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Legal Question On Validity Of A Marriage


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HOLA441

My mate is splitting up from his wife and they are filing for divorce.

Now it's become apparent that his other half appears to have signed the marriage certificate in a slightly different way to what we think her name actually is, so in the registery at the Church it appears as mentioned below but obiviously as a females name.

So if your name is John Robert Smith, and when you get married you decide you quite like the name Mark and decide to have it on the name in the church as John Robert Mark Smith would you still legally be married?

Not 100% certain his wife doesn't have a birth certificate with the additional bit on, but if you added a bit onto your name like this or went with say John Mark Smith what would the legal standing of the marriage be in the eyes of the court?

I wondering if the marriage isn't legal and he can just have the whole thing annulled. Any opionions? Apart from don't get married in the first place.

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HOLA442

I wondering if the marriage isn't legal and he can just have the whole thing annulled. Any opionions? Apart from don't get married in the first place.

Do get married in the first place, but have a prenup and choose your partner carefully.....

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HOLA443

My mate is splitting up from his wife and they are filing for divorce.

Now it's become apparent that his other half appears to have signed the marriage certificate in a slightly different way to what we think her name actually is, so in the registery at the Church it appears as mentioned below but obiviously as a females name.

So if your name is John Robert Smith, and when you get married you decide you quite like the name Mark and decide to have it on the name in the church as John Robert Mark Smith would you still legally be married?

Not 100% certain his wife doesn't have a birth certificate with the additional bit on, but if you added a bit onto your name like this or went with say John Mark Smith what would the legal standing of the marriage be in the eyes of the court?

I wondering if the marriage isn't legal and he can just have the whole thing annulled. Any opionions? Apart from don't get married in the first place.

IANAL. DYOR etc but the following points spring to mind:

i) English Law is very relaxed about your name - generally , you are what you are known as. If you want to call yourself something else you don't have to go through deed polls etc, you just do it (occasional problems with bureaucracy but nothing serious) NB as long as it's not for criminal purposes!

ii)English Law is similarly fairly relaxed about marriage technicalities - if you are into genealogy at all you'll know the weird and wonderful permutations of names that went on marriage certs - if the couple were illiterate the clergyman just had to take his best shot. I have a set of ancestors called Heaton and they pop up as Eaton, Eton, Keeton.....

iii) The objective of the legal ceremony is that the two people are freely marrying each other in public, and most other things are irrelevant (previous living undivorced spouses being an obvious exception!). There was a big hoo-haa a few years back when an unordained deacon(?) performed the marriage ceremony when the priest didn't show up; the ruling was that the two people were marrying each other and the church was just sanctifying it.

So. frankly, I think the marriage will stand. Be interested to hear what happens.

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HOLA444

So. frankly, I think the marriage will stand. Be interested to hear what happens.

I think so too.

The fact that your name is slightly different should make no difference I don't think.

Is this the same marriage certificate the registrar has? ( I was married in a register office so have no idea how the church bit works)

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HOLA445

Tsk should never ever ever ever in a million years get married anyway. It is a pointless relic of which there are almost zero benefits.

Quick joke

Q. Why does a bride smile when she's walking down the aisle?

A. She knows she's given her last blow job.

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HOLA446

My mate is splitting up from his wife and they are filing for divorce.

Now it's become apparent that his other half appears to have signed the marriage certificate in a slightly different way to what we think her name actually is, so in the registery at the Church it appears as mentioned below but obiviously as a females name.

So if your name is John Robert Smith, and when you get married you decide you quite like the name Mark and decide to have it on the name in the church as John Robert Mark Smith would you still legally be married?

Not 100% certain his wife doesn't have a birth certificate with the additional bit on, but if you added a bit onto your name like this or went with say John Mark Smith what would the legal standing of the marriage be in the eyes of the court?

I wondering if the marriage isn't legal and he can just have the whole thing annulled. Any opionions? Apart from don't get married in the first place.

Nice try! wish him every bit ofluck but as others say little chance of a cheap and quick victory.

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HOLA447

Tsk should never ever ever ever in a million years get married anyway. It is a pointless relic of which there are almost zero benefits.

Quick joke

marriage is sometimes described as what the bride sees as she enters the church...

aisle

altar

you.

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HOLA448
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HOLA449

IANAL. DYOR etc but the following points spring to mind:

i) English Law is very relaxed about your name - generally , you are what you are known as. If you want to call yourself something else you don't have to go through deed polls etc, you just do it (occasional problems with bureaucracy but nothing serious) NB as long as it's not for criminal purposes!

ii)English Law is similarly fairly relaxed about marriage technicalities - if you are into genealogy at all you'll know the weird and wonderful permutations of names that went on marriage certs - if the couple were illiterate the clergyman just had to take his best shot. I have a set of ancestors called Heaton and they pop up as Eaton, Eton, Keeton.....

iii) The objective of the legal ceremony is that the two people are freely marrying each other in public, and most other things are irrelevant (previous living undivorced spouses being an obvious exception!). There was a big hoo-haa a few years back when an unordained deacon(?) performed the marriage ceremony when the priest didn't show up; the ruling was that the two people were marrying each other and the church was just sanctifying it.

So. frankly, I think the marriage will stand. Be interested to hear what happens.

So if you turn up in court you can give any name you feel like on that particular day?

I'm amazed that in a bureaucratic world not having using your given name in a legally binding way doesn't matter. Considering the pettiness of this country I find this astounding.

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HOLA4410

So if you turn up in court you can give any name you feel like on that particular day?

I'm amazed that in a bureaucratic world not having using your given name in a legally binding way doesn't matter. Considering the pettiness of this country I find this astounding.

Women use maiden and married names all the time. Some women often use different names for dating. You can call yourself whatever you wish IIRC in the UK as long as you do not intend to deceive or use for criminal acts.

I am no legal expert. DYOR.

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HOLA4411

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