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Our Court Case

Discussion in 'Relationship Advice' started by oss, Apr 1, 2011.

  1. oss
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    oss Somewhere Staff Member

    Well today was the last time Ana will have to appear in court for her case for recognition of her divorce.

    She's been in and been cross examined by the fiscal gave her evidence so now it's paper processing and waiting for a decision.

    It's taken us six years to get this far and the last two weeks in particular have been hell as she nearly missed getting to the court last week because her phone wasn't charged and I could not call her to wake up up.

    Neither of us are morning people but she had to get up at 6am to make it to the court, the case had almost been thrown out already when she was late once before.

    Similar drama this morning, but she made it and doesn't have to appear in court again.

    So our lawyer has told me that we can expect a descision before the end of the year :( it would be nice if they could be a bit quicker than that but he is not expecting it to be quick.
  2. Kuya
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    Kuya The Geeky One Staff Member

    Hopefully, this will be the last time you need to go through these courts.

    Frustrating as it is, I am sure in a few years you will be telling everyone how life is like with Ana and the kids in Sunny scotland.
  3. oss
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    oss Somewhere Staff Member

    Nah there will be a number of years in the UK probably stuck in liverpool :D then telling everyone about sunny Manila if we get lucky. :)

    Sean I know I checked this elsewhere but what is your actual timetable for getting married in the Phils, I'm sure I read that it can't be done in less than 40 odd days but Ana seems to think it can be done much quicker, you need about 40 days for yours don't you?
  4. Aromulus
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    Aromulus The Don Staff Member

    Why 40 days............??

    Have I missed something...??
  5. oss
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    oss Somewhere Staff Member

    It's probably me that's missing something, basically Iwas wondering what the minimum time was that was required to get married in the Phils, getting the licence posting the bands all that kind of stuff, how long start to finish?

    Gotta run about to catch a flight, off to Spain for the weekend to visit my pal and his wife, never been there before :)

    Cheers Everyone!
  6. Aromulus
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    Aromulus The Don Staff Member

    Our wedding was done and dusted within 14 days from my arrival there.

    One can post the banns here for the customary 21 days, and then exchange the obtained CNI at the Embassy on arrival...
    Get in a queue for a marriage licence at the local Town Hall thingy, pay the extortionate fee because you are a whitey, book a day with the judge and off you go...
    Ten days later you can get married....
  7. KeithAngel
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    KeithAngel 2063 Lifetime Member

    Whilst im sure your right Dom my personal view ,if you have covered all the bases on required paperwork including the cni and the seminar and want to smell the flowers after the wedding rather than the airport lounge is that 21 days can be done comfortably providing nothing goes wrong We had a monment when there was a question about jheans fathers ID being 5 years out of date then his name on Jheans nso birth certificate was spelled wrong and we I decided that was now his name for the purpose of the licence application

    I think the whole apllication pricess cost about 900 piso for licence cenomar and so forth We paid the Minister 5000 for an outdoor venue
  8. Aromulus
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    Aromulus The Don Staff Member

    I dunno...

    After a quick look at my receipts...

    I arrived on the 7th, got married on the 19th, and flew back on the 28th....
  9. Micawber
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    Micawber Renowned Lifetime Member

    oss, a couple of things really. Firstly, so glad to hear that at long last the light at the end of a very long tunnel is now brighter than it's ever been. :like:
    Secondly, six years is a long time to be in one of the most stressful court issues for any couple. Well done to both of you for sticking at it and sticking together. :)

    Have a great weekend in Spain.
    My turn next weekend. :wave:
  10. Micawber
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    Micawber Renowned Lifetime Member

    Aromulus and Keith, I'm not wishing to take sides but, from experiences I have been involved with and from stories I know about.
    You are both right, but..............Keith is more right.
    I do definitely know of two couples who managed to complete the marriage within 14 days for one and 16 days the other (In principle the annual leave max of 14 days for them)
    Each one was planned to the absolute nth degree and no hitches.

    Has to be said I also know of quite a few others who never actually made it for one reason or another despite having all their 'ducks lined up' . Some extended their holiday and completed, some just could not extend and had to go through the whole thing again.

    If anybody asks me how long it might take I always advise the full visa 21 days. Just to be safe. Whats more I also suggest they get a 59 day visa before going out (just in case)

    Anyway, just my 2 centavos
    No offence
    Last edited: Apr 1, 2011
  11. Aromulus
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    Aromulus The Don Staff Member

    None taken.

    I was only referring to my own experience.
    Besides, we didn't need to attend any seminars....
    As I had been already married and Jet, my wife, had already a child, it was waived altogether...
  12. oss
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    oss Somewhere Staff Member

    great guys thanks :like:

    Peter this court case has been on the go for about 6 months but we could not get started before that because previous lawyer lost important papers that Ana had to return to Korea to get but we had much bigger legal issues 6 years back as at that time she was not even a Filipino never mind a Korean we've had to fix so many things and the first lawyer screwed it all up unfortunately.
  13. Kuya
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    Kuya The Geeky One Staff Member

    I am going to Pinas for 2 months.... A good 60 days (ish). I got told it can take about 40 days as well. Though, with Joy being 26 I think it speeds it up a little, but not 100% sure:oops:
  14. KeithAngel
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    KeithAngel 2063 Lifetime Member

    I also dont know if the seminar has an age cut off point but having a kid and my age and previous marriage didnt change it for us ..not that we were time ltd

    Jhean asked on the 21st Jan for valentines and we were busyish from then on I dont know if she could have managed it alone with me just flying in that will vary according to temprement and experience
  15. oss
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    oss Somewhere Staff Member

    Yes I doubt if Ana had to go through the seminar for her first marriage 16 years ago, at least she has no recollection of it.
  16. Howerd
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    Howerd Well-Known Member Trusted Member Lifetime Member

    When my loved one sought her annulment it took about 15 months before her case was heard, that was December 1st last year. She was told it would take 90 days for the Court to make its decision. That decision is now 30 days late. Maybe we will have to wait a few more months too!
  17. oss
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    oss Somewhere Staff Member

    Our entire case rests on the law that allows recognition of divorce from a foreigner obtained abroad, problem is that if a Filipina sought the divorce it will not be accepted by the Philippine authorities, the divorce has to have been sought by the partner.

    However the only divorce in Korea is consensual divorce, so our's is almost a legal precedent for them, in principal as we have supplied every document possible and the court has heard Ana's evidence they should make it a formality as she had no other choice as to how to get divorced and the spirit of the law is to prevent the absurd situation where a Filipina is married to a foreigner who is not married to her.

    So we can but see what they decide, just have to wait, but the recent case hearings have been very close together so maybe they will want to get it off their hands reasonably quick.

    I hope your partners case gets processed soon Howerd.
  18. Howerd
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    Howerd Well-Known Member Trusted Member Lifetime Member

    OSS...

    From what little I have read about your case, it does appear legally complex and time-consuming. You must have spent lots of time looking at numerous options, such as avoiding the need to get the divorce recognised by the Philippine Courts and getting married/living outside of the Philippines.

    At least in our case, we knew what the goal was from the outset - an annulment of a marriage between two Filipinos married in the Philippines. Not particularly complex, but more time-consuming than either of us had thought.
  19. oss
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    oss Somewhere Staff Member

    Yes we did consider everything, might still have too :)

    I always had the goal of fixing Ana's life she had no citizenship and also could not marry again, we have almost fixed it all, it is not my intention to dive straight into marriage as neither Ana nor I are particularly bothered about formal marriage we only need it if we choose, in the immediate future, to live in the UK and right now that is actually difficult for various reasons.

    Later in life I would like to have some rights in the Phils but it is not something I need now but I don't really want us all apart as we are now and that is the next challenge after we fix our current issues and that probably means marriage.

    The annulment route is so hard though, I understand that, so very hard for so many Filipina's, surprised you say 'not particularly complex' :) but I did know it was both expensive and very time consuming as our original lawyer thought that was the route required for Ana, total numpty he was and is out of business now too. :)

    I am interested in the overall timespan for marriage and that was part of the reason I started this thread just to get a feel for how well planned it would all have to be. For me if anything went wrong I would go over my limit of 21 days holiday (15 days annual leave) and visa and would have to have contingency plans in place in case things did go wrong with papers etc.
    Last edited: Apr 3, 2011
  20. Howerd
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    Howerd Well-Known Member Trusted Member Lifetime Member

    I only say it was not particularly complex getting an annulment between two Filipinos married in the Philippines as there are well-trodden procedures to follow and, at least in my loved one's case, there has been almost total co-operation by her husband.

    The only real 'hiccup' so far has been my loved one's reluctance to ask me for money to pay for the annulment, so I took it upon myself to send her more money telling her to use it in the subsequent Visa application or for any emergency that arose. But that has back-fired somewhat with the collapse of Banco Filipino!

    At least her lawyer is convinced that she will get an annulment, so I think the only real hurdle to her coming here is the UKBA interview. The CFO seminar only seems to be a formality for people of sound mind.

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