My marriage is in two weeks. I am not very happy with the marriage as I am having problems with my boyfriend (to be husband) and in laws. I have a baby with my boyfriend and that’s why I want to give this marriage a chance and since I have the baby my parents also suggest to get married. One day what happened was that I was chatting with a lawyer regarding the consequences and repercussions of divorce and what happens in Restitution of conjugal rights proceedings and my boyfriend saw the chat. He knows that I was looking at divorce as an option even before getting married to him. But honestly I did that because he was asking me about prenup the same day whether or not I was willing to sign one and my mother in law was saying things like your life will change after marriage plus my unhappiness. My boyfriend asking about prenup, my mother in law saying scary things about life after marriage and me being unhappy as of now living in my in laws house - these were the reasons I was inquiring a lawyer about how assets are divided in divorce, grounds for divorce and Restitution of conjugal rights. Now my question is that if divorce or Restitution of conjugal rights petition is filed can my boyfriend say in court that I was taking to a lawyer even before marriage and I had planned it all to leave his house or divorce him from before in fact that I did marriage fraud. In reply to that I will say that even though I was unhappy I was willing to give this marriage a chance for the baby and my parents sake. I was talking to a lawyer only to be more informed about divorce and Restitution of conjugal rights proceedings in case things don’t work out even after marriage. Is this marriage fraud consulting a lawyer about this and can I go to jail? Is marriage fraud a non-bailable offence? And can the court say to bring that lawyer I was chatting to in court and ask him questions?
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1) there is no harm in consulting lawyer before marriage
2) it does not amount to fraud . You are entitled to seek legal opinion as to divorce , other issues so that you are aware of your rights
3) if your fiancée can ask you to sign pre nuptial agreement drafted by lawyer ypu can also consult lawyer
4) you won’t go to jail
- You have your right to contact a lawyer to know in advance the laws related to marriage and matrimonial disputes, and it cannot be a ground for refusal to marry or for divorce before the court.
- Further, it is not an offence and hence the court cannot ask for calling the said lawyer or to produce the chattings.
No it can’t.be taken a ground you can file your case without fear
Taking tips and cues about future events that may or may not happen, is not a wrong thing or an illegal act.
You first decide if you want to go ahead with the proposed marriage or going snap the ties with him permanently.
Since you have a baby (or perhaps you are yet to deliver), it would be better that you bury the differences and try to live with him in marital relationship at least for the sake of yor child.
Consulting a lawyer about the future legal issues is not a crime neither you are restricted from consulting a lawyer for proper knowledge about your legal rights post marriage, it is your life hence taking precautionary measures is your right.
Dear Client,
Getting legal counsel prior to getting married is not always a sign of marital fraud, especially if your mother-in-law and boyfriend have expressed concerns. Speaking with a lawyer about restitution of marital rights and divorce suggests an informed intention as opposed to dishonest intent. If your boyfriend brings up these discussions in court, providing the background information could demonstrate your sincere worries and goals. In order to comprehend the particular laws in your jurisdiction, possible outcomes, and the best course of action, it is imperative that you speak with a family law attorney. Legal conversations prior to marriage are usually not regarded as fraudulent, but you should always get situation-specific legal advice.
