Q. I got married early in my 20s, something of a spur of the moment elopement. We were never really compatible; we lived together for a small bit but essentially broke up after a few months of marriage. We kept in touch for a bit, but have had no contact for about 10. I understand she is living abroad. I am now in a long-term relationship, thinking of buying a home, and want to sort out the marriage situation. We had no children. What steps can I take to get the matter sorted?
Dear Reader,
There would appear to be two options open to you. One would be to obtain a nullity, which is essentially a legal confirmation the marriage entered into was never a valid one.
These are granted on narrow grounds, usually if there was deception, the formalities of a marriage were not entered into, or if one of you was “incapable of entering into a marriage”.
It can be difficult to get a nullity, and if you and your partner lived together as husband and wife, even if only briefly, it is likely that you would not be entitled to one.
The second option is far more viable. It is clear that you and your spouse have been living apart for a long period of time, and, in those circumstances, you are now entitled to a divorce. Depending on her circumstances, your youth, and the fact that you have no children, it is likely that the courts would grant a ‘simple’ divorce, which would allow you to remarry.
Naturally, you would need to notify your spouse. I note that you have no contact, but you should try and see if you can reach her – perhaps by reaching out to friends and family. Perhaps social media might be of some assistance. If your spouse cannot be located via these means, you or your solicitor can or should engage with a tracing agent or similar.
If your partner is entirely unreachable, and you can prove that you have exhausted every avenue to try and reach them, a court might be persuaded to allow service of the necessary documentation by another means, perhaps by delivering letters to family members, notices in newspapers, etc.
It is vitally important you take all appropriate steps to deal with the marriage issue to regularise the position with your spouse at the earliest opportunity. This is especially so if you are considering purchasing a property as, technically speaking, your spouse is still entitled to a third legal right share of your assets so long as she is a spouse.
No doubt your spouse will want to regularise the position from her point of view. In the circumstances, you should consult with your solicitor at the earliest opportunity.
