Jump to content
Sign in to follow this  
dgd

WANTED: Cebu divorce lawyer joint properties of foreigner

Recommended Posts

dgd

Need to start  initial discussions via email with someone folks can recommend from their own personal experience.

Anyone have recommendations for a divorce lawyer they know?

Share this post


Link to post
Share on other sites
Davaoeno
Just now, dgd said:

Need to start  initial discussions via email with someone folks can recommend from their own personal experience.

Anyone have recommendations for a divorce lawyer they know?

Just to clarify- you want a divorce lawyer in the Philippines who will give you legal advice ( supposedly for free?) - and who will do it by email?

I doubt that such a person exists

  • Thanks 1

Share this post


Link to post
Share on other sites
Jawny
7 minutes ago, dgd said:

Need to start  initial discussions via email with someone folks can recommend from their own personal experience.

Anyone have recommendations for a divorce lawyer they know?

Something that may help you is to provides some basic information about the marriage. As well, your citizenship and location may be useful. This is because if you live somewhere that allows divorce, particularly no fault divorce, you may be able to terminate the marriage ( divorce) and have that recognized here.  Are there children or property involved?

There are Filipino lawyers who moved away from the Philippines but are able to provide counsel, typically to fellow Filipinos. I lost my favorite lawyer when moved to Australia. 

If you’re hopeful of termination of the marriage, the term used here is annulment and much more complex. 

  • Like 2

Share this post


Link to post
Share on other sites
SkyMan
44 minutes ago, Davaoeno said:

give you legal advice ( supposedly for free?) - and who will do it by email?

I think part of the first discussion will involve fees.

  • Like 4

Share this post


Link to post
Share on other sites
shadow
1 hour ago, dgd said:

Need to start  initial discussions via email with someone folks can recommend from their own personal experience.

Anyone have recommendations for a divorce lawyer they know?

Considering there is no legal divorce here, there probably is not very many divorce lawyers. You can divorce her in your home country, and the divorce is effectively legal as it is in any country in the world except the Philippines and the Vatican. BUT, you cannot divorce her here, as yet. 

  • Like 2

Share this post


Link to post
Share on other sites
Davaoeno

You do appreciate that there is only one country in the world that has no divorce and that is the Philippines.

A divorce terminates a marriage.

An annulment on the other hand means that the marriage never even happened. 

  • Like 1

Share this post


Link to post
Share on other sites
RangerUp
18 minutes ago, shadow said:

Considering there is no legal divorce here, there probably is not very many divorce lawyers. You can divorce her in your home country, and the divorce is effectively legal as it is in any country in the world except the Philippines and the Vatican. BUT, you cannot divorce her here, as yet. 

You can get an annulment though, which (not surprisingly) costs way more  than a divorce would.

Quote

Prepare “a budget of P165,000 to P200,000, all inclusive of the cost for the psychological report,” says Alexander Llanes Acain Jr., managing partner at Guzman Tanedo & Acain Law. This amount can skyrocket even more if the process drags on or you do not satisfy the requirements, leading to more pleadings and appearances and fees.

 

 

Share this post


Link to post
Share on other sites
Jawny
Posted (edited)

If the OP lives in Canada, was married in Canada, he can get a divorce in Canada. The Philippine government will recognize the divorce by having a Regional Trial Court review and approve this. Then, PSA is advised. 

https://psa.gov.ph/civilregistration/problems-and-solutions/annotation-effects-divorce-declared-foreign-country

However, property distribution is more complex. There are also risks to the petitioner as the court may rule some support (alimony) is appropriate. 

A Filipino lawyer familiar with family law (as opposed to divorce. Per se) is who needs to be contacted. Of course, that was the initial query.  Just the same, the counsel from members is still valid. 

One more reference, though it comes from DFA in France. 

https://parispe.dfa.gov.ph/images/Forms/JUDICIAL RECOGNITION OF FOREIGN DIVORCE.pdf

Edited by Jawny

Share this post


Link to post
Share on other sites
shadow

I am somewhat curious about the mention of "joint properties". What type of properties? If any of it is Philippine real estate, it is not "joint property", it is "her property". 

  • Like 4

Share this post


Link to post
Share on other sites
oztony

An Aussie guy in Bacolod got 50% of his outlay back when the judge ordered the house be sold because the wife (who had kicked him out) could not prove that she had contributed 1 centavo towards the purchase of the property ... but I dare say different courtrooms will have different outcomes but at least there maybe a glimmer of light down the tunnel somewhere.

  • Like 6

Share this post


Link to post
Share on other sites
liquido
1 hour ago, RangerUp said:

You can get an annulment though, which (not surprisingly) costs way more  than a divorce would

Im curious..I understand the fee for an annulment is around 150-200 thousand pesos..Is that payable to the Catholic Church? If so,I can understand then why the church does not want to allow divorce in this country..

  • Like 1

Share this post


Link to post
Share on other sites
smokey

There is community property here true only the wife can own the land but the building and furnishings are. Martial assets.  If she dont budge just take your half 

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use, Privacy Policy and Guidelines. We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue..