Divorce In Australia And New Zealand !

[aking9999]

The story so far :

 

You can get a divorce in Australia and New Zealand, if your Pinay has stayed here for 12 months or more, and you intend to live here permanently. The other additional Criteria is that you must prove you were married, ie Marriage certificate, that you have an address in Australia and or New Zealand. However if your Wife's first husband is in Phillippines you need to serve the papers on him, to enable you to complete the deal. This must be authenticated, and served by someone you know and not your wife or yourself !

 

Having served the papers, and got proof that they were served, you wait 42 days ( for Australia ) and then head to the divorce court and file a sole / Single file. Costs are $ 800.00 in Australia, and $ 211.50 in New Zealand !

 

In the case of Australia you can also as for an " Apostil " from the department of Foreign Affairs and overseas trade, to authenticate your Divorce Document, to further substantiate the validity of the Divorce.

 

Now Questions for the PA members, has anyone done this, ( got a divorce in Australia for their Pinay ) was there any problems when you returned to Pi ?

[Old55]

What you are saying is.....A married Filipino citizen living in Australia or NZ for more than twelve months can divorce their partner living in Philippines via Australia or NZ courts? 

[Mike S]

Costs are $ 800.00 in Australia, and $ 211.50 in New Zealand

.....

 

Hummmmmm ... doesn't cost as much to divorce a sheep as it does a kangaroo ..... interesting ...... sorry guys I couldn't resist :bash:  ..... the devil made me do it .....  :mocking:  :mocking:  :hystery:  :hystery: 

 

:cheersty:

[aking9999]

What you are saying is.....A married Filipino citizen living in Australia or NZ for more than twelve months can divorce their partner living in Philippines via Australia or NZ courts? 

That is my understanding, however what I am trying to find out is where the partner is placed when they come back to the Phillipines, are they liable to a charge of Bigamy, because Divorce is not allowed in either Phillippines or the Vatican.

 

I spoke to a member of the Federal Courts in Sydney yesterday and said exactly what I have posted, and he said yes, that's fine, however there have been problems with Aussie showing documents to Germany and Italy of a similar nature and that's why he suggested an apostil to your documents.

 

I am trying to find if there are any members who have been down this track and obtained a divorce for their ( new ) wife and it has been accepted by the Pi border or Government....

[ozepete]

I believe there is another requirement, that is to prove separation for a period of 12 months continuous. (NO bombing raids!!)

I also believe that although divorce is not permitted in the Philippines, divorce legal in countries like Oz and NZ is recognized by the Philippine authorities. 

 

Also, many years ago I checked with the Phils authorities and the situation was like this:

If one partner of a Philippine marriage is overseas and separated from the other partner for a minimum of 12 months continuous, then he / she can apply for divorce in that foreign country*. The Philippines recognizes legal divorce from other countries.

(*Difficult for foreigners to obtain in countries with Sharia law) 

Edited May 29, 2013 by ozepete

[aking9999]

I believe there is another requirement, that is to prove separation for a period of 12 months continuous. (NO bombing raids!!)

I also believe that although divorce is not permitted in the Philippines, divorce legal in countries like Oz and NZ is recognized by the Philippine authorities. 

 

Also, many years ago I checked with the Phils authorities and the situation was like this:

If one partner of a Philippine marriage is overseas and separated from the other partner for a minimum of 12 months continuous, then he / she can apply for divorce in that foreign country*. The Philippines recognizes legal divorce from other countries.

(*Difficult for foreigners to obtain in countries with Sharia law) 

 That last sentence is what really interests me, can you back this up with something written by a Pi government department or perhaps direct me to a source that could substantiate this please

[Jollygoodfellow]

DIVORCE OF AUSTRALIAN NATIONALS PREVIOUSLY MARRIED IN THE PHILIPPINES

Foreign divorce decrees are not automatically recognized in the Philippines. Australian nationals who were previously married in the Philippines intending to remarry in the Philippines after obtaining a divorce in Australia should check with National Statistics Office in the Philippines whether their divorce decree will be acknowledged by the local government.

Last Updated on Monday, 07 January 2013 13:56

 

http://www.philembassy.org.au/documentary-requirements-for-a-foreign-national-intending-to-marry-a-filipino-spouse-in-the-philippines.html

[ozepete]

 

I believe there is another requirement, that is to prove separation for a period of 12 months continuous. (NO bombing raids!!)

I also believe that although divorce is not permitted in the Philippines, divorce legal in countries like Oz and NZ is recognized by the Philippine authorities. 

 

Also, many years ago I checked with the Phils authorities and the situation was like this:

If one partner of a Philippine marriage is overseas and separated from the other partner for a minimum of 12 months continuous, then he / she can apply for divorce in that foreign country*. The Philippines recognizes legal divorce from other countries.

(*Difficult for foreigners to obtain in countries with Sharia law) 

 That last sentence is what really interests me, can you back this up with something written by a Pi government department or perhaps direct me to a source that could substantiate this please

 

Mate, I'm sure that was right but you would need to contact the Phils authorities or a lawyer to verify. This might help http://www.lepitenbojos.com/old/index.php?option=com_content&view=article&id=218:recognizing-a-foreign-divorce-in-the-philippines&catid=54:legal-notes-on-annulmentnullity-of-marriage&Itemid=88

[ABCDiamond]

I looked into this for someone a few years ago. And the answer was that an Australian divorce to her Filipino husband (married in Philippines), would be legal while she was in Australia.  However, she would not be considered divorced or annulled when in the Philippines, and to be fully legal she would also need an annulment done in the Philippines.  She had to do a Philippine Annulment due to needing to return at some stages.

 

If the person wanting a divorce will not return to the Philippines, then an overseas one will work OK.

 

Some details from the Philippine Consulate in Los Angeles (I can't locate the Australian one easily) at http://www.philippineconsulatela.org/FAQS-MAIN.htm#a3

 

 

The following illustrative cases are helpful in determining the effect of a foreign divorce on the marriage or legal status of a Filipino citizen:

 

 Case:  Pedro and Maria are both Filipino citizens when they got married in Manila in 1989. The following year, Maria migrated to Southern California. She later met John, a U.S. citizen, and both planned to marry. As Maria had a previous subsisting marriage with Pedro in the Philippines, she secured a divorce decree from a U.S. court to enable her and John to get married. The U.S. court granted a divorce decree dissolving Maria’s marriage to Pedro.

 

 Question:  Will the divorce be recognized under Philippine law?

 

 Answer:  No, the divorce decree obtained by Maria will not be recognized under Philippine law. Maria and Pedro were married in the Philippines, hence the laws of the Philippines, i.e. the Family Code of the Philippines, should determine how the marriage will be severed. Moreover, Maria is still a Filipino citizen.

Even though she is permanently residing outside of the Philippines, as a Filipino citizen she is still subject to the laws of the Philippines relating to family rights and duties or status, condition and legal capacity (Art. 15 of the Family Code).

Therefore, under the purview of Philippine law, the marriage of Maria and Pedro was not dissolved by the divorce decree issued by the U.S. court. Pedro is still the legal husband of Maria.

[Thomas]

Now Questions for the PA members, has anyone done this, ( got a divorce in Australia for their Pinay ) was there any problems when you returned to Pi ?

An American öiving in USA had divorced in USA his Filipina wife, who live in RP.

Result: He is divorced where he live,

but she is not...

=The divorce is valid elsewhere, but not in RP.

 

So I suppouse it's same in your case.

I have no idea if anyone bother if you don't try to marry in RP, but visit/live there. It's a risk RP count it as living with a separated, which they see as a crime and a deportation reason for the foreigner.