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socool007
20th September 2009, 15:19
Hello all, i have posted a similar thread to this before but still none the wiser. Can someone please tell me what i need to do to become single again... am i right in saying that i should get a divorce in the UK? We have been married for one year and the wedding was in Davao, will the llegal need to contact her?
Salamat :)

Florge
20th September 2009, 16:17
you're a British citizen right? You can get a divorce there... once done, your wife will have to report the divorce and seek a court decree so that she can legally marry here as well...

The Supreme Court of the Philippines had noted three basic legal premises related to this matter:

1. “A divorce obtained abroad by an alien married to a Philippine national may be recognized in the Philippines, provided the decree of divorce is valid according to the national law of the foreigner.”

2. “The reckoning point is not the citizenship of the divorcing parties at birth or at the time of marriage, but their citizenship at the time a valid divorce is obtained abroad.” In other words, a divorce decree is valid even if the party who secured it was originally a Filipino or later reacquired Filipino citizenship, as long as he/she is a non-Filipino at the time that the divorce was secured abroad.

3. “An absolute divorce secured by a Filipino married to another Filipino is contrary to our concept of public policy and morality and shall not be recognized in this jurisdiction.”

The existence of a valid divorce decree, however, does not automatically entitle the Filipino to remarry in the Philippines. As noted above, the foreign divorce decree must be judicially recognized in the Philippines. This means that the proper action or petition must be filed in a Philippine court.

The divorce decree must be proven, just like any fact, in court. The presentation of only the divorce decree is insufficient. Proof of its authenticity and due execution must be presented. This necessarily entails proving the applicable laws of the jurisdiction where the foreigner-spouse (who could be a former Filipino) is a national.

source: http://jlp-law.com/blog/judicial-recognition-of-a-foreign-divorce-decree/

jaishann
21st September 2009, 00:10
Hello all, i have posted a similar thread to this before but still none the wiser. Can someone please tell me what i need to do to become single again... am i right in saying that i should get a divorce in the UK? We have been married for one year and the wedding was in Davao, will the llegal need to contact her?
Salamat :)

Have you lived together at all? or after the wedding she was left there in Davao and you're back to UK.

Let me tell you a story when I applied for fiance visa a woman called Ana was applying for Spouse Visa she is from Cagayan de Oro, we were both refused. After few months the ECO's decision on mine was overturned as I was able to present the docs they wanted at the time i was refused. Ana was not very lucky she applied for appeal (was heard in UK by her husband/sponsor), was not succesful either. The husband got bored he cant wait anymore he applied for divorce instead all the docs were sent to Ana (she signed, no choice ehh) in Cagayan de oro , and now HE IS FREE .(what a vow!)

socool007
21st September 2009, 20:17
Yes we haved together in the uk

sunshine
22nd September 2009, 11:17
Have you lived together at all? or after the wedding she was left there in Davao and you're back to UK.

Let me tell you a story when I applied for fiance visa a woman called Ana was applying for Spouse Visa she is from Cagayan de Oro, we were both refused. After few months the ECO's decision on mine was overturned as I was able to present the docs they wanted at the time i was refused. Ana was not very lucky she applied for appeal (was heard in UK by her husband/sponsor), was not succesful either. The husband got bored he cant wait anymore he applied for divorce instead all the docs were sent to Ana (she signed, no choice ehh) in Cagayan de oro , and now HE IS FREE .(what a vow!)


What a sad story:NoNo: He gave up just like that, They could have applied again and submit fresh documents.

pumpkins
22nd September 2009, 11:22
Have you lived together at all? or after the wedding she was left there in Davao and you're back to UK.

Let me tell you a story when I applied for fiance visa a woman called Ana was applying for Spouse Visa she is from Cagayan de Oro, we were both refused. After few months the ECO's decision on mine was overturned as I was able to present the docs they wanted at the time i was refused. Ana was not very lucky she applied for appeal (was heard in UK by her husband/sponsor), was not succesful either. The husband got bored he cant wait anymore he applied for divorce instead all the docs were sent to Ana (she signed, no choice ehh) in Cagayan de oro , and now HE IS FREE .(what a vow!)

obviously he just want to bring his girl to UK for regular :Sex: not because of love:NoNo:

gWaPito
22nd September 2009, 12:51
obviously he just want to bring his girl to UK for regular :Sex: not because of love:NoNo:

Oh dear Pumpkins, I'm not sure what to make of that :cwm12:

triple5
22nd September 2009, 12:53
obviously he just want to bring his girl to UK for regular :Sex: not because of love:NoNo:

What makes you say that?

gWaPito
22nd September 2009, 13:04
What makes you say that?

If he loved her, he would of waited so, if it wasn't love I wonder what it was?
May be he some pressing chores what needed attending to, who knows.

What we do know is, he couldn't wait.

triple5
22nd September 2009, 13:09
sorry, my bad, I thought you were reffering to socool007, not the person in jaishanns post :doh

LEAHnew
22nd September 2009, 23:29
Hello all, i have posted a similar thread to this before but still none the wiser. Can someone please tell me what i need to do to become single again... am i right in saying that i should get a divorce in the UK? We have been married for one year and the wedding was in Davao, will the llegal need to contact her?
Salamat :)

As mentioned to your previos thread you can get DIVORCE HERE IN UK.

1. filling a form called "PETITION"(form-D8) and taking it into any divorce country court
2. make sure you have the original marriage certificate
3. you've been married for more than one year
4. you must be able to prove to the court that you have reasons (or “grounds”) for saying the marriage is at an end. The expression the court will use is that the marriage has “irretrievably broken down”.
The court will accept one or more of the following “facts” as proof:
• that your husband or wife has committed adultery and that you find it intolerable to live with him or her;
• that your husband’s or wife’s behaviour has been so bad that you can no longer bear to live with them;
• that your husband or wife deserted you at least two years ago;
• that you and your husband or wife have lived apart for at least two years and he or she agrees to a divorce; or
• that you and your husband or wife have lived apart for at least five years

I guess the legal court will contact her but expect additional cost of it:NoNo::doh, I can feel the stress coming into you:doh
for further details please check this link
http://www.hmcourts-service.gov.uk/courtfinder/forms/d183_e.pdf

Goodluck..in the end of the tunnel there's a .....:Erm::Erm:Train :D:Cuckoo:....LIGHT i mean:xxgrinning--00xx3: