What is a sham marriage?

A sham marriage (also known as a marriage of convenience) is where a couple have entered into a legal marriage but there is no genuine relationship between the parties. The motivations for entering a sham marriage most commonly include benefits relating to immigration status or inheritance, for example. 

There are various criminal offences that may be committed by entering a sham marriage, including facilitating others to enter the UK illegally, bigamy and perjury. The Home Office may investigate marriages that are suspected of being a sham, for example if one of the parties to the marriage is not a UK national. If the marriage is found to be a sham, the Home Office may not allow the party to enter or remain in the UK. The parties may also face criminal charges. 

If a sham marriage has taken place, it will be valid, despite the parties’ ulterior motives, unless there is another reason for the marriage to be declared void or invalid. 

A marriage may be void if the parties are too closely related, either party is under the age of 18, the required formalities, such as the publishing of the marriage banns, are not properly complied with, or one of the parties is already married (bigamy).  

A sham marriage may also be voidable if it is not consummated or either of the parties did not consent to the marriage, for example. 

A marriage may also be invalid if the parties have a non-qualifying ceremony. This is often a religious marriage that does not comply with the requirements for a marriage in England and Wales.

It is important to understand whether a marriage is valid or not as this may have important consequences on inheritance and tax rights, the financial remedies available on divorce, and parental responsibility. 

For more information on any of the issues raised in this article, please contact Rebecca Curran, Paralegal in the Family Law Department at SE-Solicitors at rcurran@se-solicitors.co.uk.