Marriage status validity help

Hi all, thanks for the approval to join you guys for some discussions.

Here's the story.

Dad was married in the Philippines as a Philippines Citizen in '67.
He separated from the woman in '86, and has a certificate recording this.
He then became a British citizen and married in England to another lady in '95.

My questions is, due to the length of separation and that Dad is no longer a Philippines Citizen, in the UK eyes, can the marriage be considered as dissolved?

Also, can anyone confirm that the marriage in England is valid or not?

We hope the former is dissolved and the latter is valid but would love to know this is the case. Thank you and I look forward to reading your replies and discussing this with you.

hi--welcome to the forum

so--just exactly what is this "He separated from the woman in '86, and has a certificate recording this."---?

Thank you Bigmac.

It is that we have an official stamped certificate from the municipal/mayor time stating that Dad and the wife separated in 86 and that the certificate can be used for whatever legal purpose it may serve.

It would be nice to see if this carries weight and supports our outcome.

ive never heard of it.

all i can say--is there is only 2 ways to end a marriage between 2 filipinos-----death or annulment.

Yeah I hear that but considering done under different nationalities and twhether it is recognized in the UK law might have another meaning.

If in Philippines then it would stand but with the added info. who knows, well, hopefully somebody on here does!

Thanks Bigmac.

well--it obviously depends what your dad declared at the time he married in the UK. but unless his filipine 1st marriage was ended by death or annulment--then he is still married under fili law. which means his UK marriage isnt valid.

Thanks. Okay I hear you. What about under UK law, since he also didnt register the initial marriage here.

with a UK wedding ceremony the couple are asked if they have been married before--and how the marriage ended. also--" i know not of any impediment---etc." ive no idea what your dad declared---or didnt. do you think his current wife knows about all this ?

are either of his wives your mother ?

Im afraid technically your dad is still married.

Legal separation in ph only means that - the husband and wife are not living together ('separated') pending any final decision but are still married. As stated by @bigmac, only death or annulment can dissolve a marriage under the ph constitution (different situation if you are married under shariah law, where divorce is allowed and easily granted, but thats a different story).

I dont know the implication of this specially in relation to inheritance or the validity of the 2nd marriage etc.

It doesnt matter which country the marriage took place, if you are married in ph, you cant get married elsewhere. This is the reason why a lot of the members of the forum has paid a lot of money to annul that marriage in ph.

I have heard a lot of cases in the US where a husband or a wife have married a US citizen in order to get a greencard. The partner back in ph files a case against the husband/wife in US and some unfavorable ruling have been made (i am not aware of the same case in UK).

I know that is a different case or scenario but im saying the first wife can possibly run after your dad if that is the case (those are not unheard of in ph).

i can only advise that your dad---and his UK wife ---each seek legal advice

Hate to say it, but I think your dad has got 2 wives.

Insanity sometimes works


http://news.bbc.co.uk/1/hi/programmes/from_our_own_correspondent/9509519.stm

Yes, the latter.

Does a nationality change bear any change on the status?

Also, even in the case that can a certificate of confirming separation used as part of an argument against the marriage?

Yes, thats the route Ill eventually go down.

I hear yah.

I should mention however that Dad has passed away, hence this situation has risen.

Good guess, mid 70's.

I appreciate that.

Without a will Im afraid, otherwise itd be crystal clear on who is entitled to what. He didnt name a beneficiary either!!! I know I know, but its just the way it is and thats what Im dealing with on top of of people from the Philippines (and Im pretty sure you know what Im talking about!).

I would say first marriage valid second isn't, you have a whole heap of problems to be honest. I would seek legal advice.
Be prepared for huge costs,good luck

Yeah, best just to get legal advice, waiting on a friend to get back as shes in that field but abroad for the next few days. I thought itd be a curve ball on forum but you just never know who might have info unless asked.

Well need that luck! Thanks.

It nust got complicated. Best seek legal help.

The thing is that for a filipino without any will, his estate would be divided like the following: legal wife 50%, children wll get the remaining 50% (i think, not sure if they have pushed through with removing distinction between legitimate and illegitimate child)

Now im not sure know how it will affect if the person has changed nationality etc (which law would be used or applied)

But i know of one case but he left a last will and testament. This guy was the brother of Former first gentleman mike arroyo, who died of cancer in the UK. He has named his 'mistress' (ie lived-in-wife for more than 5 yrs) as executor and main beneficiary but i think all children from both marriages benefitted equally. There was a case since the first wife complained but the Uk court granted/upheld his last will since cohabiting partners are considered married in the UK.

Research that case as it might help. But nonetheless, goodluck with everything.

Trust me, even wills can be contested.