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Help on annulment to a british national

Discussion in 'Relationship Advice' started by Kath, Jul 1, 2014.

  1. Kath
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    Kath New Member

    I am in the UK. I am talking about what will happen after i leave this country.
  2. Kath
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    Kath New Member

    I am in the new rule. I am still on the spouse visa and all i can think about is to go home before it ends or on the day it ends. But what are my legal rights or human rights to stay in this country put my life in here was suppose to start a family in here but he ruined me. He stained me emotionally and psychologically and i was depleted financially? Can i go apply for domestic violence to be able to stay here?

    Or what are the chances of me coming back here say for example to visit a boyfriend or come back to settle with another british national. Surely i have the right to get married again don't i? Would they criticise my previous application to settle here?
  3. Methersgate
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    Methersgate Well-Known Member Lifetime Member

    I think that you should try to remain in this country, even if that means remaining married for the time being.
  4. KeithAngel
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    KeithAngel 2063 Lifetime Member


    Kath its not possible for anyone to comment on what happened in your marriage for that you need professional advice from a lawer or perhaps citizens advice
  5. Anon04576
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    Anon04576 Well-Known Member

    Difficult one as Keith says but sorry to hear the relationship has soured. If you do decide to go back and get an annulment through the proper channels, there is nothing wrong with you meeting another British person and striking up a relationship. As part of the visa application I'm sure it asks whether you have been to the UK previously and of course you will have to declare that. But from a legal point of view I cannot see that they can stop you from re-entering as long as the new relationship is genuine and you meet the necessary requirements, just like you did in your original application. I guess if you were habitually re-entering the UK then that would of course cause concern for the ECO.
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  6. Markham
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    Markham Guest

    Kath, I am sorry to hear of your circumstances. The good news is that you can have a solicitor represent you in your divorce (annulment) but you'll need to find one that accepts cases under "Legal Aid". He will ensure that your former husband makes an adequate financial settlement, if necessary following one or more court hearings. Depending on how much you receive, you may be asked to make a contribution to your legal bill but the settlement figure would need to be very high for that to happen. So don't worry, the law is on your side! :)
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  7. Maharg
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    Maharg Well-Known Member Trusted Member

    Were you married in the UK? I don't see why you can't get a divorce because you aren't a citizen.

    I'm divorced and my ex-wife has never been a British citizen.
  8. Kath
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    Kath New Member

    What do you mean when you say habitually re-entering? Anybody here who's Filipina spouse has undergone annulment before marrying a british national? I think that is my only way. I shall just go home. My husband doesn't have any assets so i can't claim for anything really. He doesn't even want to pay for my annulment. I am all alone in this circumstance. I have asked for solicitors that do legal aid but they said that i can only be given ome if i am a british national :(
  9. Kath
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    Kath New Member

    I have contacted a solicitor and they said they will charge me £500 for consoltation?! that is too much. And i know it wouldn't only take one session but where am i going to get all the money to provide for it. I just think i need to go home and hopefully manage to sort this annulment. I am saving for it cos my husband isn't paying for it. He is cruel!
  10. Kath
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    Kath New Member

    I was married in the Philippines. It could have been easier if i was married here so we can just get divirce easily and not spend my whole earnings just to pay for that annulment.
  11. bigmac
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    bigmac Well-Known Member Trusted Member

    i can only repeat what i wrote previously

    my fili fiancee was in the UK on a student visa till august 2012. in that time she filed for divorce --in bournemouth---from her husband in the philippines. they were married there. the divorce was granted--and it cost her £1000 including the court fee..

    many solicitors will offer a free initial consultation.

    ( my fiancee is now back in the philis--and successfully got an annulment as well--took 15 months and cost her ---well--me--£2000. i think it could have been quicker if a bit more grease had been applied.)
  12. Methersgate
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    Methersgate Well-Known Member Lifetime Member

    Kath it seems to me that you can get a divorce here in Britain without using a solicitor - the forms are not any more difficult than the immigration forms - in fact they are easier. The cost is very small, and the Citizens Advice Bureau will help you - you will find that the Judge is kind and helpful also.

    That will not get you an annulment in the Philippines, but if you choose to stay in this country you will not need one - the UK divorce is all you need to marry again if you wish to.

    If you have a job here I would try to stay here.
  13. bigmac
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    bigmac Well-Known Member Trusted Member


    i divorced my ex wife--did it myself--the form filling is very simple--but you have to fill out 3 sets of forms---and the court fee is £450. i didnt need a solicitor at all. the court fee may be waived if youre on a low income--but that could mean more paperwork i didnt pay a penny because i'm on state pension.

    i cited 2 years separation with consent---its all a total nonsense---we hadnt been apart that long--but she wanted the divorce as much as i did-----but didnt want to pay the fee as she was working.. so--whatever i put on the form she signed to agree to it. i could have divorced her for her--extremely unreasonable behaviour----but why rake up muck for no purpose.
  14. Kath
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    Kath New Member

    Why did she got the divorce and annulment? It is costly. That is why i am opting for just an annulment cos first of all as a Filipino we are bound by laws unless we are a citizen of the country that we wanted to settle to. So it means we can't get a divorce. It is only the foreign spouse who can apply for divorce and the filipina spouse will bring it to the Philippines to have it recognised there. And it will take time but that doesn't mean that i am not anymore married, i still am. Only annulment can free you from marriage if you are a Filipino citizen. And if you got married in the Philippines and you got divorced in the coutry where you settled then you can't remarry in the Philippine law unless you are annuled there.

    I can only use that divorce papers for when i go to another country and get married there. Like for example instead of using my CENOMAR i can use my divorce papers in the embassy so they can see that i am free to marry.

    With annulment it is one straight forward thing. As it will clear all your name from being married etc. After it's been granted it'll show my status as being single again in all my papers.
  15. Anon220806
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    Anon220806 Well-Known Member

    My ex wife filed for divorce here in Britain, with the help of legal aid. In our case she gained a lot. We had a young child and a house virtually paid for. The marriage had been for 26 years. On those grounds she was able to gain a lot. For a much shorter marriage, no children involved and not much in the way of an estate and savings etc then not so much is to be gained financially, by a spouse in that way.
  16. bigmac
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    bigmac Well-Known Member Trusted Member

    youve answered your own question there. she got a divorce here in the uk--fact--its NOT valid in the philippines--FACT--so as she is now back there she got an annulment so she can apply for a settlement visa.

    others on here have suggested her UK divorce would be enough to get the visa--but as no-one has tried it we went for the annulment as well. it was granted last month
  17. Kath
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    Kath New Member

    The reason why i don't opt for divorce is at the end of the day i'll go back home and even if divorce will be granted that doesn't mean that i can remarry in the Philippines. Because only i will be considered on single status once i got an annulment. The divorce only allows me to remarry in another country but not in the Philippines.
  18. Kath
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    Kath New Member

    So do you think you will be able to get her back to the UK straight away? Are you on the process of applying for a visa for her to come back here? Did she manage to visit you here while her annulment was on going? If so did you just get a tourist visa for her to come and visit you? Did it took long for her to get the tourist/family visit visa?
  19. Kath
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    Kath New Member

    I thin
    She is a citizen now is she? If she is then she doesn't have any problem as to her getting the divorce cos at the end of the day she isn't a filipino citizen anymore so the family law doesn't apply to her. Sorry to hear about your marriage.
  20. Kath
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    Kath New Member

    I think as far as i know i can only stay until the validity of my visa. Also one reason i can't divorce him here is once i do so then that neans i am no longer under his sponsorship and it means that i will be an overstayer once the divorce has been granted.

    Also if i ever try to stay i would need to apply for a Further Leave to Remain which would require his help but of course immigration needs a lot of supporting documents from me and him i.e bills addressed to us in the same address. And it should be within the 2.5 years that i was here. At least 6 supporting documents is what they need. So yes that isn't possible.

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