Navigating Job Background Checks: Should I Disclose My Ongoing Annulment?

Hey everyone,

I recently started a new job, and the background verification (BGV) company reached out with a query: Need relation details with "X" for further verification. In my job acceptance, I declared myself as married, and neither the HR nor anyone has asked anything as of now. The thing is, I’m currently in the process of an annulment with X, but I really don’t want to complicate matters with my employer by disclosing that right now. We never consummated our marriage; it was just a registry marriage, and no social marriage was ever done. I’ve answered them truthfully by saying that "X" is my legal spouse since the matter is still ongoing.

Does an ongoing annulment affect a background check?

Has anyone else dealt with something like this? Does an ongoing annulment or similar personal legal situation typically affect a background check or a new job (there are no criminal cases involved, and it's just a civil matter)? Should I proactively disclose the ongoing annulment to HR, or is it fine to just keep it simple and straightforward since they only asked for limited information?

Any advice, especially from those who’ve been through a similar experience or work in HR/BGV, would be really helpful. Thanks in advance!

Dear member,

Even though you voluntarily declared your relationship with 'X', it is still unclear why the BGV team is interested in knowing about this relationship. Background checks should be limited to professional activities, and the BGV team should not involve themselves in personal matters.

However, since you are married and likely have a marriage certificate from the relevant government agency, it is advisable to submit a photocopy of the certificate to the BGV agency for transparency. Whether you choose to provide further details about the ongoing annulment process is entirely up to you. If you decide to disclose this, simply state, "A case for annulment of marriage is in progress," without elaborating on the consummation of the marriage.

It seems from your post that you may be feeling guilty about your past marriage with X and are uncomfortable about questions regarding its nature. It's important to remember that marital issues are more openly discussed and accepted in 2025, so there is no need to feel regretful. You can make a truthful declaration without hesitation.

Lesson for HR Professionals

This post highlights how a new employee can feel anxious when asked for additional personal information by the BGV team without clear justification. It is crucial for HR professionals to empathize with new employees adjusting to the company's culture. While promoting concepts like emotional intelligence and mental wellness, HR should ensure that personal information shared with third-party teams like the BGV team is handled with sensitivity. The impersonal handling of information by HR has caused stress for the member, as evidenced in this post.

Thanks,

Dinesh Divekar

Hi Dinesh, Thank you so much for your kind reply. After the job acceptance, they asked about my marital status, and I said "Married," which I legally am. That's all. They never asked for my spouse's name, and none of my submitted documents had my spouse's name in them. But after two weeks, I got this email from a 3rd party BGV team asking for these details with the specific name "X" mentioned in it. I just informed the BGV that she is my legal spouse. At this stage, I have not disclosed that an annulment process is ongoing. I have attached the marriage certificate to the query email. If they ask for more information, I will provide it.

Thank you for being compassionate. Yes, somehow I have that guilt, and I am even more worried about whether it would affect my professional career. This is my first time experiencing such things, and this is my first job. I am waiting for their reply. I will update here on what happens next.

Thank you once again.

Dear member, when the BGV team asked you to disclose the relation with X, I wish you had asked them how they came to know the name of your spouse and why they need this information.

If you search for "privacy laws in India" on Google, you will find adequate information about it. The Honourable Supreme Court has declared that the right to privacy is a fundamental right, and why the BGV team wanted to violate it is not understood.

Privacy and Public Figures

Person none less than Prime Minister Shri Narendra Modi has been living separately from his wife for more than four decades. Earlier, he held an important constitutional office of Chief Minister. Now he is the Prime Minister of India. India is a free country and allows a person to become the Prime Minister even though his marriage is neither legally ended nor annulled.

Otherwise, look at a few other politicians. They have practiced bigamy without any pretensions or kept concubines. A few have a live-in relationship. But Indians do not question their sleazy activities and allow them to become lawmakers! By raising questions unrelated to the profession, the BGV team has given one more proof of how India is a country of hypocrites!

Advice to the Member

The information you provided is sufficient, and if the BGV team tries to be oversmart, it is high time for you to stop biting your nails. Be assertive and firmly tell them they cannot be nosy.

For the HR Professionals

I have mentioned the cause of this post in my previous reply. However, the second post of the poster brings out one more cause: how HR is unaware of the privacy laws or personal liberty in India. They need to understand where checking personal credentials ends during recruitment. Neither HR nor the BGV team can try to be moral police and introduce the checks as per their personal choice!

Thanks,

Dinesh Divekar

Hi, I completely understand your concern. Here's some clarity:

Your personal relationship status generally has no bearing on your employment or the background verification (BGV) process unless your marital status is explicitly tied to your employment contract (which is very rare).

You have already acted appropriately by declaring your marital status truthfully as per the legal facts at the time. Since the annulment process is still ongoing, there's no requirement for you to disclose this to your employer unless they specifically ask or unless it impacts your employment records.

For now, focus on your work without worrying. Once the annulment is finalized, you can update your personal records with the company if necessary, such as for nominee designations under EPF, gratuity, or other benefits.

You're handling this the right way, so there's no need to stress further.