Best Posts in Thread: Divorce

The husband is the surviving spouse so 50% of the property is his. Also if there are any children involved he has a share of the other 50% as an heir. For example if there are 3 children each child would get 25 % of the remainder along with the husband who will also get 25%. If there are no children this is where the whole thing turns into a rodeo. The husband still has 50% as surviving spouse but then the whole family turns into heirs as well and often has enough money or legal clout to make things very difficult for the surviving spouse to exercise his rights to remain in possession of the house or an offer could be made to buy him out. Finally ending up in court and possibly an unfavorable decision due to the judge deeming the offer was fair to the poor Filipino's who have no income and have lost their jobs. This happened to a friend in Valencia where the family were all working but quit Their jobs to pursue the case and get a favorable judgement.

 

AFAIK yes, a long term lease contract should prevent the financing party from being unduly evicted by the owning party upon a separation, or by her heirs in case of her death.
Moreover, under Philippine law, husband inherits from wife, so "her relatives" can't just confiscate the house after the owner dies. If the lady has children then obviously those children would inherit also. Parents, brothers/sisters don't inherit unless the lady is single and has no children at the time of death.

 

I know a Filipino in London who paid rent on his Council house for a few years and then bought it at a huge discount - now it must be worth at least £500,000 (about 30 million pesos). Time to make a country understand that how it treats aliens in its country is how its citizens will be treated elsewhere - but Western governments are just too 'kind'.

 

If all the politicians and oligarchs here were prevented from foreign property ownership and foreign currency deposits outside of the Philippines, i bet the foreign ownership laws on business and property would change real quick..

 

As far as I know this can't be true.
A Filipina can't get her passport in her married name unless the marriage is registered at PSA (formerly NSO).

 

Different countries different rules. In Denmark you can get divorced online in a few minutes, it cost 500 d.kr it's less than 4 k pesos if both agree though

 

In the Netherlands divorce has been possible since 1796, and since 1971 there's only one valid reason for divorce, the "irretrievably broken down" thing. If both partners agree about getting a divorce, it doesn't matter hoe long you've been married before applying for divorce, if it's a one sided application then it'll be granted if partners have been factually separated for at least one year.

 

The problem is though that a country can't have it both ways.
You can't as a country sign up to a treaty that commits you to respecting foreign marriages/divorces and then still want to check whether your laws have been respected.
It's either or, simple as that.
If the marriage was concluded under foreign law, then either you respect that (and the possibly ensuing divorce), or you don't.
It looks like the Philippines misguidedly wants to have their cake and eat it.

Obviously if the marriage was under Philippine law then it's a different matter.

 

I thought joining the rest of the World (minus the Vatican) and allowing divorce would be a priority for any new government here in the 21st century - but seems they prefer the problems associated with so many citizens being 'imprisoned' by the difficulty of ending a marriage. I know it is mainly due to the influence of the Catholic Church but was that also not a problem in many other countries?

So now you can be legally married to a 'divorced' (in another country) Filipino all over the planet but the moment the couple's feet touch Philippine soil, you are illegal. It seems from what you say that also you remain married in the Philippines until your own feet leave that soil. Crazy.

Add to the fact, I think, that a married man can have another partner but for a married woman it is an offence liable to imprisonment. More crazy.