Divorce in Hongkong

[kimkryskatkate 0]

I want to go to Hongkong so I can file a divorce.How can this be? Or is this possible?

[kimkryskatkate 0]

I am legally married here in Philippines and we have been separated for like 8 years but annulment is really expensive.I'm planning to stay in Hongkong to get divorce..someone would help me please..

[chrmar 7]

Huh? Go to Hongkong to file a divorce on a marriage that took place in the Philippines?

[Anitafeliz 1,133]

The Philippines won't recognize a divorce and an annulment can be a long journey.

The US does not care where you divorce as long as you are free to marry....

But I'm sure the Philippine experts will advice better on this shortly.

Huh? Go to Hongkong to file a divorce on a marriage that took place in the Philippines?

[EM_Vandaveer 2,387]

Your other option is to obtain a Muslim divorce in the Philippines (you'd have to convert to Islam first), that's recognized by the Philippines.

Edited November 24, 2016 by EM_Vandaveer

[chrmar 7]

Your other option is to obtain a Muslim divorce in the Philippines (you'd have to convert to Islam first), that's recognized by the Philippines.

I think not anymore..

http://www.visajourney.com/forums/topic/613460-cr1-with-sharia-divorce-refusal/#entry8346769

[Pitaya 2,577]

~Moved from Intro.Memb. to Phil. Regional Forum~

~Inquiry about Phil. marriage laws, not immigration-related~

[aaron2020 11,651]

Courts have to have jurisdiction over a case in order to hear it. Local courts don't deal with foreign people with foreign problems. No reason for a local Hong Kong court to hear a divorce case by a Filipino in HK temporarily over a marriage to a Filipina living in the Philippines.

[EM_Vandaveer 2,387]

I think not anymore..

http://www.visajourney.com/forums/topic/613460-cr1-with-sharia-divorce-refusal/#entry8346769

WOW, that's a pretty recent change. I remember a thread not so long ago where OP's mother divorced in sharia court in the Philippines after converting to Islam (at the time of the marriage she was still a Catholic) and VJers advised her how to properly get the divorce registered with the civil authorities.

I suppose I'm not too surprised that the Philippines government decided to close this loophole.

[Sagot 1,548]

I want to go to Hongkong so I can file a divorce.How can this be? Or is this possible?

You would have to check with Hong Kong for their requirements for filing the divorce. As you know the divorce would not be accepted within the Philippines but it would be accepted for the rest of the world, and for a U.S. visa process

Your other option is to obtain a Muslim divorce in the Philippines (you'd have to convert to Islam first), that's recognized by the Philippines.

That is not an option.. Philippines has come down hard and heavy on those trying to do that. If not married as a muslim you can not get divorced as a muslim.

[Cyberfx1024 7,980]

WOW, that's a pretty recent change. I remember a thread not so long ago where OP's mother divorced in sharia court in the Philippines after converting to Islam (at the time of the marriage she was still a Catholic) and VJers advised her how to properly get the divorce registered with the civil authorities.

I suppose I'm not too surprised that the Philippines government decided to close this loophole.

Yeah it started within the last month. So now the person had to have been a Muslim when married in order to be divorced by sharia court. Edited November 24, 2016 by cyberfx1024

[Greenbaum 12,259]

Yup Muslim divorce is no longer an option unless you convert and then marry Muslim.

[Greenbaum 12,259]

Here is the recent interpretation.

FAMILY 102.3 states that the "underlying principle in determining the validity of the marriage is that the law of the place of marriage celebration controls." In the Philippines, a marriage under the Civil Code of the Philippines may only be terminated through annulment, being declared void ab initio, or through the death or legally presumed death of a spouse.

However, the Code of Muslim Personal Laws of the Philippines (MPL) permits divorce under narrow circumstances for Filipino Muslims. Article 13 of the MPL states, in relevant part:

(1) The provisions of this Title shall apply to marriage and divorce wherein both parties are Muslims, or wherein only the male party is a Muslim and the marriage is solemnized in accordance with Muslim law or this Code in any part of the Philippines.

(2) In case of marriage between a Muslim and a non-Muslim, solemnized not in accordance with Muslim law or this Code, the Civil Code of the Philippines shall apply.

Philippine law does not recognize the validity of the applicants Sharia divorce because the Family Code is the first or sole legal basis of her underlying marriage. In this case, following the 2009 civil marriage, the applicants spouse subsequently converted to Islam and obtained a divorce under Sharia (Islamic law). Even if a Sharia court accepted and adjudicated the petition for divorce, its decision is not legally binding because the applicant and ******* did not marry in accordance with Muslim law or the MPL. Consequently, the applicant was not free to enter into marriage in 2015 and therefore, does not qualify for the CR1 visa category being sought.

Edited November 25, 2016 by Greenbaum

[Tahoma 2,291]

Does your husband live in Hong Kong? If so, then he could file for divorce in Hong Kong. Once divorced, you could have your divorce recognized in a Philippines court, a less expensive and faster process than an annulment.

Come to think of it, this could also work if your husband was a resident of any country other than the Philippines.

If you were allowed to file for divorce in Hong Kong, you would be able to get a fiancee visa at the U.S. Embassy Manila. However, I'm not certain if you would be allowed to get the necessary sticker in your visa from the Commission on Filipinos Overseas (CFO). That may be a stumbling block because a CFO sticker would be necessary in order to board your flight to the U.S.

Another possible option is to get a divorce in Hong Kong, stay in Hong Kong for your fiancee visa interview and, once you receive your visa, fly from Hong Kong to the U.S. thereby avoiding the CFO.

[Sagot 1,548]

No issue with CFO and the divorce, there are 3-4 that I know of with foreign divorces none had issue with CFO.