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Enuff

Is divorce legal from abroad?

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Enuff

We have a family friend married to a Belgium man. I've never met because he visits only once per year. Apparently he is abusive and treats her like a dog. She wants him to divorce her but he will not. He is early 30s she mid 20s with child prior to marriage. I have looked and can't find anything about a contested divorce from abroad in any country. Does anyone have any ideas or thoughts so I can say I tried?

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colemanlee

Were they married here?  

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shadow
8 minutes ago, Enuff said:

We have a family friend married to a Belgium man. I've never met because he visits only once per year. Apparently he is abusive and treats her like a dog. She wants him to divorce her but he will not. He is early 30s she mid 20s with child prior to marriage. I have looked and can't find anything about a contested divorce from abroad in any country. Does anyone have any ideas or thoughts so I can say I tried?

For a divorce abroad to be legal for a Filipino, it must be initiated by the foreign spouse. Then there are channels one must go through to get it recognized by the NSO/PSA.

 

There was a bill in congress to allow it to be legal no matter who the petitioner was, but I don't think it has passed yet.

Edited by shadow
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Enuff

yes, married in Philippines 

 

I just read that divorce is legal in the Philippines but only for Muslims.

My research is complete, convert to Islam and divorce.

I'll tell the wife she can't be friends with her any more, cause we hate Mussies.

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colemanlee

This is a PDF on the filed bill....but what I wonder...though its expensive...cant she file for annulment ...if he only comes once a year...possibly abandonment?  Or a abusive relationship...it is the Philippines and surely they would believe her over a foreigner 

 

http://www.congress.gov.ph/legisdocs/basic_17/HB02380.pdf

 

forgot the damn attachment ....

Edited by colemanlee
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rizla

Surely the important point is where the marriage was held? If it was in the EU the EU laws apply if in the RP then RP laws apply.

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Enuff
15 minutes ago, colemanlee said:

This is a PDF on the filed bill....but what I wonder...though its expensive...cant she file for annulment ...if he only comes once a year...possibly abandonment?  Or a abusive relationship...it is the Philippines and surely they would believe her over a foreigner 

 

http://www.congress.gov.ph/legisdocs/basic_17/HB02380.pdf

 

forgot the damn attachment ....

annulment takes forever and costs are outrageous. 

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SkyMan
Quote

Is divorce legal from abroad?

I don't think we're allowed to call them broads any more.  :rimshot:

She could go OFW and get a divorce but it wouldn't be recognized in the RP.  Or she could hook up with another and get him to pay the annulment.  One thing she might look into is whether he is also married in Belgium?  I don't know if that's easily found out but might explain his being here only once a year to vent.

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colemanlee

Yea, I know...but unless the bill is passed, unlikely, what is the other choice?  Two guys on a bike?

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SkyMan
4 minutes ago, rizla said:

Surely the important point is where the marriage was held? If it was in the EU the EU laws apply if in the RP then RP laws apply.

Unless the marriage was reported here.  If there is an MC on file with the NSO, she's hosed.

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rizla
Just now, SkyMan said:

I don't think we're allowed to call them broads any more.  :rimshot:

She could go OFW and get a divorce but it wouldn't be recognized in the RP.  Or she could hook up with another and get him to pay the annulment.  One thing she might look into is whether he is also married in Belgium?  I don't know if that's easily found out but might explain his being here only once a year to vent.

I was going to suggest the same thought, once a year and agreed to getting married seems suspicious, a little detective work may pay dividends.

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SkyMan
2 hours ago, rizla said:

I was going to suggest the same thought, once a year and agreed to getting married seems suspicious, a little detective work may pay dividends.

If he is married in Belgium or somewhere else, he could be met by PNP here on his next arrival and she would have her out from the illegal marriage.  And she could probably arrange him to be met by police on his return to Belgium as well.

Edited by SkyMan
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A_Simple_Man
1 hour ago, Enuff said:

Does anyone have any ideas or thoughts so I can say I tried?

Does it have to be divorce?  Legal separation is allowed here, and then she can be sort of single and move in with whoever she wants with no repercussions.  It just means she could not re-marry in Philippines.  But if she ever left the country with another foreigner then she could get divorced/remarried under the laws of her new country and not care what the Philippines thought of it. (Just an opinion on that last part but its a fact that Legal Separation is allowed under family law here.)   Here is a link to get started:

http://www.manilatimes.net/legal-separation-decree-ends-marital-obligations-property-relations-court-awards-child-custody-to-innocent-spouse/22635/

EDIT:  Your opening post does not say what country she resides in but seems to imply that she lives in Philippines and he "comes to visit".  Is that the case?

 

Edited by A_Simple_Man

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bounder

My question on this topic, is he sending her money every month to survive?  If so, I don't think she could get him on abandonment if he is financially supporting her. 

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smokey

Yes it cost a lot and there is no guarantee it will be granted some judges are old school Catholics never happen some judges are more modern there is possiblities but not in a public forum to shop lawyers that are more in tune to help

Edited by smokey

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