3 months notice of intention to marry

Just Jack

I am 66 years old and intend to marry my 46 years old foreign national partner. However my ex from whom I have been legally separated since 1989 is unreasonable, and is doing everything she can to delay . What are my chances of having the 3 months notice requirement set aside if I go to the courts? Do I need a solicitor and if so what would be approximate cost.

dermot_sheehan

If you are legally seperated from your ex but not divorced, you are still married to her and need to be divorced. The three month notice requirement does not come into play until you are divorced.

Once divorced you can give notice of intention to marry to the register, you can apply to the circuit court or high court to have the three month period lifted but only for good reason.

Just Jack

gabhain7 wrote: »

If you are legally seperated from your ex but not divorced, you are still married to her and need to be divorced. The three month notice requirement does not come into play until you are divorced.

Once divorced you can give notice of intention to marry to the register, you can apply to the circuit court or high court to have the three month period lifted but only for good reason.

Sorry, I had meant to include that I have started divorce proceedings and was disappointed to discover that the 3 months notice would only start when actual Decree absolute was submitted. What might the court consider good reason?

Our man in Havana

What might the court consider good reason?

One of the parties is gravely ill and close to death. That is the only one I can think of at the moment.

If you want to get married quickly, go to Northern Ireland or the UK.

seamus

If you've had the wedding booked (i.e. deposits paid and all that) for a good long time in the expectation that your divorce would be finalised well in advance of the marriage, but your ex has been unreasonably dragging the proceedings out in order to intentionally disrupt your wedding, then the judge may accept that (though avoid blaming it all on your ex! )

However if you're looking to get a quick wedding just because you like the date or because you didn't start the divorce proceedings in a reasonable timeframe (I would say 18 months before the planned marriage date), the judge may turn you down.

It's a matter for each individual judge really.

dermot_sheehan

Our man in Havana wrote: »

One of the parties is gravely ill and close to death. That is the only one I can think of at the moment.

If you want to get married quickly, go to Northern Ireland or the UK.

I would advise against doing this as a NON-EU citizen needs to enter the UK on a fiancee visa or else get the written consent of the UK Border Agency before they can contract a marriage in the United Kingdom.

Our man in Havana

Didn't know that. This would mean non EU citizen?

Just Jack

thanks to all, Thankfully we are both in good health, and I would not like to complicate things by travelling to the UK. We will just wait. I can understand why you cannot marry without the final divorce papers, but not for notice period to start. thanks again for your helpful comments.

amdublin

Just Jack wrote: »

thanks to all, Thankfully we are both in good health, and I would not like to complicate things by travelling to the UK. We will just wait. I can understand why you cannot marry without the final divorce papers, but not for notice period to start. thanks again for your helpful comments.

Because you cannot give notice to marry when you are married already.

What's not to understand.

Just Jack

amdublin wrote: »

Because you cannot give notice to marry when you are married already.

What's not to understand.

I understand cannot marry if already married, but not cannot give notice of intention to marry,Nonsense

Tom Young

Being married multiple times has a name. It might be classed as polygamy! These conditions are in being for a reason.

Edit:

3. Under common law polygamy is not lawful in Ireland. That is to say, a marriage contracted in Ireland is monogamous or it is not a valid marriage. A person so married who partakes in a valid ceremony of marriage while the first marriage is still subsisting, will commit the crime of bigamy.

4. Irish law on polygamy is, reputedly, as set out by Lord Penzance in Hyde v Hyde and Woodmansee [1886] LR 1 P&D 130 where marriage was defined in these terms (at 133):

I conceive that marriage, as understood in Christendom, may for this purpose be defined as the voluntary union for life of one man and one woman, to the exclusion of all others.

And at p. 138 he said..

This court does not profess to decide upon the rights of succession or legitimacy which it might be proper to accord to the issue of the polygamous unions, nor upon the rights or obligations in relation to third persons which people living under the sanction of such unions may have created for themselves. All that is intended to be here decided is that as between each other they are not entitled to the remedies, the adjudication or the relief of the matrimonial law of England.

5. In that case the husband had petitioned for the dissolution of a Mormon marriage (permitting him to take more than one wife). His claim for matrimonial relief was rejected. (Neither party had contracted a second marriage; the objection was to the fact that the marriage was potentially polygamous).

6. Of course there have been very significant changes in the law of Britain and Ireland since the judgment in Hyde v Hyde. Each jurisdiction has made provision for divorce. Thus, a modern marriage in either jurisdiction does not conform to Lord Penzance’s definition of a marriage. It is very likely, on a proper interpretation of Hyde v Hyde that it cannot, by that token alone, be declaratory of the law in Ireland.

Quotation and link from McGarr Solicitors website: http://www.mcgarrsolicitors.ie/2007/08/10/muslims-in-ireland/

seamus

Just Jack wrote: »

I understand cannot marry if already married, but not cannot give notice of intention to marry,Nonsense

The notification process involves the registrar checking whether you are legally entitled to be married in the state. Since you're not, then it kind of falls at the first hurdle.

The actual declaration at the marriage ceremony isn't necessarily done by a state registrar, so they can't just take your word for it that you will be legal by the time the wedding date comes along.

FreudianSlippers

Just Jack wrote: »

I understand cannot marry if already married, but not cannot give notice of intention to marry,Nonsense

IMO the whole situation is more to do with the legal stringency relating to divorce rather than the marriage itself.

Bloody stupid (the whole situation) if you ask me!

Tom Young

FreudianSlippers wrote: »

IMO the whole situation is more to do with the legal stringency relating to divorce rather than the marriage itself.

Bloody stupid (the whole situation) if you ask me!

Divorce, Judicial Separation, Separation Agreements, Succession, Probate, Matrimonial Causes, property rights, pension orders, etc. To name but a few.