Illegal Marriage?

[mondee]

If someone marries using a false identity is this marriage legal under English Law?

[-SharonA-]

This is fraud and therefore I assume the marriage is not valid.

[EDDIE51]

No, the marriage is void and a criminal act has been carried out.In some cases people have gone to jail for it.

[Buenchico]

I'm not sure that I necessarily agree with the answers above. It depends upon what is meant by 'a false identity' (and possibly upon why it was assumed).

In the country anyone is free to use whatever name they choose, whenever they like. So, for example, I can call myself John Smith tomorrow morning (and legally sign documents in that name). Tomorrow afternoon I can call myself Herbert Bloggs up until tea-time, and Esmerelda Twistleton later on. By mid-evening I could call myself Prince Amorous Loony the Third, finishing the day as The Giant Yeti.

As long as I'm not seeking to defraud anyone (by, for example, seeking to cash a stolen cheque having just changed my name to the one on the cheque) I can use those names, and any others I choose, for all legal purposes, including signing contracts (including a contract of marriage).

So the simple fact that someone decided to use a different name to their usual one when getting married couldn't invalid that marriage.

[tamborine]

https://en.m.wikipedia.org/wiki/Name_change

"...In theory anyone who is at least 16 and resident in the United Kingdom can call themselves whatever they wish. However, over the past hundred years or so, formal procedures that are recognized by record holders such as government departments, companies and organizations have evolved, which enable a citizen legally to change the name recorded on their passport, driving licence, tax and National Insurance records, bank and credit cards, etc., provided that "documentary evidence" of a change of name is provided. Documents such as birth, marriage and educational certificates cannot be changed because these documents are "matters of fact", which means that they were correct at the time they were issued...."

It is fraud unless there is documentary evidence.

[EDDIE51]

^^ Chris,I assume a 'false identity' means one they are not entitled to use.
So it would void the marriage. Anyway you have to prove your identity before marriage by producing your birth certificate or other ID.So using a forged or stolen ID would be fraud anyway ?
You can not just turn up at the registry office and use a name you thought up as you walked from the car park,which is what you seem to be suggesting !

[Buenchico]

Providing false information is NOT, per se, illegal.

It only becomes fraud when the intention is "(i) to make a gain for himself or another, or (ii) to cause loss to another or to expose another to a risk of loss".
[Section 2(1), Fraud Act 2006]

[EDDIE51]

I am still certain that a marriage made using a false ID would be void and therefore illegal. You could change your name by deed poll just before the marriage ( I actually knew someone that did this) but you need to produce the original birth certificate or ID and the deed poll documents.

[THECORBYLOON]

CHRIS whilst I agree anyone can use any name as long as it is not fraudulent, how would you prove you were of age to be legally married if you had no documents in your newly assumed name?

[Mamyalynne]

Obviously if done to deceive then it would be illegal.

However you can get married using another name as long as you provide proof of your original identity - my late husband is on our Marriage Certificate with an AKA in brackets.

[EDDIE51]

^^Mamyalynne Yes that is what happened to the person I knew who changed his name by deed poll a few days before the marriage. Both names were on the certificate the original in brackets aka ***** ******

[Caran]

I changed my name by deed poll two years before I got married. This was because we lived together for a few years before we got married.
The most difficulty I had was getting a passport.
I had to produce birth certificate, marriage certificates, divorce certificates and deed poll certificate.

[Buenchico]

Despite all of what has been written above, the answer to the original question remains 'Yes, the marriage is valid'.

The person who used a false identity remains legally married to the other party. The Marriage Act 1949 includes various conditions under which a marriage is automatically deemed void but none of them relate to the identity of a participant. If the other person was deceived into the marriage, through the adoption of a false identity by their partner, they might well have good reason to apply to a court for an annulment of the marriage but, until such annulment(or a divorce) is obtained, the marriage remains valid.

[EDDIE51]

OK Chris after a bit of Googling I accept that you are correct. But at present the main reason (over 90% of cases) for using a false name to marry is to get clearance to remain in the UK for an immigrant who has no legal reason to be here. Because of this there is a new category of offence , the 'sham marriage' if a marriage is deemed to be a 'sham' it can be rescinded and the right to remain in the UK is lost. The other party is guilty of an offence and there is a possible jail sentence.

[EDDIE51]

Here is the legislation,sorry there is 72 pages but it is all in there.
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/256257/Sham_Marriage_and_Civil_Partnerships.pdf
This is in addition to the 1949 Marriage act, as such a situation was not thought of back in 1949 !

[Peter Pedant]

Marriages are either valid or
void, or voidable
http://www.lawyerment.com/library/kb/Families/Marriage/1030.htm

voidable is when the intervention of one party in this case the one without the false identity renders it void. The children remain legitimate whatever

I am not sure this marriage is voidable to be honest

I assume false identity is not John Smith going as Jon Smyth ?
I think that is valid always