Void Marriage - Okay to Remarry and Negate to Mention on Application?

[PabloSektman]

Just want to check that your understanding is the same as mine, regarding the following issue:

My partner was married, and then divorced. Unfortunately, despite verbal assurances from the court (in UK), the final divorce certificate was issued 1 day after we actually got married. i.e. We were married in the US on July 24th, and the divorce certificate showed July 25th. They had been separated for 2 years and lived apart for 4. The relationship was well and truly dead and divorce not contested in any way.

Therefore our marriage was legally VOID. It was not a legal marriage and is assumed to never have taken place, as my partner was not free to marry on that date. However, it would have been legal the day after! This happened 5 years ago, and was a stupid mistake to make.

Fast forward to now, we have been living together for 5 years in a common-law relationship but would like to actually get married. I will be applying for a study permit next year for Canada.

Is there a problem with us actually getting married now and showing that marriage certificate on the application, and completely negating to mention the previous void marriage (which legally didn't happen). I assume that is okay from a legal standpoint, but is it better to mention the void marriage too (there is not an annulment certificate for it as it was VOID, not VOIDABLE).

So, for application purposes, we would supply our new valid marriage certificate, her divorce certificate, and that's it.

Is that your interpretation too?

(If you don't know the difference between a VOID, and VOIDABLE marriage, or any other terminology related to it then please don't reply).

 

[Canada2020eh]

Just want to check that your understanding is the same as mine, regarding the following issue:

My partner was married, and then divorced. Unfortunately, despite verbal assurances from the court (in UK), the final divorce certificate was issued 1 day after we actually got married. i.e. We were married in the US on July 24th, and the divorce certificate showed July 25th. They had been separated for 2 years and lived apart for 4. The relationship was well and truly dead and divorce not contested in any way.

Therefore our marriage was legally VOID. It was not a legal marriage and is assumed to never have taken place, as my partner was not free to marry on that date. However, it would have been legal the day after! This happened 5 years ago, and was a stupid mistake to make.

Fast forward to now, we have been living together for 5 years in a common-law relationship but would like to actually get married. I will be applying for a study permit next year for Canada.

Is there a problem with us actually getting married now and showing that marriage certificate on the application, and completely negating to mention the previous void marriage (which legally didn't happen). I assume that is okay from a legal standpoint, but is it better to mention the void marriage too (there is not an annulment certificate for it as it was VOID, not VOIDABLE).

So, for application purposes, we would supply our new valid marriage certificate, her divorce certificate, and that's it.

Is that your interpretation too?

(If you don't know the difference between a VOID, and VOIDABLE marriage, or any other terminology related to it then please don't reply).

IMO you don't need to mention the VOID marriage because it didn't really exist. Maybe other members will offer their opinion as well.

 

[X-Men]

Want to remarry my current wife cause first marriage is legally void, as it was taken place prior to divorce decree certificate, do I have to nullify my first marriage with the second wife.

 

[armoured]

Want to remarry my current wife cause first marriage is legally void, as it was taken place prior to divorce decree certificate, do I have to nullify my first marriage with the second wife.

It's unfortunately not straightforward - and it may depend on which country/countries the marriages were in, and where you intend to marry.

You can't simply rely upon the fact that IRCC won't know about it (as was suggested above, and I'm not saying that was good advice either) - because you already applied and they do know about it.

 

[X-Men]

I am not saying that Im going to hide, and IRCC has already refuse first file saying marriage is invalid.

 

[X-Men]

It's unfortunately not straightforward - and it may depend on which country/countries the marriages were in, and where you intend to marry.

You can't simply rely upon the fact that IRCC won't know about it (as was suggested above, and I'm not saying that was good advice either) - because you already applied and they do know about it.

I am not saying that Im going to hide, and IRCC has already refuse first file saying marriage is invalid.

 

[armoured]

I am not saying that Im going to hide, and IRCC has already refuse first file saying marriage is invalid.

I wasn't accusing you of that - just noting that the approach mentioned earlier in this thread isn't relevant.