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Divorce Advice

Discussion in 'Relationship Advice' started by orly, Dec 4, 2019.

  1. orly
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    orly New Member

    • UK man
    • Filipina woman
    • Married in Philippines in 2014
    • She stayed in UK for 3 years on spouse visa and has been back in Philippines for 2 years.
    • We have been separated since she went back, so now looking to start divorce proceedings under the UK 2 year separation rule.
    Does anyone have any experience in how to do this? Do I just initiate proceedings in UK? Does it complicate things with her being out of the country? Are there things to sign etc?

    And in an earlier post, I saw that if I do so, the divorce will also be recognised in Philippines for her, so she can remarry etc. Hoping to do this in one go and avoid any annulment stuff as well.

    Also I don't have the marriage certificate and neither does she. Does anyone know how to get a new copy, as looks like its a required document.
    Last edited: Dec 4, 2019
  2. bigmac
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    bigmac Well-Known Member Trusted Member

    are you going to use a solicitor?
    any kids ?
    any property ?
    the 2 year rule requires both parties to consent.
  3. orly
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    orly New Member

    not unless we need to but hopefully not
    no
    no
    she agrees
  4. Mattecube
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    Mattecube I have no need Trusted Member

    For marriage certificate replacement contact local PSA or NSO office where you got married.
    Start proceedings like you say under the 2 year seperation rule.
    Good Luck
    Last edited: Dec 4, 2019
  5. oss
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    oss Somewhere Staff Member

    Under the old rules you should be the one to initiate the divorce in the UK in order for her to be able to remarry in the Philippines, I believe these rules have been relaxed recently but it used to be the case that the divorce was only recognised if you were the one to initiate it, the Filipino could not initiate the divorce.

    As Mattecube says you will need to get replacement marriage certificate from the PSA, I'm not sure but you might be able to do that online yourself although there is a fee for international delivery.
  6. Br28016
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    Br28016 Active Member

    Think you can order the PSA marriage certificate online and get sent here. Assuming that PSA certificate is sufficient for UK divorce courts

    https://www.psaserbilis.com.ph/Default.aspx

    Not used it so can't comment on reliability.

    Think there is still requirement for divorce to have Philippines court order recognising it. That I think allows PSA record to be updated but going from what I remember reading previously so need to do your own research on that point.
  7. bigmac
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    bigmac Well-Known Member Trusted Member

    In your case then a diy divorce is easy..not cheap though..court fee was £450 when i did it.
    Referring back to your op..in our case my filipina gf.was here in the UK when she started divorce proceedings against her filipino husband...5 years separation. Went through no problem. Not recognised in the Phil's though.
  8. Mattecube
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    Mattecube I have no need Trusted Member

    If it's a foreign divorce in the Philippines it needs to proven in court and recognised over there that said it looks like simple steps.
    1 start the baĺl rolling in UK.
    2.obtain divorce in UK.
    3. Ex wife goes to Philippines court for recognition.
  9. orly
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    orly New Member

    Thanks, that was easy. I think I also need it translating and certifying once I get the copy. Does anyone know of any UK places that will do this?

    The online price when I looked earlier was about £600. Hoping that is all it will cost.
  10. bigmac
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    bigmac Well-Known Member Trusted Member

    if your doing i yourself just go to your local court office and ask there.
  11. orly
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    orly New Member

  12. bigmac
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    bigmac Well-Known Member Trusted Member

  13. ChoiAndJohn
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    ChoiAndJohn Well-Known Member Trusted Member

    I think five hundred pounds is a bargain. My divorce in the US cost me half a million dollars.

    As far as I know, the foreign national must file the divorce first in his country. Any divorce filed by the filipino is not considered. You will need your Filipino ex to agree and notarize the divorce petition and send it back to you. Once the divorce is finalised in the uk you will need to send her a copy. She will then use that in order for her to be cancel her marriage to you in the phils.
    • Agree Agree x 1
  14. Br28016
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    Br28016 Active Member

    PSA certificate is in english and is a certified copy.
    • Like Like x 1
  15. oss
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    oss Somewhere Staff Member

    Yes that's the one, I've used that service to order my kids Birth Certificates last year, they delivered to our house in the Philippines very quickly within a week, don't know how long international delivery would take in practice although they state 6-8 weeks on the web site.
  16. orly
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    orly New Member

    Hi everyone, I'm still progressing with this

    Does anyone have any more detailed advice, or can point me in the right direction, on what my wife will need to do once the divorce is completed in the UK.

    Someone commented above:

    "Once the divorce is finalised in the uk you will need to send her a copy. She will then use that in order for her to be cancel her marriage to you in the phils."

    I'm hoping to give her some more detail on what she actually needs to do, and any potential costs, as she's still worried this won't be recognised over there.
  17. bigmac
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    bigmac Well-Known Member Trusted Member

    i hope i dont sound too crass...but why should it concern you ? a foreign divorce is recognised in the philippines, and she will need to get it registered over there--if she intends to get married again. but thats not your problem.
  18. Mattecube
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    Mattecube I have no need Trusted Member

    Always good for divorce to be as smooth as possible and without acrimony as to avoid " right I will show him and take him to the cleaners"
  19. oss
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    oss Somewhere Staff Member

    The reality is that would be very hard for her to do from the Philippines but irrespective of that this chap just sounds like a decent man who wants to be fair.

    In the past it was court, need all original documents the court recognises the divorce then you would proceed to the NSO to have the judgement filed, I guess that's now the PSA.

    It was an expensive process and one which Ana still has not completed to this day (divorce from her Korean husband in 1997) I can't remember the costs for the court and lawyer but it wasn't cheap, it is supposed to be a fairly simple process but dealing with the authorities over there is always awkward.
  20. orly
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    orly New Member

    She's more likely to co-operate and respond to the divorce papers if she knows it doesn't only benefit me.
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