A common misconception is that Filipinos in the UK cannot divorce if married in the Philippines. This is wrong, but you need to distinguish between the validity of divorce in the UK and the Philippines. Picture this, Mario and Petra married in the Philippines, where they both lived. Petra left for the UK and now lives here. Unfortunately, the relationship has broken down and Petra wants to end the marriage. Both Mario and Petra are Philippine nationals. She also wishes to remarry in the UK. Petra now asks:

Can she divorce Mario, and will the divorce be valid in the UK? If so, can she remarry in the UK?

Petra is now living in the UK. English law requires that she is “habitually resident or domiciled” in the UK. This means that she must consider the UK as her residence and this is regardless of her immigration status. Factors that point to residence include the length of time she has been living in the UK.  This means that Petra can petition for divorce and this will be valid in the UK.

A valid divorce means that Petra can properly remarry in the UK. However, their (divorce and marriage) validity may well be different in the Philippines.

The validity of Petra’s divorce in the Philippines will depend on Philippine law. Her divorce is not recognised in the Philippines and the only way to dissolve her marriage there is by way of an annulment. It also follows that Petra and Mario are still married in the Philippines. This certainly produces a strange and contradictory position as Petra’s divorce and remarriage is valid in the UK but not in the Philippines. The reason for this is the incompatibility between English and Philippine Family law.

If Petra is planning to remarry in the UK, the good news is that her subsequent marriage is valid here and has the full force of English law. It is important that you do not fall foul of either jurisdiction as it is crucial in ensuring the validity of the second marriage. For example, if Petra wants to apply for a visa to remain in the UK or if she were to leave the UK to apply from the Philippines and return as a spouse. In this case, she will need to provide evidence that her second marriage is valid. Incidentally, an application for a spouse visa even if made from abroad will invite the application of English Immigration law. This means that an Immigration officer is required to recognise Petra’s divorce and subsequent marriage in the UK.

The incompatibility between the two legal systems can also impact on division of assets, custody of children and even criminal law. So, the moral of the story is, obtain advise before embarking on divorce and remarriage.