Filipina Getting A Divorce

Go Back   Expat Forum For People Moving Overseas And Living Abroad > Asia > Philippines Expat Forum

Philippines Expat Forum The Philippines Expats Forum is dedicated those individuals that have chosen to make Philippines their new home. This forum is an ideal place for Expats now living in Philippines to meet and discuss all aspects to their new way of life.

Like Tree31Likes

Filipina Getting A Divorce


Reply
 
Subscribe to this Thread Thread Tools
  #1 (permalink)  
Old 26th October 2018, 11:10 AM
New Member
 
Join Date: Jun 2018
Posts: 13
Rep Power: 0
totalguy is on a distinguished road

Default Filipina Getting A Divorce

so im in a bit of a situation here i got divorced from my filipina wife for reasons she was demanding money and we argued a lot caused me a lot of anxiety stress and depression so i divorced her here in the uk i realise now i cannot marry again in the Philippines but i have divorced her here.

now i have a girlfriend also filipina (1 year on) we are in a relationship but there is potentially future problems for getting married. we arent going to be rushing into marriage thats for sure but we need to plan a future if its possible so we have to look deep into things of course.

she is married herself to a guy in the Philippines they are both from there. we also have checked if the marriage was fake and its not (i had to check the same myself so i knew the process to check) she has been split with no contact from him for 2 years we looked at annulment and that seems expensive but its one option so we cannot rule anything out. but is there another way? i would like here to come eventually to live here and maybe in a few years marry her but this is a potential problem

ive no idea about this sort of thing but im guessing here and i want to check if this is possible could she get a divorce here on grounds of 2 year separation? or another reason? i realise she would still be married in the Philippines but if she can do that she could marry here maybe?

if thats not possible what other options do we have to be together here in the uk?

this information may also help so you know my situation too. i am considered disabled im on disability benefits as well so i obviously looked into a spouse visa before with my wife i divorced but we didnt get as far as getting her here. anyway i qualify for what they call adequate maintenance which i only need to have £114 a week for a spouse to support them here i do not need to have the 18 thousand a year earnings.

im not sure if there is another way to get her here to stay i didnt look into other options before so im trying to find out what options we have.

thank you in advance

Reply With Quote Quick reply to this message
  #2 (permalink)  
Old 27th October 2018, 12:52 AM
Manitoba's Avatar
Member
 
Join Date: Jun 2014
Location: Mandaluyong City
Posts: 632
Rep Power: 132
Manitoba has much to be proud ofManitoba has much to be proud ofManitoba has much to be proud ofManitoba has much to be proud ofManitoba has much to be proud ofManitoba has much to be proud ofManitoba has much to be proud ofManitoba has much to be proud of
630 likes received
138 likes given

Users Flag! Originally from canada. Users Flag! Expat in philippines.
Default

Your divorce will be recognized here. A local and a foreigner getting divorced outside of the Philippines is a recognized divorce here.

"In the case of Marelyn Tanedo Manalo, the court noted Article 26 (2) of the Family Code which provides that "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 the capacity to remarry under Philippine law."


https://news.abs-cbn.com/news/04/24/...ce-valid-in-ph

This has since been extended to cases where the Philippine spouse initiates the divorce abroad.

https://lawyerphilippines.org/2017/0...pines-process/

However there is still no divorce for two locals who marry. There are only two ways a local can remarry, one if is the first spouse is dead the other is if the marriage is annulled. Lots of discussions here on how long and expensive and unsure that process can be locally.

Not sure about a UK divorce. I know in my province of Manitoba Canada that at least one spouse has to be a provincial resident for a year to petition for divorce, the other spouse does not need to live in the province. Two Philippians divorcing would not be recognized here opening the possibility of a bigamy charge if you remarried and she ever returned to the Philippines.

One option would be to have her acquire UK citizenship. Then she would be the foreign spouse filling for divorce and that would be recognized here. She would also be renouncing her Philippine citizenship on acquiring UK citizenship.

She could reclaim it but that might impact the recognition of the UK divorce locally. It could very likely become a landmark case in local family law. The outcome would depend in large part on how liberal or conservative the judge is in divorce issues.

If you go this route, I'd suggest that she never reclaim her Philippine citizenship. If you come back here to live then she would come on one of the options open to UK citizens to live here long term. Any children would not have Philippine citizenship unless she reclaims hers prior to the birth..

I'd also suggest getting some professional legal advice and not just proceeding on the posts of random strangers on the internet.
Nickleback99 likes this.


Last edited by Manitoba; 27th October 2018 at 01:08 AM.
Reply With Quote Quick reply to this message
  #3 (permalink)  
Old 27th October 2018, 01:18 AM
Manitoba's Avatar
Member
 
Join Date: Jun 2014
Location: Mandaluyong City
Posts: 632
Rep Power: 132
Manitoba has much to be proud ofManitoba has much to be proud ofManitoba has much to be proud ofManitoba has much to be proud ofManitoba has much to be proud ofManitoba has much to be proud ofManitoba has much to be proud ofManitoba has much to be proud of
630 likes received
138 likes given

Users Flag! Originally from canada. Users Flag! Expat in philippines.
Default

I did some further reading

https://deborjalaw.com/recognition-of-foreign-divorce/


States that the divorce would be valid if your wife became a UK citizen. The divorce would then need to be registered here to be considered valid here.


No word on what would happen if your wife reclaimed citizenship after the registration but I would think a good argument could be made that once the divorce was registered here and recognized subsequent acts would not in do the validity of the divorce and local recognition.

But again I'm not a Philippine family law lawyer, not a lawyer of any sort for that matter, get professional advice on this.

Reply With Quote Quick reply to this message
Sponsored Links
Advertisement
 
  #4 (permalink)  
Old 27th October 2018, 08:31 AM
Gary D's Avatar
Member
 
Join Date: Oct 2013
Location: Hermosa Bataan
Posts: 1,555
Rep Power: 192
Gary D has much to be proud ofGary D has much to be proud ofGary D has much to be proud ofGary D has much to be proud ofGary D has much to be proud ofGary D has much to be proud ofGary D has much to be proud ofGary D has much to be proud ofGary D has much to be proud of
1343 likes received
293 likes given

Users Flag! Originally from uk. Users Flag! Expat in philippines.
Default

Two big problems, one getting her into the UK in the furst place, and second the years and cost of obtaining UK citizenshio. An annulment would probably be cheaper and quicker.
M.C.A. likes this.

Reply With Quote Quick reply to this message
  #5 (permalink)  
Old 27th October 2018, 09:10 AM
Manitoba's Avatar
Member
 
Join Date: Jun 2014
Location: Mandaluyong City
Posts: 632
Rep Power: 132
Manitoba has much to be proud ofManitoba has much to be proud ofManitoba has much to be proud ofManitoba has much to be proud ofManitoba has much to be proud ofManitoba has much to be proud ofManitoba has much to be proud ofManitoba has much to be proud of
630 likes received
138 likes given

Users Flag! Originally from canada. Users Flag! Expat in philippines.
Default

First thing I'd do is get your UK divorce registered here and get judicial recognition of the divorce, then you are free to remary once the girls issues are resolved.

Basically no divorce here.
Annulment is a long and costly process with no guarantee that it will ever be granted.

There is a divorce law under consideration but it has not passed the lawmakers, best thing that they could do in this regard is to open up the grounds of anulment, perhaps making it into a divorce in all but name. That might satisfy the religious conservatives and allow the people whose marriages have fallen apart to move on with their lives.

I will also advise you to take a look at the local adultery laws here. If the husband ever comes back into the picture he can make a lot of trouble for both you and your girl.
Nickleback99 likes this.

Reply With Quote Quick reply to this message
  #6 (permalink)  
Old 27th October 2018, 09:41 AM
New Member
 
Join Date: Jun 2018
Posts: 13
Rep Power: 0
totalguy is on a distinguished road

Default

Quote:
Originally Posted by Manitoba View Post
First thing I'd do is get your UK divorce registered here and get judicial recognition of the divorce, then you are free to remary once the girls issues are resolved.

Basically no divorce here.
Annulment is a long and costly process with no guarantee that it will ever be granted.

There is a divorce law under consideration but it has not passed the lawmakers, best thing that they could do in this regard is to open up the grounds of anulment, perhaps making it into a divorce in all but name. That might satisfy the religious conservatives and allow the people whose marriages have fallen apart to move on with their lives.

I will also advise you to take a look at the local adultery laws here. If the husband ever comes back into the picture he can make a lot of trouble for both you and your girl.
thanks for the replies it has been quite useful.

ok so if she becomes a uk citizen then she can divorce from here but how can we get her to be a uk citizen if i cant marry her.

what does "renouncing her Philippine citizenship" actually mean for her? my question is can she visit the Philippines again how would that work?

i hope my eventual plan is to buy property out there and rent it out and also goto stay there some times so i wonder what would the situation be with that.

i doubt her husband will come back into the picture to be honest from what she told me

Reply With Quote Quick reply to this message
  #7 (permalink)  
Old 27th October 2018, 09:42 AM
New Member
 
Join Date: Jun 2018
Posts: 13
Rep Power: 0
totalguy is on a distinguished road

Default

Quote:
Originally Posted by Gary D View Post
Two big problems, one getting her into the UK in the furst place, and second the years and cost of obtaining UK citizenshio. An annulment would probably be cheaper and quicker.
i realise it will cost to get her into the uk. she is hard working so we would look at her working here. ok no guaranteed job i know but she is willing to work hard.

getting her in the uk without a fiancée visa or spouse may be an issue i dont know how any of the other ways work

Reply With Quote Quick reply to this message
  #8 (permalink)  
Old 27th October 2018, 10:35 AM
Manitoba's Avatar
Member
 
Join Date: Jun 2014
Location: Mandaluyong City
Posts: 632
Rep Power: 132
Manitoba has much to be proud ofManitoba has much to be proud ofManitoba has much to be proud ofManitoba has much to be proud ofManitoba has much to be proud ofManitoba has much to be proud ofManitoba has much to be proud ofManitoba has much to be proud of
630 likes received
138 likes given

Users Flag! Originally from canada. Users Flag! Expat in philippines.
Default

I don't know UK immigration law but as soon as she takes a second citizenship she is considered to have renounced her Philippine one. Regaining it is an easy process, all she has to do is go to an Embassy and request it back. I imagine some forms to fill in but not much else.

Until she reclaims it she is a UK citizen just like you, she would have to enter the Philippines on a tourist visa, register her divorce and get judicial recognition and then immediately reclaim her Philippine citizenship

I am no expert on this, I am just giving you some options to explore further, you really need some legal advice from someone who knows the law and regulations in this matter and who will have all the facts, not just a few paragraphs that you had in the OP.

Safest and cheapest way to get what you want is to register your divorce here and apply for the annulment. Assuming you get the annulment then there will be no legal pitfalls or new ground to trap you. Remember it was only a few months ago by a 10-3 decision that the ability for a Philippine spouse to initiate the foreign divorce and have it recognized. Prior to that it was only if the foreign spouse initiated the divorce.

One question you should answer for yourself is why you want to remarry? Lots of couples here living together not married or married to someone else.

It is not legally adultery if the spouse gives permission, just pay the guy a few thousand p to sign away his ability to charge you with adultery and no need to remarry unless you have strong feelings about it. You can grant her property rights etc to ensure that she will be OK when you are gone. (You never said anything about ages but I assuming that you are older than her as that is the most common situation.)

Reply With Quote Quick reply to this message
  #9 (permalink)  
Old 27th October 2018, 05:30 PM
New Member
 
Join Date: Jun 2018
Posts: 13
Rep Power: 0
totalguy is on a distinguished road

Default

i figured we would have to get married at some point for her to stay here but its not essential i mean if there is another way to get here without that i can look into it but those are the only ways i know so far fiance visa and spouse visa. i dont know anything about the other ones.

my divorce i got the papers for it and sent my ex hers i got it all processed here to save hassle she agreed to it and it was easier for me to sort it all out and just got her to sign what she needed to sign.

maybe i should ask another question here about how to get a partner here without marriage?

she is 30 im 40 not a big gap i wouldnt want to date someone younger way too much of an age gap.

thing is i need to figure all this stuff out before we go much further, if i have my way this will be the last relationship i have and she wants exactly the same as well. what we want to do is get her here to stay she is hard working and wants to work and we can build a future together i got idea's and plans for that but thats getting way too far ahead we need to get through all this stuff first somehow

Reply With Quote Quick reply to this message
  #10 (permalink)  
Old 27th October 2018, 06:12 PM
Gary D's Avatar
Member
 
Join Date: Oct 2013
Location: Hermosa Bataan
Posts: 1,555
Rep Power: 192
Gary D has much to be proud ofGary D has much to be proud ofGary D has much to be proud ofGary D has much to be proud ofGary D has much to be proud ofGary D has much to be proud ofGary D has much to be proud ofGary D has much to be proud ofGary D has much to be proud of
1343 likes received
293 likes given

Users Flag! Originally from uk. Users Flag! Expat in philippines.
Default

British citizenship takes 5-6 years for a non spouse and about 100,000 pesos. Getting her into the UK as a non spouse or fiancee would be extremely difficult if at all possible. About the only way would to be sponsored by a company.

Reply With Quote Quick reply to this message
Reply


Quick Reply
Message:
Options

Register Now

In order to be able to post messages on the Expat Forum For People Moving Overseas And Living Abroad forums, you must first register.
Please enter your desired user name, your email address and other required details in the form below.
User Name:
Password
Please enter a password for your user account. Note that passwords are case-sensitive.
Password:
Confirm Password:
Email Address
Please enter a valid email address for yourself.
Email Address:
Location
Where you live
Expat From Country
Please select the country you originate from. This will appear as a flag when you make posts on the site.
Expat To Country
Please select the country you have either moved to or want to relocate to. This will be presented on the site when you make posts.

Log-in


Thread Tools

Posting Rules
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Di i need to give my divorce and my wife divorce for EEA FP youness Britain Expat Forum for Expats Living in the UK 10 7th November 2014 12:50 PM
Greek Getting married my Filipina GF in Philippines lazanoz Greece Expat Forum for Expats Living in Greece 0 28th May 2013 07:51 AM
Visa advice for Filipina Martin Joseph Britain Expat Forum for Expats Living in the UK 5 7th January 2013 01:46 AM
Want to make the big move, go to college, bring Filipina wife (and dog) advice? info? fareastcoastmover Thailand Expat Forum for Expats Living in Thailand 10 13th September 2011 10:22 AM
Filipina gets 25 years in jail for 0.08 gramme of mind-affecting substance! JoeyDee Dubai Expat Forum for Expats Living in Dubai 24 10th February 2009 04:34 AM

FORUM PARTNERS

ExpatForum.com is owned and operated by VerticalScope Inc.

Retiring Overseas Guides | Moving Overseas Guides | Cost of Living | Health Care Guides


All times are GMT. The time now is 10:45 AM.


Powered by vBulletin®
Copyright ©2000 - 2019, vBulletin Solutions, Inc.
Search Engine Friendly URLs by vBSEO
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2019 DragonByte Technologies Ltd.