Annulment

[dan]

Hello,

i have looked through your info but could not clearly see what i was looking but forgive me if its there already.

If a UK citizen marries a filipino in the Philippines but then the marriage does not work out is going down the line that one of the parties has Phycological problems with proof the only real way of getting an annulment?

I want an annulment but still have the option of getting married in the Philiipines sometime in the future.

If it was possible to get a divorce in the UK will it mean that i could not get married in the Philippines? If i cannot can i marry a Filipino in another country?

Sorry for all the questions..

dan

[eljean]

Hello,

i have looked through your info but could not clearly see what i was looking but forgive me if its there already.

If a UK citizen marries a filipino in the Philippines but then the marriage does not work out is going down the line that one of the parties has Phycological problems with proof the only real way of getting an annulment?

I want an annulment but still have the option of getting married in the Philiipines sometime in the future.

If it was possible to get a divorce in the UK will it mean that i could not get married in the Philippines? If i cannot can i marry a Filipino in another country?

Sorry for all the questions..

dan

What is the effect of Divorce on the Philippine marriage?
There are instances when a foreigner (alien) is married to a Filipino in the Philippines, who would subsequently secure divorce in their country (e.g. US) . The question is what would be the effect of the divorce to the Filipino spouse.
Second par. Art. 26 states

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall likewise have capacity to remarry under Philippine law.


This is so to prevent injustice on the part of the Filipino spouse. Had the rule been otherwise, then the Filipino spouse would continue to be married to the alien who is already legally free to marry again based on his or her national law.

This might seem obvious but what actually happened is that this provision was not originally approved by the Civil Code Revision Committee. After President Aquino have signed the Family Code, this provision was presented in the Cabinet Meeting and was approved so, the President promulagated Executive Order No. 227, which includes the second paragraph of Art. 26.


So, even if divorce is not allowed in the Philippines, but because the alien spouse secured one from his/her country, then, such divorce is recognized here in the Philippines and would have an effect of capacitating the Filipino spouse to marry again.
posted by Atty. Magdalena Lepiten at 6:36 AM 0 comments

Thursday, May 05, 2005
A foreigner, married to a Filipina in the Philippines wants to get out of marriage
As a foreigner, you are bound by your national laws in relation to marriage, status and other personal circumstances. Since in the US, divorce is allowed, the foreigner can pursue divorce in the US and secure a decree of divorce there. This decree of divorce will be recognized here in the Philippines by submitting said decree to the local civil registrar.
But another option is filing an annulment or nullity of marriage here in the Philippines. The court will take cognizance of such case as long as it can be shown that the foreigner has residence here in thePhilippines. (Note: Establishing residence in thePhilippines is not difficult and mere allegation in the complaint is usually sufficient for the court to take cognizance of the case). The residence of the foreigner here in the Philippines is crucial because it is the venue of the court of where he shall file the case or the venue can be the place where his spouse is residing. The venue of the case is at the option of the party filing the case - in the petitioner's resident or the respondent's residence. Take note that the place to file the petition is not the place where the marriage was celebrated, but, most of the time the place where the party filing or the petitioner is residing. After the court would have acquired jurisdiction of the petition for annulment or nullity of marriage, the foreigner would have to testify in court, which needs personal appearance.
There is no divorce in the Philippines and there is no"uncontested" divorce where parties would just agree to part ways. The law specifically prohibits collusion between the parties. Because of this, testimony and evidence would have to be presented in Court to show that the petitioner is entitled to annulment/nullity of marriage, even if there is no opposition to the respondent.

[dan]

What is the effect of Divorce on the Philippine marriage?
There are instances when a foreigner (alien) is married to a Filipino in the Philippines, who would subsequently secure divorce in their country (e.g. US) . The question is what would be the effect of the divorce to the Filipino spouse.
Second par. Art. 26 states

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall likewise have capacity to remarry under Philippine law.


This is so to prevent injustice on the part of the Filipino spouse. Had the rule been otherwise, then the Filipino spouse would continue to be married to the alien who is already legally free to marry again based on his or her national law.

This might seem obvious but what actually happened is that this provision was not originally approved by the Civil Code Revision Committee. After President Aquino have signed the Family Code, this provision was presented in the Cabinet Meeting and was approved so, the President promulagated Executive Order No. 227, which includes the second paragraph of Art. 26.


So, even if divorce is not allowed in the Philippines, but because the alien spouse secured one from his/her country, then, such divorce is recognized here in the Philippines and would have an effect of capacitating the Filipino spouse to marry again.
posted by Atty. Magdalena Lepiten at 6:36 AM 0 comments

Thursday, May 05, 2005
A foreigner, married to a Filipina in the Philippines wants to get out of marriage
As a foreigner, you are bound by your national laws in relation to marriage, status and other personal circumstances. Since in the US, divorce is allowed, the foreigner can pursue divorce in the US and secure a decree of divorce there. This decree of divorce will be recognized here in the Philippines by submitting said decree to the local civil registrar.
But another option is filing an annulment or nullity of marriage here in the Philippines. The court will take cognizance of such case as long as it can be shown that the foreigner has residence here in thePhilippines. (Note: Establishing residence in thePhilippines is not difficult and mere allegation in the complaint is usually sufficient for the court to take cognizance of the case). The residence of the foreigner here in the Philippines is crucial because it is the venue of the court of where he shall file the case or the venue can be the place where his spouse is residing. The venue of the case is at the option of the party filing the case - in the petitioner's resident or the respondent's residence. Take note that the place to file the petition is not the place where the marriage was celebrated, but, most of the time the place where the party filing or the petitioner is residing. After the court would have acquired jurisdiction of the petition for annulment or nullity of marriage, the foreigner would have to testify in court, which needs personal appearance.
There is no divorce in the Philippines and there is no"uncontested" divorce where parties would just agree to part ways. The law specifically prohibits collusion between the parties. Because of this, testimony and evidence would have to be presented in Court to show that the petitioner is entitled to annulment/nullity of marriage, even if there is no opposition to the respondent.

Thank you so much for all your time and help.

I have one more question, do you know if i can contact a lawyer in the UK if i am living in the Philippines and sort a divorce out from here?


dan

[tiger@tigress]

Thank you so much for all your time and help.
I have one more question, do you know if i can contact a lawyer in the UK if i am living in the Philippines and sort a divorce out from here?
dan

Yes there are lots of good lawyer here i you need help...:xxgrinning--00xx3:

[dan]

Yes there are lots of good lawyer here i you need help...:xxgrinning--00xx3:

Ok thanks for that i did not realise that i could sort a divorce out while in the Philippines.

Do you know any good lawyers and have you any idea of the cost of paying for a divorce?

[tiger@tigress]

Ok thanks for that i did not realise that i could sort a divorce out while in the Philippines.
Do you know any good lawyers and have you any idea of the cost of paying for a divorce?
Yes i know a good lawyer i will refer you if u want to.

[KeithD]

Cheaper to get a family member to get the papers from the court, you can do it for £100.

[dan]

Cheaper to get a family member to get the papers from the court, you can do it for £100.

Hello can you explain a bit more please...

Can i just ask you to confirm also as you are the owner of the site that i can get the divorce in the UK while here and that both parties are free to marry in the future.

Thanks

[KeithD]

Is the SEARCH broke? :doh

http://www.hmcourts-service.gov.uk/infoabout/divorce/index.htm

http://www.terry.co.uk/DIY_divorce_England.html

[marivic2you]

Hi Dan

An annulment can only be issued in the case of the marriage not having been consummated, however if you was the one with the phyco problems and you kept it hidden from her, then this may well be accepted, especialy if you kept a hidden drug use or criminal past, but it would have to be your partner who wishes to accept your divorce, if she is still under immigration restrictions, this might not affect her stability.

If it was your partner who hid the truth it could be accepted as you didn't know and it may affect her immigration outcome.

Anyone who is legaly divorced and has the usual document showing peddiment is allowed to marry.ecause of grounds of phycological problems.

Information below will give you more information on annulments.

http://en.wikipedia.org/wiki/Annulment#Grounds_for_annulment


To be hoest, its unlikely the embassy will know if your marriage ended because of phycological problems.

A very good solicitor below will help

Arani and Co Solicitors
43A South Road
Southall
Middlesex
0208 8935000


Hello,

i have looked through your info but could not clearly see what i was looking but forgive me if its there already.

If a UK citizen marries a filipino in the Philippines but then the marriage does not work out is going down the line that one of the parties has Phycological problems with proof the only real way of getting an annulment?

I want an annulment but still have the option of getting married in the Philiipines sometime in the future.

If it was possible to get a divorce in the UK will it mean that i could not get married in the Philippines? If i cannot can i marry a Filipino in another country?

Sorry for all the questions..

dan

[Mrs Daddy]

Its not a happy ending then?:bigcry:

[singkit]

:bigcry:in simple english... what is psychological incapacitated? :bigcry:

[KeithD]

http://filipinaroses.com/showthread.php?t=2398&highlight=annulment