divorce

[bigmac]

ive read elsewhere there is no divorce in the Philis.

my lady filed for divorce here in the UK earlier this summer (?)--before she returned when her student visa expired. its still pending. her husband is in the Philis.

has any one else reading this any experience in this matter they might care to share?

[sars_notd_virus]

yes there is no divorce in the PH
but your lady can file an annulment from here(UK) if she's a resident.

[bigmac]

not annulment--a divorce. she paid a UK solicitor nearly £1000 for the fees.

[sars_notd_virus]

sorry, yes she can file a foreign divorce ...how long has she been here?

[tiger31]

I believe she must be in the uk 12 months before she can file for divorce it then takes 3 to 6 months to come through .

[sars_notd_virus]

I had a filipina friend from London who did the same but she's been here in the UK for 12 years.

[bigmac]

I had a filipina friend from London who did the same but she's been here in the UK for 12 years.

so did your friend definitely get a divorce?

i dont think the length of time living here makes any difference. my lady had been here 4 years--separated 5 years--& was living here when she started proceedings

[joebloggs]

did you live together bigmac?, if you had lived together for at least 2yrs, she might have been able to have applied for a unmarried partner visa inside the Uk.

[bigmac]

did you live together bigmac?, if you had lived together for at least 2yrs, she might have been able to have applied for a unmarried partner visa inside the Uk.

we actually met about a year ago--and began weekending together. from april to august we were living together full time. then her student visa expired.

shes hoping to get a tourist visa in the new year--she has friends and relatives near where i live.

if things continue to work out for us--and her divorce goes through--we then need to decide which way to go--EEA route or the immigration lottery. both options have pros and cons.

[fred]

Someone correct me if Im wrong but if she initiates the divorce in the UK, then the divorce is not recognized in the Philippines.

[Terpe]

Someone correct me if Im wrong but if she initiates the divorce in the UK, then the divorce is not recognized in the Philippines.

Yes Fred, that's right. As the petitioner it would not be recognised in Philippines at all.
Means she cannot get married in the Philippines.

[fred]

Yes Fred, that's right. As the petitioner it would not be recognised in Philippines at all.
Means she cannot get married in the Philippines.

OK thanks Terpe. Thats what I thought.
So in theory,there could be a bigamy case filed here in the Philippines?

[bigmac]

this is exactly what i needed to know. keep it coming.

[Terpe]

......my lady had been here 4 years--separated 5 years--& was living here when she started proceedings

I would guess she's filed for divorce based on 5 years separation.
Basically this does not require the respondent spouse to provide any consent to the divorce it would be automatically classed uncontested.

This type of divorce is usually trouble-free and should be complete within minimum legal schedule.

[bigmac]

yes--5 year separation.

but i'm getting mixed messages here--trouble free divorce--but not recognised in the Philis------????

so--when is a divorce not a divorce?

has any reader actually done this?

[fred]

Terpe..
A family member here filed for separation and it cost 150K for the lawyer fees.. She cancelled the file before the separation came to fruition and the couple are now back together..
My point is that the separation must be recognized by Filipino law before the 5 years begin? I will not pretend to know what the R.P law says what can or cannot happen after 5 years BTW.. Think we need a Philly law site for guidance!
Big mac... Did she have a legal separation in the Philippines?
Tread carefully.

[bigmac]

Big mac... Did she have a legal separation in the Philippines?
Tread carefully.

not as far as i am aware--she told me--months back--they had discussed annulment. but--she consulted a divorce lawyer here before she left--paid nearly £1000 --i saw the paperwork--and the suit was sent to court. the outcome is awaited.


so--if a divorce is granted here--UK--are we free to marry here in the future?


tell you what---i think i'll take up nuclear physics--must be a lot simpler.

[fred]

yes--5 year separation.

but i'm getting mixed messages here--trouble free divorce--but not recognised in the Philis------????

so--when is a divorce not a divorce?

has any reader actually done this?

Im married to a Filipina.. If I initiate a divorce in the UK,I can come back here and get married again.. So can my ex wife as she had no part in initiating the divorce.
If she divorces me anywhere abroad...Different story.
That said.. There are many wealthy Filipino`s that seem to find a way around their first marriages by getting divorced in countries like Guam etc..
There is an actor here from Bohol that became a muslim... That, it seems is another way to be able to marry more than one woman..
Sorry...Im going off on one of my strange tangents..

[fred]

so--if a divorce is granted here--UK--are we free to marry here in the future?

Of course!! You would be legally married in the UK..
Just dont allow her to persuade you about plans of a future holiday to the Phills!!
In theory you might be an up coming episode on Banged up abroad!!

[bigmac]

well--interesting discussion--all i can add is--watch this space-----

[Terpe]

yes--5 year separation.

but i'm getting mixed messages here--trouble free divorce--but not recognised in the Philis------????

so--when is a divorce not a divorce?

has any reader actually done this?

Under UK law, one of the grounds for divorce is 5 years separation. Doesn't need to be legal separation and has nothing to do with any laws outside of UK.
This is UK divorce law. Period

When this is used as grounds for divorce, it does not require any input or consent from the respondent spouse. Means her husband is not required to agree or disagree, it makes no difference, the divorce WILL be granted.

In this sense it is the only trouble-free divorce in UK. Period.

Now that's the divorce.

We have no information as to the nationality of the husband, nor do any of us know where they originally got married.
All that's being stated here is that ANY divorce initiated by your Filipina lady as petitioner will NOT be recognised in the Philippines under Philippine law.

[bigmac]

All that's being stated here is that ANY divorce initiated by your Filipina lady as petitioner will NOT be recognised in the Philippines under Philippine law

yep. must be right--after all--you just couldnt make this up

[sars_notd_virus]

I had a filipina friend from London who did the same but she's been here in the UK for 12 years.

so did your friend definitely get a divorce?

yes she did after the divorce proceeding she went back to Ph to file for the recognition of foreign divorce and annotated marriage certificate that will allow her to marry anywhere she wants.

btw, you wrote above that your lady paid £1,000?? thats quite cheap to cover the cost of the divorce proceedings.

[raynaputi]

yes she did after the divorce proceeding she went back to Ph to file for the recognition of foreign divorce and annotated marriage certificate that will allow her to marry anywhere she wants.

btw, you wrote above that your lady paid £1,000?? thats quite cheap to cover the cost of the divorce proceedings.

According to the Philippine Embassy website, "Divorce will only be recognized under Philippine law if the petitioner of the divorce is the foreign spouse." ..http://philembassy-uk.org/consular-matters/civil-registry (Report of Divorce).

[raynaputi]

Have a look on this article: Recognition of Foreign Divorce in the Philippines

[bigmac]

thanks for those links. seems like my lady has burnt her £1000. so much for legal advice in this country.

where do we go from here?

[grahamw48]

So my ex is not divorced (in the Phils)....but has re-married here in Europe. Hmm.

[sars_notd_virus]

[FONT=verdana][COLOR=#800080]According to the Philippine Embassy website, "Divorce will only be recognized under Philippine law if the petitioner of the divorce is the foreign spouse."

yes thats why i am asking the OP if his lady is a resident here ....my friend succesfully obtained a foreign divorce but she was living here for 12 years and separated with the husband in the PH for the same period of time.

[sars_notd_virus]

thanks for those links. seems like my lady has burnt her £1000. so much for legal advice in this country.

where do we go from here?

I am afraid you cannot take the short cut because of her immigration status(expired student visa)

where is your lady now?...if her visa expires why not just file an annulment in the PH ?

[KeithD]

btw, you wrote above that your lady paid £1,000?? thats quite cheap to cover the cost of the divorce proceedings.

She could have filed the papers herself for £300 total cost!