PDA

View Full Version : Hi



Reichelle
18th October 2011, 11:03
i hope i dont copy question already asked :doh my situation is i met man in Manila, British man, he already married to Filipino but they seperate already, we would like a future togeather his wife has a agreed to a divorce , they marry in Makati and we know annulment is difficult, if he gets divorce in uk can i marry him , any help would be good :Wave:

grahamw48
18th October 2011, 14:12
I hope so, otherwise I won't be able to marry a Filipina again. :Erm:

My ex-wife and I were married in Manila, then later divorced in the UK.

She has now married a guy from Sweden (in Sweden), so must be possible.

As long as AFTER his divorce your man can produce a CNI (certificate of no impediment....to marry) from the UK, and you can show the UK authorities one for you also, then I can't see why you couldn't come here on a fiancee visa and marry him here in the UK under UK law. :)

Reichelle
24th October 2011, 20:06
If you were married in the Philippines then you are only able to seek an annulment under Philippine Law for the marriage to be legally recognised as ended in the Philippines.

If you were married in the Philippines but are no longer resident in the Philippines then it is possible to obtain a divorce in the country where you are resident, subject to the laws of that country. This divorce will not however be recognised in the Philippines and if you re-marry outside of the Philippines then you would be regarded as a bigamist if you return to the Philippines. Bigamy carries up to 12 years imprisonment in the Philippines.
:yikes: DONT UNDERSTAND CAN YOU EXPLAINE THANK YOU

Terpe
24th October 2011, 21:48
If you were married in the Philippines then you are only able to seek an annulment under Philippine Law for the marriage to be legally recognised as ended in the Philippines.

If you were married in the Philippines but are no longer resident in the Philippines then it is possible to obtain a divorce in the country where you are resident, subject to the laws of that country. This divorce will not however be recognised in the Philippines and if you re-marry outside of the Philippines then you would be regarded as a bigamist if you return to the Philippines. Bigamy carries up to 12 years imprisonment in the Philippines.
:yikes: DONT UNDERSTAND CAN YOU EXPLAINE THANK YOU

I believe you misunderstand.
Please take some time to review and understand:-
EXECUTIVE ORDER NO. 209, THE FAMILY CODE OF THE PHILIPPINES, July 6, 1987, Art 26

Do some follow up research and 'Google' the various detail and some caselaw.

If a foreign national files for the divorce and has given the Philippine spouse a registered copy of the final divorce decree, both foreign national and the Philippine spouse can remarry again within the legal boundaries of the Philippines.
After complying with the procedure in having the foreign decree of divorce judicially recognized here in the Philippines,the Filipino spouse may validly remarry.

If you’re a Filipino national, it doesn’t matter where in the world you file for divorce (ie Petitioner), such divorce is not recognised as valid in the Philippines.
(Note however that the reckoning point is not the citizenship of the parties at the time of marriage, but the citizenship at the time a valid divorce is obtained abroad by the petitioner) Means, at the time of divorce, a dual national has best of both worlds.

It's a very interesting issue. Please do try and discover facts.

grahamw48
24th October 2011, 21:54
My ex DID have her British naturalisation (and presumably passport.....though I haven't seen it) before our divorce went through here.