Are we married. . . .

[Tony08]

We got married in Manila back in 2004, due to her having no birth cert. we paid a sum of money to get married due to her being pregnant at the time. So we paid the money, around 4,000 pesos and then a few days later we were married.

Since then the marriage has broken down and I don't want to be married to her any more, mainly due to her lack of willingness to arrange her documents to come to the UK and other reasons. We are been seperated for over a year and a half and as I understand things, as she is not willing to divorce then we have to wait for five years?

Can anybody offer any advice?

[KeithD]

You have to get an annullment in the Phil, you can't have a divorce here as you married over there.

[walesrob]

We got married in Manila back in 2004, due to her having no birth cert. we paid a sum of money to get married due to her being pregnant at the time. So we paid the money, around 4,000 pesos and then a few days later we were married.

Since then the marriage has broken down and I don't want to be married to her any more, mainly due to her lack of willingness to arrange her documents to come to the UK and other reasons. We are been seperated for over a year and a half and as I understand things, as she is not willing to divorce then we have to wait for five years?

Can anybody offer any advice?

Do you have any paperwork to show that are indeed married in the first place?

[ginapeterb]

Tony

Firstly, is your marriage registered in the Philippines with the NSO (National Statistics office) if you are in UK and your nationality is British Citizen, then yes you may seek to get a divorce in the United Kingdom and do so within Family court at your local county court in England and Wales, in Scotland at your Sherif's Court.

However, it sounds to me like your marriage was not registered with the NSO, you should have received a marriage contract on NSO Security papers.

If so, then you would need to properly arrange a divorce in the UK, the grounds based on your own admission, that she has failed to organize the necessary paperwork, (which is strange - but sometimes true), therefore she has no intention to come and live with you in the UK.

The grounds in the British Courts, would be unreasonable behavior, as there are no children to the marriage living in the UK, then this divorce should be reasonable quick, providing of course you can persuade your wife to play ball and sign the paperwork.

However and I repeat however, if she does not wish to be divorced, your only route is 5 years separation, or 2 years separation and consent.

You have already admitted that your wife does not wish to divorce, then you would need to find out if your marriage is legal, it sounds to me like you never received a NSO Marriage contract, if none exists, then your marriage is unlikely to be valid under Philippine law.

You may wish to investigate this, by visiting the Philippine Embassy in London at their new premises in Suffolk Street, you can ask a consular officer to investigate local checks in the Philippines to establish if your marriaqe has been recorded, if the answer comes back that their is no record.

Then guess what ? your are not legally married and would not need to obtain a divorce.

If you are registered, you should immedeatly pay the required fee and obtain a copy of your NSO Marriage contract, you will need this to effect any divorce in a British family court.

The lack of a foreign marriage document may cause a divorce case in the UK to collapse if you cannot obtain it.

Then if she refuses, go down the 5 years separation, which can be placed before the court in a sworn affidavit of truth.

Sorry if you have to go for 5 years, but its the only way out.

Best of luck.

[KeithD]

If you are doing it over here, go the court yourself & get the paperwork. You can do it all yourself for around £100, no need of a solicitor.