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Divorced but no Annulment

Discussion in 'UK Visa and Immigration Help' started by Pedro, Jul 28, 2020.

  1. Pedro
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    Pedro Member

    Hi.
    Does anyone know if it’s possible for a Filipina to remarry abroad (like in the UK) if she is legally divorced abroad but not yet filed annulment in PI?
    I’m thinking a sticking point could be that she wouldn’t be able to apply for a UK fiancé visa even though divorced outside PI as she’s married in PI?
    Thanks
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  2. bigmac
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    bigmac Well-Known Member Trusted Member

    (we went though all this when my fiancee applied 5 years ago.)

    where was she divorced ? is it recognised in the UK?
    where is she living now ? could you get married first somewhere other than the UK ?
    does she intend to ever visit the Philis after she is married to you ?
  3. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    A common misconception is that Filipinos in the UK cannot divorce if married in the Philippines. This is wrong, but you need to distinguish between the validity of divorce in the UK and the Philippines. Picture this, Mario and Petra married in the Philippines, where they both lived. Petra left for the UK and now lives here. Unfortunately, the relationship has broken down and Petra wants to end the marriage. Both Mario and Petra are Philippine nationals. She also wishes to remarry in the UK. Petra now asks:



    Can she divorce Mario, and will the divorce be valid in the UK? If so, can she remarry in the UK?



    Petra is now living in the UK. English law requires that she is “habitually resident or domiciled” in the UK. This means that she must consider the UK as her residence and this is regardless of her immigration status. Factors that point to residence include the length of time she has been living in the UK. This means that Petra can petition for divorce and this will be valid in the UK.



    A valid divorce means that Petra can properly remarry in the UK. However, their (divorce and marriage) validity may well be different in the Philippines.



    The validity of Petra’s divorce in the Philippines will depend on Philippine law. Her divorce is not recognised in the Philippines and the only way to dissolve her marriage there is by way of an annulment. It also follows that Petra and Mario are still married in the Philippines. This certainly produces a strange and contradictory position as Petra’s divorce and remarriage is valid in the UK but not in the Philippines. The reason for this is the incompatibility between English and Philippine Family law.



    If Petra is planning to remarry in the UK, the good news is that her subsequent marriage is valid here and has the full force of English law. It is important that you do not fall foul of either jurisdiction as it is crucial in ensuring the validity of the second marriage. For example, if Petra wants to apply for a visa to remain in the UK or if she were to leave the UK to apply from the Philippines and return as a spouse. In this case, she will need to provide evidence that her second marriage is valid. Incidentally, an application for a spouse visa even if made from abroad will invite the application of English Immigration law. This means that an Immigration officer is required to recognise Petra’s divorce and subsequent marriage in the UK.



    The incompatibility between the two legal systems can also impact on division of assets, custody of children and even criminal law. So, the moral of the story is, obtain advise before embarking on divorce and remarriage.
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  4. bigmac
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    bigmac Well-Known Member Trusted Member

    my wife was here in the UK before she met me--on a student visa. she was married to a filipino beforehand. they had been separated for 5 years. she filed for divorce here in the UK---on the grounds of 5 years separation--no consent needed.

    i was also divorced.

    we did consider getting married somewhere else--hong kong maybe--then she could have applied for her spouse visa from the philippines--and her UK divorce and marriage would have been recognised here-obviously.

    but we didnt. she also then applied for annulment--which took 18 months--and cost me 2 grand.

    the problem will be--if her fili marriage is not annulled--she could face serious dificulties later on if she chose to go back for a visit--or for good. also--how would she get her cfo cert?--to leave the country.
    • Informative Informative x 1
  5. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    I am curious! Did your wife get any documentation from the Philippines court to say she was divorced and the marriage annulled?
  6. bigmac
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    bigmac Well-Known Member Trusted Member

    yes--she got a document from court.
  7. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    do the UK registrars ask to see it?
  8. bigmac
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    bigmac Well-Known Member Trusted Member

    no. just her UK divorce decree
  9. Pedro
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    Pedro Member

    My GF is in PI. She got married in PI but Has been separated for 5 years. Husband has been working in Canada since. He’s looking to divorce in Canada.
    If so I’m wondering if that helps in anyway of my gf making it to the U.K. with the intention of us getting married?
    Yes, she’ll be intending on returning to PI to visit family on occasions.
  10. bigmac
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    bigmac Well-Known Member Trusted Member

    i think your g/f will need to get an annullment--nothing to do with the UK--just for her future with the PI.

    meantime--whats to stop you marrying outside the UK--then she can apply for a spouse visa.?
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  11. Pedro
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    Pedro Member

    Hi. So you mean get a divorce in say Canada. Marry in let’s say Singapore, then get a spouse visa to get to the U.K. while the annulment is processed?
  12. bigmac
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    bigmac Well-Known Member Trusted Member

    ive no idea about divorce rules in those places.

    in my case it was suggested--as my (now) wife had by then got her UK divorce---that we each meet in las vegas and get married there. then she apply for spouse visa from the philis.
  13. Pedro
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    Pedro Member

    I’m guessing the complications would be related to reentering PI while annulment is in progress. She’d need to retain her current surname. Then that might add suspicions if her name wasn’t mine when applying for a U.K. spouse visa.

    annulment is ultimately the way forward .... tick tock tick ...
  14. bigmac
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    bigmac Well-Known Member Trusted Member

    my wife still goes by her married filipina surname. renewed her fils passport last year. probably not change it--no real point.. shes been back a few times since we got married...but some of her ex husbands family dont know about us. whoops.
  15. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    You are going to firstly have to find a country your gf can enter with either a short term visa or no visa that will be in a position to do the divorce( unless you find a country you that you can do the divorce by post)
    Once divorced make similar arrangements for marriage.
  16. Pedro
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    Pedro Member

    Really appreciate the feedback. Gives us hope. Especially under the current crappy world crisis :like: .

    It would be great to hear from anyone who’s travelled to the U.K. on a spouse visa whilst still officially married in PI (awaiting an annulment).
  17. bigmac
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    bigmac Well-Known Member Trusted Member

    i THINK!--once she has a spouse visa--there will be no issue entering the UK. UK immigration arent concerned with the peculiar foibles of a stone age culture.

    our situation was different--my fiancee came in on a settlement:marriage visa ( commonly called a fiancee visa ) her getting it she had to prove she was legally free to marry me--hence the need for annulment...although it was suggested elsewhere we could try with just her UK divorce as proof of singleness...but i didnt want to risk a refusal.

    but once you 2 are married--provided it is recognised in the UK--then i see no reason why she couldnt get a spouse visa--provided of course that YOU--her sponsor--meet the criteria ( do you ? ).

    the other thing--we never notified the phili embassy we got married--supposed to within the first year ( whoops ). so i dont suppose the philippines authorities know. she still has her phil passport--and has used it several times--and renewed it.
  18. Pedro
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    Pedro Member


    I’m sure I meet the requirements. I was divorced in UK over 15 years ago. Have my own house, savings and work.

    I think the concern would be departing PI. My gf went to Singapore last year on a short holiday. Immigration in Manila on departure asked lots of questions, like where’s her husband etc.
  19. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    As you pointed out in an earlier post the CFO sticker might be a sticking point even with a spouse visa.
  20. bigmac
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    bigmac Well-Known Member Trusted Member

    Im sure it would..but what about a short trip to..say hong kong..with a throw away return ticket..then a different flight to UK. Is that dooable?

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