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Divorce for British-Filipinos?

Discussion in 'Relationship Advice' started by Ghianne, Oct 17, 2016.

  1. Ghianne
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    Ghianne New Member

    HI. Would really really appreciate the help and any advice.

    I was born and raised in the Philippines but I have been living in the UK for 15 years. I hold a British citizenship and planning to get married in the US (my boyfriend is a US citizen - but Im not planning to be a US citizen). Unfortunately, I havent filed for annulment with my ex-husband in whom I havent seen for 11 years more or less. I believe he has four kids now and have been living with a new partner for years now. And since I cant wait for an annulment that would take 4-5 years possibly.....
    Im thinking of filing for divorce instead. A friend told me this is possible? Someone even suggested that I should change my surname back to my maiden name.... (is this shady or a loophole in the system?)
    I would like to ask :
    if he agrees to sign the divorce papers, will the US recognize it as legal and I would not be placed in an unpleasant situation?
    What is the process for divorce for a British-Filipino who want to get married in another country like the US?

    Hope for any sound advice out there. Many thanks....
  2. bigmac
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    bigmac Well-Known Member Trusted Member



    hello--and welcome to the forum.

    whilst i cannot comment on divorce law in the USA--i can tell you that my ( now ) wife ---a filipina---divorced her filipino husband while she was living in the UK 5 years ago--on a student visa.
    this divorce is obviously recognised in the UK--and therefore in the rest of the world--except the philippines.
    so she then filed for annulment to make life simpler if she visits back home---and to meet the CFO rules when she applied for her fiancee visa from home.

    her annulment took about 16 months to go through--and cost about £2000 in legal costs and bungs.
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  3. DJB
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    DJB Active Member

    Your marriage will always be recognised in the Phils Im afraid as Divorce is not an option.

    Anullment is the only way forward.
  4. Ghianne
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    Ghianne New Member

    Thank you for the advice. very much appreciated
  5. john jones
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    john jones Active Member

    Good luck young lady.
  6. Ghianne
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    Ghianne New Member

    Hi DJB. Thank you for the fast and kind response.
    I was just wondering though , if you mean that if I get married in the US (through a divorce paper in UK) , that I wont be able to get married legally in the US?
    Im not planning to get married in the Philippines though...does this apply to me? Even though I hold a British passport?
  7. Ghianne
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    Ghianne New Member

    Thank you John Jones. I couldnt believe people here are really helpful. I only joined recently and the members are very polite and kind enough to give a fast response. I hope I can return the favor and help other fil-british in any form and manner.
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  8. DJB
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    DJB Active Member

    Its a tricky one, I think I will leave this open for someone with a bit more knowledge than me to reply

    Good luck
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  9. bigmac
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    bigmac Well-Known Member Trusted Member

    the US being the instant divorce and marriage capital of the universe--i'm sure your UK divorce will be valid there. if i were in your position--i would decide where abouts in the US to get married---then make enquieries in that city or state to find out their local laws.

    your first marriage will remain just so in the philippines---so technically you would become a bigamist. but that hardly matters if you dont plan to ever return there. maybe one day the country will catch up with the rest of the planet.
  10. Timmers
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    Timmers Well-Known Member Trusted Member

    You need your British husband to divorce you then it will be recognised in the Philippines, alternatively because you are now a British Citizen you can just go through the regular divorce proceedings and file for divorce yourself, you have as much right now as any other British person.
  11. Timmers
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    Timmers Well-Known Member Trusted Member

    Take a look at the link below, it should point you in the right direction;

    https://www.hg.org/article.asp?id=20090
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  12. bigmac
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    bigmac Well-Known Member Trusted Member

    i just assumed her husband is filipino--living back there.
  13. Timmers
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    Timmers Well-Known Member Trusted Member

    You might be right bigmac, we are getting on in years and misunderstandings are quite easy for us :)
  14. Ghianne
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    Ghianne New Member

    Hi BigMac.
    You are right. My first partner is filipino.

    He is now happily living with his longterm partner and has four kids. ( but we have not been in contact since 2004).
  15. Ghianne
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    Ghianne New Member

    Thank you very much BigMac. A common friend had explained this to me but I want to make sure that Im doing the right thing legally and move forward.
    ( i will offer and file annulment after I get settled in the US for my ex-husband case. He has four kids. And he holds a givernment position. I believe under Philippine law, all if his children are illegitimate as he cannot and has not gotten married)
    It can be quite difficult to deal with family law in the Philippines with regards to annulment. Especially if both parties decided to mutually live separate lives or if there is abuse involved. I do hope in the future that Philippines will be more open minded regarding this.
  16. Ghianne
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    Ghianne New Member

  17. MrsAsianeer
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    MrsAsianeer Member

    http://jlp-law.com/blog/annulment-divorce-legal-separation-in-the-philippines-questions-and-answers/

    Hi Ghianne, welcome to the forum.
    Have a read on the link above it may help you a little or perhaps give you an idea.

    I heard a few women abroad filed an annulment in the Philippines without going in the Philippines. You need one member of your family out there to be present every Court hearings.

    I thinks it takes almost 2 years for the complete annulment and cost about 200,000 pesos atleast. It just depends whereabouts you are filing for it. It may take longer if you file the petition in Manila so give it a try in provinces. Speak to one of the Lawyer in the Philippines.

    I filed mine 7 years ago, took me just over 3 months and it was done and dusted in my province.

    All the best!
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  18. john jones
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    john jones Active Member

    Hello Darren & Clarice. Do you mind me asking where in the Philippines you got the Annulment? How long ago did you get it? Many thanks.
  19. Methersgate
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    Methersgate Well-Known Member Lifetime Member

    Hi Ghislaine,

    I am not a divorce lawyer but I have an American sailing friend, Doug, who is a very prominent divorce attorney in the States, so I will ask him by email if, in your situation, you can marry in the States on a UK divorce. I suspect the answer may vary, state by state. Doug practices in New York.
  20. Bootsonground
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    Bootsonground Guest

    Ghianne... Read the text in quote box below.. It should tell you what you need to know depending on if you are a dual national or not.
    A divorce in the U.K will in effect be just as good as one from the U.S for marriage purposes in the U.S..
    Are you British only now or did you reacquire your Filipino citizenship and thus now a dual national?
    If you are a dual national then I doubt that the text (in bold) below will apply to your situation.





    http://www.manilatimes.net/effect-of-divorce-decree-obtained-abroad/74408/
    Last edited by a moderator: Oct 18, 2016
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