# Urgent Help : Marriage of convenience



## timdla (Apr 4, 2015)

Hello guys,

Please help, I am a South African man married to a Nigerian woman. We have been married for 2 years and been together for 6 years. We have two children together. Our relationship started falling apart after our marriage. We are kind of separated, although we share the same house we no longer share the same room. She has a work permit and has been working for the last 4 years or so. 

My problem is that after our marriage I realised a change of personality from her and hence the separation. She is now someone completely different to the person I met, she is full of pride and often leaves me alone taking care of our children. She currently has her own life and I have my own. The reason why we haven't divorced is because she is currently awaiting an application for permanent residency. I've been helping and supporting her because of our two children to obtain her permanent residency but I am starting to believe this was her plan from the beginning. 

Anyway a friend of mine told me about marriages of convenience and I started getting worried. After searching around I've realised I could be in a marriage of convenience as when she submitted her permanent residency application we were already separated. Now I've found out that I could be sent to jail for aiding and abeting in a marriage of convenience and I'm so scared. When I approached my "wife" she laughed it off and told me if I knew what's best for me I should just keep quiet. 

I honestly don't want to believe that my "wife" is capable of such things considering the two beautiful children we have but I feel I'm trapped in a situation I didn't see coming. Some of my friends say I should report my situation just to be safe but the problem is that I willingly helped her apply for permanent residency knowing very well we were separated. Some say I should let it go and move on with my life but if DHA finds out then I will have to answer.

Please anyone with information about such a scenario please help, I'm really lost right now. 

Thank you.


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## Skilled (May 10, 2011)

This is very bad. 

Anyway, whether you do something about it or not, her PR (if approved and it's a spousal one) will only remain valid if there is still a marriage. If you divorce within 2 years of her getting the PR, the home affairs will cancel her Permanent Resident. This does not even require you to report because divorces are handled by Home affairs themselves and they will easily see the matter. This is only if she got a spousal PR. If it is not, then it may not be a marriage of convenient and a divorce will go through with her retaining her papers. 

Either way, you will not be arrested for this as it seems you are a victim. Separation is different from divorce. You helped her because she is still legally your wife. That is not an offense. You have two kids and they are South African citizens and they would want to always be with the mother. However, you are in a difficult situation and a very dangerous one too.

You can only move on after divorcing this woman or after a reconciliation. If you just move on without a proper divorce, things will eventually get nasty and she will be still your wife legally and entitled to your investments. So your only options are:

(a) divorce
(b) reconcile 

The choice is yours. Good luck.


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