Annulments and Divorces in Philippines

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.

And if the visa isn’t granted yet, you need to contact the Embassy and also withdraw your sponsorship. Not only are you fulfilling a legal obligation, but you also need to ensure the visa does not get granted. If it is, then you will face a five year wait (Regulation 1.20J of the Migration Regulations) before you may sponsor another applicant.

Now, onto annulments!

Most would be aware that the Philippines regular legal system has no divorces. The way to end a marriage is via an annulment, which is anything but straight forward. If you have a lady in the Philippines who is still legally married, you cannot marry her or apply for a Prospective Marriage Visa for her until she is legally free to marry. Yes, he may have been the world’s worst husband, and maybe she hasn’t seen him for 14 years, but this has nothing to do with it. Marriages the world over are legally binding contracts, and the Philippines is no exception.

A marriage may be annulled in the Philippines if the lady can establish that one or both parties were psychologically incapable of understanding what a marriage commitment meant, thus allowing the court to declare the original marriage contract annulled. It’s long and drawn out, and requires psychologists reports and plenty of evidence to prove this psychological incapacity. And the outcome is by no means certain. It will take a year or more, more so if the other party is not cooperative.

And attorneys have been known to make these proceedings drag out considerably longer when they’re made aware that there is a rich white man in the picture. So keep a low profile!

I married a Filipina and it didn’t work out. Do I need an annulment?

Common misconception. Married in the Philippines, so surely must end the marriage in the Philippines?

Wrong!

Under Australian Law you may get a divorce in Australia for a marriage that took place overseas, and that divorce is legally binding in Australia. Consult a Family Law specialist lawyer in Australia about this, of course. We are not giving legal advice here. But if you meet all the other requirements for a divorce in Australia, then you may end your marriage in Australia with Australia’s “no fault” divorce laws. Cheap and relatively simple.

Will this divorce be recognised in Philippines?

Technically, yes. There is provision in the Family Code of the Philippines for divorces between Filipinos and foreign nationals to be recognised.

However….it’s not a simple matter to get that divorce registered here in the Philippines and to remarry in the Philippines.

Should you even try? I wouldn’t!

Get a divorce in Australia. And apply for a Prospective Marriage Visa (aka fiancée visa) and you can marry in Australia without any hassles. Take the path of least resistance!

Like to get an assessment of your case (for a visa) assessed for free by Jeff Harvie, Registered Migration Agent? Click HERE