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2nd July 2012 #1
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Can I file for a divorce in the UK?
I'm a Filipina and my British husband and I got married in Thailand last year. I discovered when I came for a visit that my husband has another woman. Can I file for a divorce in London and what are the conditions that I should meet to be able to file for a divorce?
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2nd July 2012 #2
- Join Date
- Jul 2005
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- Pangasinan
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Well my Filipina ex did....after I discovered that she had another man here...plus the one or maybe two in the Phils.
I don't know the details though... just glad she paid for it.
I hope all works out ok for you....and welcome to the forum !
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2nd July 2012 #3
- Join Date
- Apr 2012
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In principle, yes you can, assuming that you have established residency here.
However I notice that you say "When I came for a visit" which makes me think that you may not have residency in the UK. In that case, matters are more complex, although you are right in assuming that the UK is a "wife friendly" jurisdiction for divorce.
Do please note that you MUST have the ORIGINAL marriage certificate - a certified copy will not do.
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2nd July 2012 #4
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Thanks graham48.
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2nd July 2012 #5
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2nd July 2012 #6
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I do have the original certificate and it's English translation authenticated by the Thai Min. of Foreign Affairs but the need to have residency in the UK makes it complicated as I'm on a tourist visa.
Thanks CBM.
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2nd July 2012 #7
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Thanks!
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3rd July 2012 #8
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- Apr 2012
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If your husband has been resident here for a year, or is domiciled here (he may well be domiciled here even if he is not resident here) then I think you can go ahead even though you are on a visit.
There is some good information on this website:
http://www.terry.co.uk/
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3rd July 2012 #9
Grief, I'm sorry to hear that, what a he is!
Hope you can get this sorted and dump him
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3rd July 2012 #10
- Join Date
- Aug 2010
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- Marikina City
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I'm very sorry to learn about what has happened.
The very quick answer to your question is Yes.
However, as always, there are a few "if's and but's" that you really need to consider.
In principle you can file for divorce if you have been married for over a year, and it doesn't matter where the marriage took place, but it must be a valid marriage under English law.
Technically one of you needs to satisfy the rules for jurisdiction which can sometimes get a little complicated.
It's not always necessary that either of you needs to be here in England.
English courts have jurisdiction to grant a divorce if either spouse:-
- is domiciled in England or Wales when the proceedings are begun
or
- is habitually resident in England or Wales throughout the period of one year ending with the date on which proceedings are begun.
In this sense "domiciled" does not have the same meaning as "resident".
I would suggest you get clarification on your own circumstances from a solicitor. You can usually obtain a free 30minute consultation and I'm sure you would find it valuable.
Now, Alpha, please be aware that as a Filipino national, it doesn’t matter where in the world you file for divorce (ie Petitioner), such a divorce is not recognised as valid in the Philippines.
(Except that the legal reckoning point is not the citizenship of the parties at the time of marriage, but the citizenship at the time a valid divorce is obtained abroad by the petitioner)
This is probably the single most important issue for you and I'm sure you can understand the implications.
Please think very carefully. If you petition for divorce the only beneficiary is your husband who will be free to marry. Your position will not have changed.
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3rd July 2012 #11
- Join Date
- Jul 2005
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- Pangasinan
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May I suggest to other members that Terpe (Peter) is given some reputation from time to time, because considering the enormous contribution he makes to the forum he does seem very lacking in that department.
Please remember that the regulars are limited as to how often they can give reputation points to such stalwarts as Peter.
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3rd July 2012 #12
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3rd July 2012 #13
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3rd July 2012 #14
some people ask for a rep just because they want to have a promotion (member status) and gain more points..yet some don't give the right credit to the ones who have exert a great deal of effort just to answer the questions they are asking..time to show how much you appreciate the efforts given by these very helpful members..
-=rayna.keith=-
...When you realize you want to spend the rest of your life with somebody, you want the rest of your life to start as soon as possible...
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3rd July 2012 #15
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3rd July 2012 #16
anyone can ask me for help and advice, reps welcome, but i cannot help with cash
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4th July 2012 #17
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