It might be a bit like jinxing the relationship you are about to enter into by talking about the ending of a marriage, but the reality for many foreigners who find their soul-mate in the Philippines is that she could already be married to someone else. The common misconception is that there is no divorce in the Philippines. This is not technically correct. You can end a marriage, but it isn’t easy, quick or inexpensive.
What is Divorce?
Divorce is the ending of a legal marriage, so the first thing to consider is whether the marriage itself is legal. Many, believe it or not, aren’t, or rather they might not have completely complied with the relevant legislation that governs marriage in the Republic of the Philippines. This is The Family Code. The Family Code, Chapter 1, Article 1 defines marriage as: Continue reading
Whilst we at Down Under Visa wish that all our clients end up with happy marriages that go on forever, sometimes it doesn’t work out and they fail. So let’s clear up a few things.
First thing, before you do anything else, unless the permanent partner visa (Subclass 820 or Subclass 100) has been granted then you have a legal obligation to tell the Department of Immigration and Border Protection. You need to call up the 131 881 number or go into the nearest office and withdraw your sponsorship! If you don’t tell them, then you are breaking the law. Don’t think “Oh, but I don’t want to be responsible for her being deported.” It’s not your decision to make. Continue reading
The Family Code of the Philippines states:
Art. 26. All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35 (1), (4), (5) and (6), 3637 and 38. (17a)
Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law. (As amended by Executive Order 227)
We just had a client contact us because an attorney in Philippines had told him he must get an annulment done in Philippines because he had married his estranged wife in Philippines. And it was going to take a very long time and cost an exorbitant sum. Continue reading