Divorce in the Uk by Filipino Citizen

[ginapeterb]

I just want to ask if a divorce in the UK by a filipino valid?? what if that filipino has to go back to Phil. to seek entry clearance visa, will there be any problem??


Thanks:
iamsmart

A Divorce petition initiated by a Filipino citizen is not valid in the Republic of Philippines, the Philippine Family code does not recognize a foreign divorce, a Filipino citizen must inititate an anulment proceeding should they wish to dissolve a marriage they have contracted.

The only time a Filipino may have a marriage dissolved in the United Kingdom is if they have become a naturalized British Citizen, however, even if the marriage was dissolved through the British courts, (and you dont say if the Filipino is male or female) I am assuming the divorcee is a Filipina, if the divorce petition was initiated by a Filipina in UK, and she was married to a Filipino, it would not be valid in the RP, if the marriage was to a British Citizen, it would be valid in UK, but not in the Republic of Philippines, since at the time of the divorce petition, the Filipina is subject to the laws of the RP.

If the Filipina attempts to obtain entry clearance for the United Kingdom, that would tell me, that this person is either here on a tourist visa, a work permit, and or is undocumented, if undocumented, its highly unlikely that this person will be granted an entry clearance visa, as they will need to explain there absences from the RP, and also, there overstaying, secondly, if on a work permit, they would still legally be married as a Filipino Citizen, the only authority the Philippine Government will allow to dissolve the marriage of a Filipino citizen is their own, that is the Philippine courts.

I hope that helps.

[iamsmart]

Pete,

I think whether or not your British. anyone can file a divorce here in the Uk, as long as you domicile in the country for a year. I don't think this is right , especially British law has no juridicition on marriage of a filipino. That is why so many abuse it. Tha't what I believed. Since there is no divorce for Filipinos. Not unless they change their citizenship.

I have known several people who for them it worked. Got divorce here and got married as well. But as you've said it will not be honored under Phil. law .
The one I'm talking is a seaman (jumped ship) on a transit visa only.

(Thank you Pete)

iamsmart

A Divorce petition initiated by a Filipino citizen is not valid in the Republic of Philippines, the Philippine Family code does not recognize a foreign divorce, a Filipino citizen must inititate an anulment proceeding should they wish to dissolve a marriage they have contracted.

The only time a Filipino may have a marriage dissolved in the United Kingdom is if they have become a naturalized British Citizen, however, even if the marriage was dissolved through the British courts, (and you dont say if the Filipino is male or female) I am assuming the divorcee is a Filipina, if the divorce petition was initiated by a Filipina in UK, and she was married to a Filipino, it would not be valid in the RP, if the marriage was to a British Citizen, it would be valid in UK, but not in the Republic of Philippines, since at the time of the divorce petition, the Filipina is subject to the laws of the RP.

If the Filipina attempts to obtain entry clearance for the United Kingdom, that would tell me, that this person is either here on a tourist visa, a work permit, and or is undocumented, if undocumented, its highly unlikely that this person will be granted an entry clearance visa, as they will need to explain there absences from the RP, and also, there overstaying, secondly, if on a work permit, they would still legally be married as a Filipino Citizen, the only authority the Philippine Government will allow to dissolve the marriage of a Filipino citizen is their own, that is the Philippine courts.

I hope that helps.

[ginapeterb]

Pete,

I think whether or not your British. anyone can file a divorce here in the Uk, as long as you domicile in the country for a year. I don't think this is right , especially British law has no juridicition on marriage of a filipino. That is why so many abuse it. Tha't what I believed. Since there is no divorce for Filipinos. Not unless they change their citizenship.

I have known several people who for them it worked. Got divorce here and got married as well. But as you've said it will not be honored under Phil. law .
The one I'm talking is a seaman (jumped ship) on a transit visa only.

(Thank you Pete)

iamsmart

The point I am making is this: I can only give advice on the basis of the laws of each country, I am correct in saying that a Filipino may initiate a divorce petition in the UK, if married to a Filipino, but only if that petitioner is a British Citizen will it be recognized, if the petitioner is a UK Resident but is a Filipino Citizen, the Philippine Authorities will not recognize the divorce in the UK, if a Filipino in UK is divorced by her British husband, the Philippine Government will recognize the divorce, and she may re marry again with their blessing.

Obviously what I am saying here is people all over the world do things to curcumvent the laws of various countries, Filipinos are no strangers to that, but I cannot cover situations where laws are got around, only what those laws are. I hope that makes the position clear.