Filipina seperated 20 years and re Marriage

[mickcant]

Hi all,
This seems rather complicated but hopefully someone can advise.
I know a Filipina who has been working in Dubai for the past nine years, and has been separated from her Filipino husband for twenty years.
She has children in the Philippines living with relatives who are all over twenty now.
She met an English man at work in Dubai five years ago and they have been together since then,
But the man has now returned to the UK for work reasons.
For her to marry her English boy friend would she have to return to the Philippines and try to get an annulment which I understand could take two years or could that be done while she is still working in Dubai?

To have an fiancée visa to marry in the UK, would she have to apply for that in the Philippines or could that be done from Dubai after she has her annulment?

She thinks that her husband is also working in Dubai but has had no contact from him.
Thanks for any thoughts.
Mick.

[maria_and_matt]

Hi all,
This seems rather complicated but hopefully someone can advise.
I know a Filipina who has been working in Dubai for the past nine years, and has been separated from her Filipino husband for twenty years.
She has children in the Philippines living with relatives who are all over twenty now.
She met an English man at work in Dubai five years ago and they have been together since then,
But the man has now returned to the UK for work reasons.
For her to marry her English boy friend would she have to return to the Philippines and try to get an annulment which I understand could take two years or could that be done while she is still working in Dubai?

To have an fiancée visa to marry in the UK, would she have to apply for that in the Philippines or could that be done from Dubai after she has her annulment?

She thinks that her husband is also working in Dubai but has had no contact from him.
Thanks for any thoughts.
Mick.

i think that after 20years its abandonment, easier to get annulment then. but yeah she has to go back to the philippines to do that.

[Mrs.JMajor]

As Maria said, she need to go back and do the annulment case, but if she just leave it to attorney, dont dare, it will take many years, so better she is in PI, court need her appearance though, she cant leave it and work in Dubai as it will take longgggg time, done my annulment exactly 9 months, depends how your lawyer works also

[miss.piggy]

Hi all,
This seems rather complicated but hopefully someone can advise.
I know a Filipina who has been working in Dubai for the past nine years, and has been separated from her Filipino husband for twenty years.
She has children in the Philippines living with relatives who are all over twenty now.
She met an English man at work in Dubai five years ago and they have been together since then,
But the man has now returned to the UK for work reasons.
For her to marry her English boy friend would she have to return to the Philippines and try to get an annulment which I understand could take two years or could that be done while she is still working in Dubai?

To have an fiancée visa to marry in the UK, would she have to apply for that in the Philippines or could that be done from Dubai after she has her annulment?

She thinks that her husband is also working in Dubai but has had no contact from him.
Thanks for any thoughts.
Mick.

As far as I know, there are ways on filing an annulment case (or any other cases) without coming to the Philippines, but it will only cost the same as coming back there. It would also help that your friend would get to speak with her own lawyer so she could discuss in full details her situation.

An Annulment case does not need to be in process for two years, it can be shorter (or longer) depending on the grounds given and depending on the court you'll submit the case too. Some trial courts are busier than others. Lawyers would normally know which best court to file the case for a quicker decision (and sometimes they use the "it's not what you know, but who you know" philosophy).

She doesn't have to be in the Philippines for long (as far as I know), she can just stay up to the time the case has been filed and just wait in Dubai for the decision.

:-)

[Mrs.JMajor]

As far as I know, there are ways on filing an annulment case (or any other cases) without coming to the Philippines, but it will only cost the same as coming back there. It would also help that your friend would get to speak with her own lawyer so she could discuss in full details her situation.

An Annulment case does not need to be in process for two years, it can be shorter (or longer) depending on the grounds given and depending on the court you'll submit the case too. Some trial courts are busier than others. Lawyers would normally know which best court to file the case for a quicker decision (and sometimes they use the "it's not what you know, but who you know" philosophy).

She doesn't have to be in the Philippines for long (as far as I know), she can just stay up to the time the case has been filed and just wait in Dubai for the decision.

:-)

I wouldnt agree to that for the 2 basis mspiggy, first my experience, that some one to be there, on the first for her to appear on her first trial, obviously Judge need to hear the whole story, and you need to sort your witness and so on.


Second to my friend experience, she leave her case and go to UK while waiting for her annulment decision or she leave after her appearance to the Judge,(I miss you Mrs Pearson) and after 2 years still no decision been made, because she isnt there, lawyer took it for granted, because her attorney know that her client wasnt in the PI.
But...here is the but..if she is not in a hurry, well, file the annulment case, appear on her first trial and leave, let see how long it will take

[miss.piggy]

I wouldnt agree to that for the 2 basis mspiggy, first my experience, that some one to be there, on the first for her to appear on her first trial, obviously Judge need to hear the whole story, and you need to sort your witness and so on.


Second to my friend experience, she leave her case and go to UK while waiting for her annulment decision or she leave after her appearance to the Judge,(I miss you Mrs Pearson) and after 2 years still no decision been made, because she isnt there, lawyer took it for granted, because her attorney know that her client wasnt in the PI.
But...here is the but..if she is not in a hurry, well, file the annulment case, appear on her first trial and leave, let see how long it will take

I appreciate your comment, but I'll stick to what I said for the reason there is a case I filed in the Philippines (not annulment, though) and I know for a fact that depositions and affidavits can be done abroad. The cost of this could get her a plane ticket back to the Philippines that's why I said it would be best for her to be back instead, as it could be a lengthy discussion of her life events and current situations. Plus, it's best that the lawyer could get information from her - first hand, and her lawyer could throw back necessary questions to strengthen her case.

Any case in the Philippines would last longer than expected if the lawyer representing his/her client would take the case for granted. As you said, your friend's lawyer did take the case for granted and that could be the reason why it is taking that long to get a decision. It has nothing to do with her being in the UK because I know for a fact there are ways to get a statement from either a Plaintiff or a Defendant although they are away. The lawyer could arrange all these. But certainly, there is also a value equivalent to this. There is no such thing as free nowadays.

So bottomline, get a good lawyer who would "actually represent you". This means a lot to any case. And so a lawyer who won't do his/her job properly is to blame for the lengthy procedure. Suggestion: change lawyer and get a good one.

[Mrs.JMajor]

I reply later muahh, need to go my new friend...

[miss.piggy]

I reply later muahh, need to go my new friend...

awww....be back huh. Love exchanging views with you!

[Mrs.JMajor]

I'll stick to what I said for the reason there is a case I filed in the Philippines (not annulment, though)

So,will go case to case basis here

So bottomline, get a good lawyer who would "actually represent you". This means a lot to any case. And so a lawyer who won't do his/her job properly is to blame for the lengthy procedure. Suggestion: change lawyer and get a good one.

I will go for you in this case, but what if my friend already paid a package deal,it so happen when she go to UK, she full paid the attorney, so she cant refund it anymore,

I go to package deal also, but to the fact its installment pay,so everytime we had hearing,I pay 20k every met till I finish the said amount as well as the case, I even didnt pay the balance till the decision didnt come,

Ok, back to topic about Mick, I think she need to go back to PI, file the case, and even the husband wasnt in PI, thats better to make the case moving because he got nothing to do in the hearing thou. just make sure before she go back to Dubai, settle everything to her lawyer (dont pay full the attorney's fee) and have agreement to lawyer how long would it take and always make black and white and everything. then she can go back to Dubai and wait for decision. but the thing is even once the decision come out, she still loads of things to do to register that she is annuled in N.S.O

[IainBusby]

Hi all,
This seems rather complicated but hopefully someone can advise.
I know a Filipina who has been working in Dubai for the past nine years, and has been separated from her Filipino husband for twenty years.
She has children in the Philippines living with relatives who are all over twenty now.
She met an English man at work in Dubai five years ago and they have been together since then,
But the man has now returned to the UK for work reasons.
For her to marry her English boy friend would she have to return to the Philippines and try to get an annulment which I understand could take two years or could that be done while she is still working in Dubai?

To have an fiancée visa to marry in the UK, would she have to apply for that in the Philippines or could that be done from Dubai after she has her annulment?

She thinks that her husband is also working in Dubai but has had no contact from him.
Thanks for any thoughts.
Mick.

I think that after 20 years separation she would be better to file for "Presumptive Death". This can be done if she hasn't seen her husband for 4 years, or 2 years if the lat time she seen him was in "Dangerous Circumstances", whatever that means.

This is a much faster process than annulment (6 months or so) and is usually considerably cheaper. She would have to go to the Philippines to initiate the whole process and I think she would have to attend at least one court hearing.

The problem is that if she is not in the Philippines, her attorney would be likely to try to milk the situation with demands for extra money for unforseen expenses for this and that and once the money starts rolling in, it would then be in his interest to drag things out as long as possible.

The only way around most of the problems would be to get a fixed price for the whole procedure, with an agreed payment structure which means that the bulk of the money (or at least half) is paid on completion of the whole process and get that agreement in writing before engaging the attorney or handing over any money. It would also be wise to get a relative to act on her behalf with regard to dealing with the attorney while she is not there.

Iain.

[Mrs.JMajor]

Hard to file "presumptive death" Iain, my attorney explain to me all the consequence, you need to ask a copy of death certificate from National Statistic Office, so she cant get one because obviously he isnt dead yet, second the court will gonna see his (her husband) relatives to confirm where is he, so do you think that the relatives will agree to her that he is dead, third if they find he is still alive that is falsification of documents presented in court (although we know a lot of falsification stuff in PI can be made )

When I attend a hearing I heard that case, a wife filing a case "Presumptive Death" a lot of question asked her, and the court is thinking that she only just want to get married again, that is why?

Your last paragraph is acceptable enough (my mentor Iain)

[NtoN]

I agree to have an agreement with the lawyer. See to it that you have an engagement agreement that would stipulate your mode of payment for things like acceptance, hearing & disbursement fees. Per my former boss who is now a Judge, it is best that in all stages of the proceedings, as a Petitioner in this case, you must be present at all times. Be careful when choosing a lawyer. Always ask for a hearing report & be furnished with all the legal documents that the lawyer files/receives.

[IainBusby]

Hard to file "presumptive death" Iain, my attorney explain to me all the consequence, you need to ask a copy of death certificate from National Statistic Office, so she cant get one because obviously he isnt dead yet, second the court will gonna see his (her husband) relatives to confirm where is he, so do you think that the relatives will agree to her that he is dead, third if they find he is still alive that is falsification of documents presented in court (although we know a lot of falsification stuff in PI can be made )

When I attend a hearing I heard that case a wife filing a case fir that Presumptive Death" a lot of question asked her, and the court is thiking that she only just want to get married again, that is why?

Your last paragraph is acceptable enough (my mentor Iain)

You don't need a copy of his death certificate. All that is supposed to happen is that the attorney "supposedly" advertises in newspapers etc and checks records with official government departments, in the areas where he has "supposedly" known to have lived, but what really happens is that the attorney deliberately looks in all the wrong places and of course, finds nothing. The important thing is that the ex doesn't find out whats happening....... at least until it's all over anyway.

The whole thing is a farce really, but if she is eventually going to be living in the UK anyway, there aint gonna be any comebacks. Trust me, I've been there, done that and as long as she gets a good attorney and keeps quiet about what she's up to, (walls have ears you know) then I really think it's the best thing for her to do.

A smart attorney will assume that her husband is still alive and he will also assume that she knows damn well that he is still alive because from what I've been told, very very few of these cases are based on a genuine belief that the husband is dead, it's just much quicker and cheaper than annulment.

Iain.

[Mrs.JMajor]

Her option is annulment. It would take her two years if the case is filed in a place were the case load is great. One year is the norm, but in some places it is only 6 months.

She can file it from abroad, that is by bringing the COMPLAINT FOR ANNULMENT, already prepared by her lawyer at the Philippine Embassy be notarized by a consul. Then send it back to the Philippines where the lawyer can file it in court. She should likewise a Special Power of Attorney for a relative or her lawyer to represent her in court so that she may not attend all the trial dates. However, her appearance is needed if its her time to testify. We tried to take the testimony of client in Canada through deposition to be conducted by a consul, but the process is more expensive that the plane ticket. But it is possible.

Get an honest lawyer, who will explain everything, lay all the requirements and expenses. Who needs a good lawyer anyway if he will be the cause of delays!

Mick for your friend

[mickcant]

Mick for your friend

Thank you Mrs JMajor, I will pass that on, that seems possible.
Mick.

[AttorneyCompany]

A marriage contracted by any person during the subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four (4) consecutive years and the spouse present had a well-founded belief that the absent spouse was already dead. In case of disappearance, where there is danger of death under the circumstances set forth in the provision of Article 391 of the Civil Code, an absence of only two years shall be sufficient.


xxxxxxxxxxxxxxxxxxxx

[Mrs.JMajor]

an absence of only two years shall be sufficient.

I doubt it, I ask my lawyer about that but he said hard enough to prove evidence for 2 years absence, my ex and I dont have any communication or nowhere to find for 5 years and I told all about it to my lawyer if I can pressumed his death, but he said its hard to give evidence as much as just file annulment, so we did annulment, and we made it

[Arturo]

i think that after 20years its abandonment, easier to get annulment then. but yeah she has to go back to the philippines to do that.

I an curios, why can't she contact a solictor in whatever country to make an application fro annulment in PI.

In Uk law if she advertises with the area she last knew her husband to be - for him to contact XXXX. NO reply she can legally assume he's dead onteh 7 year ruling.

It could also be that the ex, is married again ( it does happen I am told) or at least living with his latest family and not intersted in becoming involved with solicitors and courts.

I woul dsuggest a visit to an International layer/solicitor and ever the PI embassy for guidance.