Declaration Of Marriage
TO THE HONORABLE COURT
PLAINTIFF:
ATTORNEY:
DEFENDANTS:
SUBJECT: Our Request to Prevent the Marriage of the Defendants.
EXPLANATIONS: 1-We request the prohibition of the marriage of our client, who is newly divorced, to the defendant ……. with the other defendant …….
2-The defendants ……. and my client ……. were divorced by the decision of the Civil Court of First Instance dated ……. and numbered ……. The divorce decree was served to the parties and became final as it was not appealed.
3-The defendant was married to our client and, while the divorce proceedings were ongoing, mentioned to mutual friends that she was pregnant with our client’s child. Due to the tension surrounding the divorce, she did not mention this to our client.
4-As the divorce was amicable, it took place and became final in a very short time. Our client learned later that his ex-wife was pregnant. We have now learned that the defendant is about to remarry.
5-The defendant’s marriage in this situation could cause confusion regarding the paternity of the child to be born. We request that the defendant, who is pregnant with our client’s child, be prohibited from marrying during the waiting period.
LEGAL GROUNDS: MK.m.93 et seq., 103, 104.
EVIDENCE: Population records, divorce file.
RESPONSE PERIOD: 10 days.
CONCLUSION: For the reasons stated, the marriage between the defendants should be prohibited. Considering that our client’s former spouse is pregnant, a provisional measure should be issued to prevent the marriage contract until the end of the trial. The defendant should bear the costs of the trial. We request that the opposing party’s attorney’s fees be awarded to us as attorneys, in accordance with the last paragraph of Article 164 of the Attorney Law No. 1136, as amended by Law No. 4667.
PLAINTIFF’S ATTORNEY