What if your Filipina sweetheart is STILL MARRIED to someone else?

What Happens If Your Filipina Partner Is Still Legally Married?

This is one issue Australian men sometimes discover only after a relationship has become serious.

The Philippines does not currently have a general divorce law for Filipino citizens. If your Filipina partner is still legally married to someone else, the fact that they have been separated for years does not, by itself, mean that she is legally free to marry again in the Philippines. Even if she is "legally separated", and even if the ex was a very bad man, she is still married.

Annulment or Declaration of Nullity Will Be Necessary if you wish to marry in the Philippines

This is where things can become complicated.

If a previous marriage needs to be brought to an end under Philippine law, the relevant legal process will normally involve annulment or a declaration of nullity, depending on the circumstances of the marriage.

It isn't something you should assume will be quick or straightforward.

And if your partner is still legally married, don't simply book a wedding in the Philippines and hope the paperwork will sort itself out later.

Get the previous marriage situation properly understood first.

But What About a De Facto Relationship?

This is where Australian immigration law can be different from Philippine marriage law.

For an Australian Partner Visa, marriage isn't the only possible basis for an application. An eligible couple may potentially qualify as de facto partners if they meet the Australian requirements.

For Partner Visa purposes, there is generally a requirement to have been in the de facto relationship for at least 12 months immediately before applying, unless an exception applies.

The Department doesn't simply look at whether you call yourselves boyfriend and girlfriend.

It can consider the circumstances of the relationship, including your financial arrangements, household arrangements, social recognition, the length of the relationship, how long you've lived together and your commitment to each other. 

So There Can Be Two Separate Legal Questions

This is the important bit.

Philippine law asks whether your partner is legally free to marry.

Australian migration law asks whether you meet the requirements for the visa you're applying for, which can include recognition of a genuine de facto relationship.

Those are not necessarily the same question.

So if your Filipina partner is separated from a previous husband but cannot simply obtain a Philippine annulment, don't assume your only option is to wait until she can marry you.

Depending on your circumstances, a properly established de facto relationship could be qualifying for an Australian Partner Visa application.

But it has to be a real de facto relationship, supported by evidence, rather than simply describing yourselves as de facto because marriage isn't currently possible and because you "feel like a couple".

This Is One Area Where Getting Advice Early Makes Sense

If your partner has a previous marriage, don't leave this until you're ready to lodge the visa.

Find out:

• Is she still legally married?
• Was the previous marriage annulled or declared void?
• Was a foreign divorce obtained?
• Has that divorce been recognised in the Philippines?
• How long have you actually been in a relationship?
• Have you lived together?
• What evidence exists of your shared life?
• Which Australian visa pathway fits your circumstances?

Getting those questions answered at the beginning can save you a lot of trouble later.

A previous Philippine marriage doesn't necessarily mean your Australian plans are finished. But it does mean you need to understand both the Philippine legal position and the Australian immigration requirements before deciding what to do next.

Get a FREE VISA ELIGIBILITY CHECK from Down Under Visa, and explain your situation exactly!