Annulment and Divorce

[rasc00]

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.

If you are applying for a UK Fiancee Visa as a Filipino/Filipina National and are divorced but not annuled then s46(1) Family Law Act 1986 applies and the UK recognises the foreign divorce (non UK divorce), subject to the provisions of that Act.

Inside the UK, the General Register Office at Southport, England validates foreign divorces but not for Visa purposes - only on the request of Registration Offices where the 2 parties present themselves for getting married.

[rasc00]

Following up on the above post, I would urge applicants where a foreign divorce is involved (non UK divorce) to draw the Entry Clearance Officers attention to the above Act in their application as both VSO staff and some ECOs are not properly aware of the law, at the time of writing this.

[joebloggs]

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.

i rest my case