Is our marriage valid?

[dvsbug]

My name is Mr X and I married Mrs X on 15/04/2011
I met my wife 5 years before we decided to tie the knot. it was only after ther wedding I found out about her immigration status in the country.


My wife entered the country in 2004 using someone elses passport. She continued using this passport up until her first application to the home office after the wedding.


Application to the home office was refused on few occasions, however after giving birth to our daughter in January 2015, she was granted stay in the country so long as she renews her Visa every 2 years and she provides her birth certificate confirming her real date of birth. A new passport has been issued by the high commission with her real date of birth


Could it be confirmed that given the false passport my wife used at the time of the ceremony, does that nullify the marriage? is our marriage legally binding contract? do we need to re-marry? if I divorce her, what are the implications?


Please let me know as she is crazy, money hungry and I worry my daughters future

[Peridot]

Re: Is our marriage valid?

Hi dvsbug,

Oh dear not an ideal situation. This is not my specialist area but I have gleaned some information that may assist you.

There is a difference in sham marriage - ie where both parties were willing to partake in a fake marriage, and marriage fraud where one party is deceived into believing that the marriage is 'real'.

Both types are currently deemed as criminal offences although there is a lot of campaigning ongoing to try and separate the two.
However, despite the repercussions of deportation and criminal proceedings once having established a shame or fake marriage has taken place, my understanding is that a divorce would still have to be obtained to end the marriage.

In your situation it is very tricky, not least as you became aware of the false passport but continued in the marriage and also had a child. I would say you need some proper legal advice on this regarding the immigration aspect and also divorce, but bear in mind you will be opening yourself up to scrutiny.

[dvsbug]

Re: Is our marriage valid?

Hi peridot,

thanks for the response.

But the fact that she used false ID to register the marriage, dosnt that automatically cancel the marriage contract?

I had a word with the register office and they have asked me to send a statement which will then be reviewed by their head office.

[Peridot]

Re: Is our marriage valid?

Hi again,
There are a number of websites with forums attached, for marriage fraud, support & information that may be of use.

[Peridot]

Re: Is our marriage valid?

Hi,
I'm not so sure that is the case. To anul or void a marriage there are specific scenarios which I don't believe you would fit into. Here's the government link to have a look:- https://www.gov.uk/how-to-annul-marr...nul-a-marriage
Here is the Government paper on Sham marriages which may be helpful:- https://www.gov.uk/government/upload..._EXT_clean.pdf

[dvsbug]

Re: Is our marriage valid?

Thanks. I sent email to stopukmarriagefraud.com

Waiting for them to reply