Fiance Has Just Found Out Her Previous Marriage Of 10 Years Wasn't Lawfully Carried Out Compensation Querie

[Hadituptohere]

Hi to anyone that can help

 

My Fiance and I have been awaiting her Decree Absolute to arrange our wedding and it has come to light that her previous marriage of 10 years wasn't lawfully carried out due to an administration error of the Registry Office.

 

We have been told her case is to be heard before a DJ this week to confirm that the marriage wasn't legal, and that the registry office will send out a form to complete regarding compensation that will go before a DJ to award compensation accordingly.

 

Does anyone know how much compensation is awarded in these matters and what can be taken into consideration at all??

 

Many thanks

 

 

Hadituptohere

[obiter dictum]

Difficult as i take it we are talking about divorce settlement.

 

Depends if the previous marriage was unlawful through deliberate fraud or an administrative error

 

Was that administrative error De minimis overall?

 

That aside the judge will still consider the couple together as a common law partnership, even though that only applies to same sex couples and not hetrosexual. Even that legislation i believe is not retrospective.

 

Also depends if any children were involved in the first marriage as well

 

I would not want to be the judge to sort this one out

[unclebulgaria67]

Can't see the compensation being much, unless evidence of the consequential losses have been provided. I wonder how this affects many things, where it was presumed they were married e.g state pensions, life insurances, investments etc.

[Hadituptohere]

My thoughts too there's always Married Tax code..

 

Hadituptohere

[Hadituptohere]

Orbiter the divorce settlement has all been sorted, only on waiting for the decree absolute the marriage has been found to be unlawful due to the registrars administration error at that time 10

Years ago and compensation is due to the registrars error, not actual divorce proceedings

 

Hadituptohere

[obiter dictum]

But the divorce settlement would have been settled as though they were married in a civil court. Getting wed is a civil ceromony, be it in a church or registry office. The divorce settlement is a civil proceeding.

 

This mght not be as simple as first thought

 

No mention either if children are involved with the first marriage

[Hadituptohere]

There are no children between my fiancé and her ex, but her ex two children that she brought up over the 10 years.

 

Hadituptohere

[Hadituptohere]

Sorry if I seem to be thinking this is to easy, we're just going of what the registry office has led us to believe.. Hence our enquiry

 

Hadituptohere

[steampowered]

I don't think you would usually get compensation by completing a form. It sounds unlikely. You'd normally only get compensation by opening a civil claim against the organisation that got it wrong.