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Sham marriages

Postby Iolanthe Summers » Mon Mar 05, 2018 12:23 am

Hi. First time user so not sure if i'm doing this right but can someone please help me out with a question? I'm writing an essay on the differences between sham, arranged and forced marriages. I understand that a sham marriage is a lie so it is perjury but I don't understand what this means in Section 3 of the Perjury Act of 1911


*No prosecution for knowingly and wilfully making a false declaration for the purpose of procuring any marriage out of the district in which the parties or one of them dwell shall take place after the expiration of eighteen months from the solemnization of the marriage to which the declaration refers.*


Does this mean that someone can get away with a sham marriage if they've not been caught for 18 months? Does it just apply to the two getting married, or the vicar/registrar as well?
And what happens if they get married and live in the same district? (?county?)

Thanks for any explanations. Izzy ;)
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Re: Sham marriages

Postby dls » Mon Mar 05, 2018 6:21 am

Welcome.

Neither term is directly a legal one. A sham marriage involves people with have no intention of living together and have entered into the marriage for some different purpose. The 'sham' element might apply as to many of the elements. One party may be involed in several marriages using diferent names, or the celebrant may not be legally proper.

See
http://swarb.co.uk/sadovska-and-another ... -jul-2017/
(Sadovska)

The annotation for that case will be updated through today.

A forced marriage is one where either (or both) parties are not exercising free will. It is really a form of domestic abuse.
In one the parties are seen as perpetrators, in the other as victims
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Re: Sham marriages

Postby diy » Mon Mar 05, 2018 7:37 am

Also this :
https://www.gov.uk/government/uploads/s ... _clean.pdf

The focus is the benefit/gain that is obtain through the sham marriage,typically immigration status, but it might also be access to assets (e.g. a pension).
My suggestions are not legal advice
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