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Ex-wife is now Ex-husband (Seprated 5 years not divorced)

Marcus
03.12.2018 13:56:00

3425

I recently recieved a divorce petition from my ex partner, Since we have split she has now gone ahead with a sex change to become a he, As i did not consent to marrying a man nor was i given the choice to voice my concerns, is there anyway to avoid the divorce and procedd with a annullment instead as she/he is trying to get me to pay for the divorce when they were the one to end the relationship and procedd with the current course of events.

Replies (1)

Kate Daly
03.12.2018 21:13:32

Hi Marcus, it is difficult to get an annulment, below are the circumstances that the law in England and Wales accepts that marriage is void in the following circumstances:

  1. You are closely related
  2. One or both of you were under 16
  3. One of you was already married or in a civil partnership

You can annul a marriage/civil partnership in the following circumstances:

  1. It was not consummated - you have not had sex with the person you married since the wedding (does not apply for same-sex couples)
  2. You did not properly consent to the marriage - for example you were drunk or forced into it
  3. The other person had a sexually transmitted disease when you got married
  4. The woman was pregnant by another man when you got married

If the above is not applicable then you won't be able to annul. As your ex has also used five years separation, they do not need your consent to end the marriage. As for the money your ex is trying to claim of you, I think it's best we have more details before commenting.

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