to speak to his priest to try and get the marriage annulled by the Church. Hope this makes sense.

Xenia · 06/04/2019 15:11

I knew one man who got a civil annulment ( marriage never consummated). It is rare however.Check if he really just wants a Roman Catholic annulment which might be poossible in conjunection with a civil divorce (as said above)

rosablue · 06/04/2019 15:42

Is it because if he gets an annulment then it means you weren't married and he therefore doesn't need to pay anything out to you? Sounds like he is trying to scam you for every penny to be honest!

Definitely think saying that you will organise the divorce and he can sort out the annulment makes a lot of sense.

SoHotADragonRetired · 06/04/2019 20:38

Why on earth would you fill out the annulment forms for him when it's him who wants the annulment?! Do you still talk to him frequently/do things for him?

Just tell him he can apply for annulment if he wants, divorce him, and stop listening to him quite so much, because he's just fucking with your head.

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