Hi, I am new to this, but need to find out some info and wondering if anyone can help. Unfortunately me and my wife are seeking to get a divorce. She is a filipina and has indefinite leave to remain, (we could never afford to get full british citizenship) and I am british. We married here in the UK first in a Registry office and then also got married over there in Digos in a catholic cathedral. Will it be enough to just get a divorce here in the UK, if I (the brit) petition it, and will this allow us both to get re-married in the future. Also do I send both marriage certificates off or just the british one. If this is not the case, what are the best options. What will british divorce allow us both to be able to do in the future.
I would guess that for you the British petitioner, you will be clear to marry again in the UK if you divorce here, your ex is probably going to have a more difficult time getting married again if she was going to return to the Philippines. I would send in just the British marriage certificate if I was you, leave the Philippines out of it unless you want to get caught up in the dreaded annulment process they have there. At the end of the day you are looking for a Decree Absolute given by a British court that will leave you free to marry again in the UK. Some of the other chaps here might chip in with their thoughts and experiences, but I can tell you to definitely avoid the Philippine annulment process which I believe you easily can.
You are OK - a British Decree Absolute permits you to remarry anywhere. There is a procedure brought in under President Arroyo which may be applicable to your wife... some others here will know more. If you had simply married in the UK, and you initiated the divorce, she would be fine the fact that you married again in the Philippines may put a spoke in the works - so far as the Philippines is concerned. Your ex wife will be able to marry again here on the strength of her British Decree Absolute as indeed my ex wife can.
@bigmac another fine fellow on the forum has been in a similar sort of position, lets see what he has to say on the matter, I've tagged him now so he should get back to you.
yes--i read this post on the -er--other forum. if you divorce in the uk--you can do what you like. as for your wife---if she returns to the filis---who knows--? i dont think they know either. but--is she planning to return home ?
If she married outside the Philippines, and the foreign partner initiates the divorce, she CAN register the divorce on the Philippines and she can then obtain a Cenomar. This was the legislation introduced under Arroyo. But where there has been a Church wedding in the Philippines I am not so sure...
The crucial bit is that the foreigner instigates the divorce, if the Filipino initiates proceedings then the Filipino will be unable to re-marry, it does not matter where the marriage occurred or if there were two ceremonies.
Ana was married in the Phils to a Korean and got divorced in Korea, her country eventually recognised the divorce. The procedure to allow re-marriage is not simple but she will be able to do so eventually if the chap divorces her here in the UK.
I was under the impression that annulment was the case if marriage was in the Philippines but I saw this: http://www.justanswer.com/uk-family-law/6do2w-hi-husband-married-philippines.html The answer wasn't what I expected
Annulment will not apply to this chap it only applies to Philippine citizens, divorce is granted under the law of the petitioners country, and British law does not give a toss about Philippine annulment rules.
It is his wife who will have the problem if she returns to the Philippines, as far as I know he is home and dry when he gains a British Decree Absolute, don't expect he is too worried what happens to her after the divorce I know I wasn't .
That person could apply for a divorce in the UK and it would be granted, however it would be worth didly squat to them in the Philippine where the lady would still be considered to be married simple because she was the petitioner, however she clearly had ILR and would likely be able to marry again in the UK. The spirit of the act that allows divorce for a Filipino from a foreigner is that it is absurd that the Filipino is considered to still be married to a foreigner who is already free to marry elsewhere by virtue of securing a divorce under their own country's jurisdiction. But it only works if the Filipino does not initiate proceedings. In Ana's case the complexity was that South Korea has no fault divorce where neither party is deemed to have initiated the proceedings.
His post indicated otherwise, it sounds like he is trying to be fair and that he is aware of the requirement that he initiate the divorce. I'm trying to find the specific Republic Act, I know a lot about this subject as I spent years getting Ana's divorce recognised by the Philippine courts, her situation was specifically complicated by teh elapsed time, lack of documents and special type of divorce in South Korea. This is a summary of the procedure for recognition of a foreign divorce in the Philippines, annulment is NOT involved, Filipino's have a right to divorce, from foreigners only, and only if the divorce is not started by them. http://census.gov.ph/civilregistrat...tion-effects-divorce-declared-foreign-country
http://jlp-law.com/blog/divorce-annulment-philippines/ Church wedding makes no difference, while article 26 of the family code speaks of a marriage solemnised outside the Philippines, that is only talking about recognition of the foreign marriage made abroad, it does not follow that it is a pre-requisite that only marriages made in a foreign country can be dissolved under article 26 paragraph 2. I know this is fact because we have been through this procedure, she was married in 1995 in Manila and divorced in 1997 in Seoul South Korea, she had her divorce recognised in 2013, however she is still one piece of paper short of getting the NSO to finalise it all even though it's gone through the courts and the court has granted recognition. The biggest danger is the petty bureaucracy and not having all the paperwork needed, but the actual law is on the side of the Filipino who is divorced by a foreign partner.
That is brilliantly clear! Comprehensive answer to the OP's question. I would follow from that that K and I could marry in the Philippines, and she would still be safe as long as I started the proceedings.
Yes, provided that the marriage is recognised as being valid and legal in the jurisdiction wherein you petition for divorce. With the UK's Register no longer accepting "deposit" of foreign marriage certificates and the fact that the Philippines is not a signatory to the Hague Convention (whilst the UK is), the Court may decide not to recognise a NSO-issued certificate as being legal proof of marriage and therefore decline to hear a divorce petition. My advice to you and K to marry in the Seamens' Mission in Hong Kong remains!
