# Annulment of Marriage Needed OR Not - De Facto Partners Visa



## che_1361 (Aug 22, 2013)

Hi. I am new here and I find this Forum simply amazing. If only I found this earlier and have become a member months ago maybe I already have the answers to my questions and confusions,

I am a Filipino citizen and my partner is an Australian citizen. I have been married here in the Philippines but me and my wife have separated years ago. No I did not apply for an annulment of said marriage for personal reason plus the fact that Annulment case in the Philippines takes at least a year or more to finish and is very costly.

Because of this marriage record, my partner cannot sponsor me for a Prospective Marriage or Fiancee Visa.

Now my partner and I planned that she will sponsor me with a De Facto Partners Visa [Sub-Class 309] after we have live together for 12 months, w/c we are doing now - living together here in the Philippines.

My CONFUSION:

Two (2) Australian Immigration Lawyer / Agent said that I do not need to have my marriage annulled to apply a De Facto Partners Visa, as long as we can show proof that we did live together as Partners for the preceding 12 months prior to lodgement of our Application..

But two (2) other Australian Immigration Lawyer / Agent advised us to have my marriage annulled first, otherwise our De Facto partners Visa application will surely be disapproved.

Which is which? Can anybody knowledgeable of my case please help me? Any good advise will surely be appreciated. Thank you.


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## CollegeGirl (Nov 10, 2012)

I understand that Mark Northam is one the agents who told you it did need to be annulled? Mark is very knowledgeable... so I would listen to what he has to say.

Now, it is MY understanding that, by the letter of the law, you do NOT need to get an annulment/divorce in order to legally apply for a de facto partner visa. On this board, there was actually a case of someone who was legally married to someone else being approved for a de facto visa with another person. She DID have to demonstrate that their relationship was permanently over... and I'm not sure exactly what went into that.

However - there is a difference between what the letter of the law is, and what actually happens IN PRACTICE with DIAC. Do they regularly deny applicants who apply with these same circumstances despite it not being against the law? Does the Philippines have specific regulations of their own that don't permit this? That's the kind of thing I just don't know. 

I'm actually going to send Mark a message about this myself. I'm curious if it's his understanding that it actually does violate the law.


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## CollegeGirl (Nov 10, 2012)

This thread is the one I'm talking about where a mod of this forum was successful in this:

http://www.australiaforum.com/visas...hile-still-married-clearing-up-confusion.html


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## dunan (Oct 5, 2012)

Hi Che...good to meet ya...at the risk of being brutally honest once again, here is MY OPINION.

Philippines is a law unto themselves..everything concerning anything is a walk thru a minefield....So its the ONLY COUNTRY in the world with NO DIVORCE.

Annulment times now range between 1-2 years depending IF YOU MEET the criteria..Cost is 150,000-200,000 pesos plus entertainment costs.

The main grounds for annulment are ''Abandonment'' and '' Mental Capacity'' there are a few others but these are obscure scenarios.

Separation (Even after 20 years), Violence, Adultery (CRIMINAL OFFENCE) are NOT GROUNDS for annulment....You must prove that you left the marriage because your partner deserted you both financially and emotionally and left you to pursue another relationship. or....Mental capacity wherein he/she was not of sound mind (Mental problems) and you need a full psychiatric report to be presented as part of your petition to the court...this means pray to God that when he/she is summoned, does not wish to contest...

Living together as you are doing now, comes under ''CONCUBINAGE'' its a criminal offence if someone decides to lay charges....

What the Aus embassy policy is can conflict with what your Cenomar states and that says you are in the eyes of phil law, still legally married and so will find it hard to get ''The No impediment to marriage'' certificate....

If you need to talk personally, we will PM you are cell....cheers n good luck.


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## CollegeGirl (Nov 10, 2012)

I understand now. So for other countries, and in general, it is possible to get a de facto visa while still married. However, the Philippines embassy specifically will not permit it due to Filippino law. 

Is that correct, according to how you understand it, dunan?


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## dunan (Oct 5, 2012)

to the best of my limited knowledge...me n others have run the full gauntlet, to the point that even our 5 year marriage was about to be declared void in spite of full genuine court declaration due to third party fraud by corrupt judge who never registered it in the court logbook....imagine what that would have done to our spousal visa application....no wonder from past posts I have such a bitter taste in my mouth.


BTW CG I cannot update our timeline no matter what....can you fix it...visa approved 4/9/2013......arrival in oz 11/12/2013....many thanks dear...


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## che_1361 (Aug 22, 2013)

Hi dunan...

Nice to met you too. Very appreciate your honest and knowledgeable opinion and advise here. Exactly what I am hoping for.

I very much agree of the facts and observations you laid out here, from grounds of annulment, the time line of an annulment case and the present cost. And yes recently the rise of fraudulent annulment certificates from the Philippines. Also, yes, concubinage and adultery case can be filed by the aggrieved party under such circumstances that you referred to.

But it is also common practice and public knowledge that many Filipinos who had a falling out of their Philippine marriage live with other partners abroad or even get married again in other countries like say the USA. [ After of course obtaining a Divorce decree, in the US, of their Philippine marriage.] Again no doubt such "2nd marriage" outside the Philippines is illegal under the Philippine Laws since we do not have Divorce laws and therefore does not recognize one.

But no mistake, that "2nd marriage" done outside say the US, is very valid and legal under the US Law. In my limited knowledge, this is what we term as an "International Football" in International Laws wherein the practice and circumstances of one can be illegal in one country [in this case the Philippines ] yet legal in another [ in this case, the USA ], but the countries involve can / will do nothing about it. It has been an accepted and settled practice.

Based on the foregoing - NO CONFLICT - with the Philippine Embassy. Afterall I am not marrying again, here in the Philippines. Same as the Australian Embassy - I am just applying for a De Facto Partners Visa from a progressive country who legally recognized such kind of relationships. In truth I believe I cannot even get married still in Australia until I obtain their citizenship in which case the Philippine Laws will no longer apply on me.

Lastly, I fully agree that many things can be interpreted in many ways. I just hope that my positive interpretation - as shared by some Australian Immigration Lawyers and Agents will be the same as that of DIAC. Of course the opposite interpretation as I mentioned is also valued and unfortunately might be true. One thing I am sure of, is that I did the right thing by joining this Forum where I get good advice and am being helped from nice and good people like you, Collegegirl and the rests.

Thank you. Much appreciated. Hope to hear more from you.


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## dunan (Oct 5, 2012)

Good luck che...really hope it all works out without too many grey hairs...maybe just run it past a local ATTY if you can find one you can be recommended to...as I said what works in the mainstream world does not often cut it with places like NSO...

BTW where are you located? we are in Cebu.


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## che_1361 (Aug 22, 2013)

Hello Collegegirl

Yes Mark is one of those who strongly suggested that I get an annulment 1st. In fairness to him though, he did not make it absolute and suggested that I consulted a Filipino Lawyer. I believe though that a Filipino Lawyers opinion won't help much in my case, as compared to that of Australian Immigration Lawyers / Agents. 

My opinion as shortly stated to Dunan is that I am not violating any Philippine Laws since I am not marrying again here in the Philippines nor in Australia in the next years until and only if I become a citizen there w/c by then the Philippine Laws will apply to me no longer. 

It might be worth mentioning at this point that I already obtained a Divorce of my Philippine marriage in the USA. My "wife" did not contest it hence it got approved. My living together with my Partner now as a matter of Common law and practice is acceptable considering of the above divorce plus the fact that we have been separated already. And such arrangement and practice is recognized by Australian Laws the very reason why they have a Sub class Visa 309 . By the very interpretation of it, De Facto - means a situation based on FACT as against De Jure that is based on LAW.

I know my case is complicated. When my Fiancee / Partner sponsored me for a Fiancee Visa last year, it got disapproved. DIAC declared that they do not recognized my Divorce since I am still a Filipino citizen and under the Philippine Laws I am still married. We were devastated then. What with all the preparations, the documentations, the time, effort and of course the costs of lodgment and all its incidental expenses. But the worst to bear is our expectations - all down the drain. The hope that we finally, at last, can be together. Hence now I am doing everything I can to know what is there to know in this 2nd try. We might lost hope it if we fail again.

For now I say what we have - our relationship is worth fighting for. The problems and sacrifices we do and still to come will be a true tests of our resolve to have a life together, against all odds.

Thanks.


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## che_1361 (Aug 22, 2013)

Hi dunan...yes we're in Cebu, in Mabolo. My cell is Smart 0928-1621747. best regards and thanks for that last thread. I need all the positive ions I can get. Grey hair? - No. But white hair? Lots of them lol...thanks.


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## MarkNortham (Dec 19, 2012)

Hi Che -

With a refused Fiance visa due to the unresolved Divorce, my view would be that that would be even more of a reason to get the annulment completed prior to lodging an offshore partner visa application. Also, it's interesting to note that there regularly are cases we're seeing where finace or partner visa applications are being refused because of incomplete annulments (either improperly done, not done at all due to corruption or bribery, etc) etc. 

In looking at the migration regulations, I do not see anything that would prevent someone from being recognised as a defacto partner of a person if they still were legally married to another person, as long as their defacto relationship met all the usual requirements. That being said, the Philippines embassy has added their own set of requirements, including the Single Status Certificate, CENOMAR, etc to the requirements when lodging a fiance or partner visa, and could refuse a visa based on their judgement that the relationship wasn't "genuine" if all of the proper documents were not provided. 

I have a good friend who is a migration agent in Manila who only does partner and fiance visas - I'd be happy to refer you to him if you'd like to run this by him - you can contact me via PM or through the link in the signature of my msg.

Best,

Mark Northam


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## dunan (Oct 5, 2012)

Hi Che..yeah when we head downtown to SM....near your place we can text ya n meet over a beer or coffee....we are much further south in NAGA....see you hopefully......that agent Mark mentioned is really good, in manila...if its the right guy he is an expat with Filipina wife n son....


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## MarkNortham (Dec 19, 2012)

Hi Che & Dunan -

I think we're talking about the same person - Jeff Harvie with Downunder Visas. 

Best,

Mark Northam


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## che_1361 (Aug 22, 2013)

Sure Dunan...just message me then. Ok I'll try to contact the person mentioned by Mark. Have a good one.


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## che_1361 (Aug 22, 2013)

Hi Mark. Glad to see your post and thanks. Just learned in depth info from this, especially about the Philippine Embassy's role. It's new to me. I am not sure yet, but just in case I need to, please do provide me the contact details of Mr. Harvie. [ if ever it's allowed here? ]

Thanks and thanks for the help.


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## MarkNortham (Dec 19, 2012)

Hi Che -

I think posting his website would be OK:

Down Under Visa - Australian Partner Visas from Registered Migration Agent

Best,

Mark Northam


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## che_1361 (Aug 22, 2013)

Hi Collegegirl....to Mark and Dunan..

I have just finished reading the link you have given here. What can I say? It is very satisfying and enlightening. It went into the very heart of the issue and answered the CONFUSION squarely. What is even more convincing about it is it quoted the very Regulations of the DIAC itself.

I am not saying that my issue and confusion is fully resolved and I am almost assured of approval now. That this article makes the rests a walk in the park. Far from it. For we all know that each case and each application is unique and is decided on its own merit. I just feel that now, I have a fighting chance. 

My journey continues, with all good people in this Forum.


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## che_1361 (Aug 22, 2013)

Thanks Mark. Noting and saving it down.


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## dunan (Oct 5, 2012)

Great for you CHE....main thing is not who is right or wrong but to give guidance and get you the visa...with minimum stress....


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## CollegeGirl (Nov 10, 2012)

Do keep in mind that, like I said, nothing is guaranteed. If migration agents like Mark are seeing people denied for not having been divorced, then it may not matter what the law actually is, but rather how DIAC interprets it. I hope Mr. Harvie can shed some light on this for you - given Philippine law on annulments, he's probably seen this many, many times.


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## che_1361 (Aug 22, 2013)

Hi Mark

Just bringing you up to speed. I have already exchanged emails with Mr. Jeff Harvie. H'es just a nice guy and looks his outfit is an excellent one. We haven't finalized anything yet though. As to my foremost concern about Annulment requirement if one party of a prospective De Facto Partner is still married, this is what he said and I quote,

"Re. former marriages, which you asked? There is no requirement or expectation that a de facto couple be legally divorced or annulled. That won’t be a problem at all."

Best.


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## MarkNortham (Dec 19, 2012)

Hi -

Excellent - Jeff knows exactly how these would be treated in the Philippines - he's the guy who has the best information on this subject.

Best,

Mark Northam


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## dbrain23 (Sep 30, 2013)

Hi,

I bumped into this post while searching for cases just like this online. Che_1361's case is similar to mine but instead of being the applicant, I am the one trying to sponsor my fiancee on a de facto visa. I arrived here in Australia on a skilled-independent visa (sc 189) in March of this year. Sponsoring her on a fiancee visa is not option since I am still married in the Philippines, although my annulment has been on-going for the last 1-2 years. My main concern is, do I need to have my marriage annulled first before I can sponsor her on a de facto visa? Proof of our relationship wouldn't be a problem. Any advise would be greatly appreciated. Thanks!


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## eleanor (Apr 27, 2013)

dunan said:


> to the best of my limited knowledge...me n others have run the full gauntlet, to the point that even our 5 year marriage was about to be declared void in spite of full genuine court declaration due to third party fraud by corrupt judge who never registered it in the court logbook....imagine what that would have done to our spousal visa application....no wonder from past posts I have such a bitter taste in my mouth.
> 
> BTW CG I cannot update our timeline no matter what....can you fix it...visa approved 4/9/2013......arrival in oz 11/12/2013....many thanks dear...


hi dunan, i am just hoping my fiances judge put her annulment in the log book now after what you said, but she did fly to manila and went to court with her adult kids,her mother was there, her shrink, her lawyer, so with all those witnesses i think it will be ok, but i do know 1st hand of the corruption of the Philippines , be leave me there, did you have witnesses with her court case.im sorry to ask, may be you can reply with a personal message . she went to court 3 times ,and it cost me $6000 all up ,with ENTERTAINMENT money for judge and lawyer.


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## dunan (Oct 5, 2012)

Its ok Elen....my wife left the ex-lazy, useless husband over 14 years ago n single handedly raised n educated her 3 kids.....when she approached him to sign the annulment, the first thing he asked for was 1mil pesos (foreigner rates)...haha...but he soon got ''the message'' n backed off, never contested...the kids were witnesses..yep we had a respected Atty, the top psychiatrist from Davao do the paperwork to state the ex was one ''sick individual''.....Seeing there was no case to warrant court appearance it was handled by the judge in Cotabato City (Lovely place to visit) Everything else incl NSO, NIM, NBI n Marriage all legally done......Except the judge (Now banned) never registered it in court records and our horror journey started with embassy..lol. You will be fine just don't let them beat you.....cos sometimes you feel like giving up.....


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## eleanor (Apr 27, 2013)

thanks dunan, she now has another problem now ,been going on for about 3 months, and i have my wallet open full again, on her birth certificate her name is spelled with an O, like Eleonor, but over the years as she was growing up she would spell her name with an A, like Eleanor, now she has been out of manila for about 20 odd years,and now has to prove that she is in fact Eleonor, the time , the money, the stress, the depression,frustration, all because of this one little letter in her name ,every thing is being held up now because of this, only in the Philippines , there i said it, yes mate it is a mine field,as long as you keep paying its on going mine field, i know i will get in trouble for saying this ,but its so true.


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## dunan (Oct 5, 2012)

This is one of the most common mistakes here, together with one alphabet wrong in birth cert...correct in marriage....wrong somewhere else....lol...its cos they still use a type writer n carbon paper in 2013....sorry to say but getting something like that fixed besides you paying for their error, takes lots of running around, getting certified proof stuff and around 2 months.....Don't envy you buddy!!!!.....just gotta do what you are told....


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## gretz57 (Jul 30, 2013)

The second opinion of the 2 immigration lawyers is correct. The immigration respects the sanctity of marriage all over the world and that is the consideration. Even if you apply for a de fato only, the immigration makes sure you are free before you jump into another relationship as you appear cohabiting with another woman when you are still married.
The best solution is - get your marriage annulled . Annulment now won't take 2 years to wait,you just need to focus it, it takes a year or less this time. It depends.You need to see and talk to a lawyer who handles annulment.


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## dunan (Oct 5, 2012)

I agree with you Gretz.....plenty of opinions around, but my understanding is if you are applying from Phil, even if legally divorced abroad...then in the eyes of the state, you are still legally married....Just bite the bullet and get the annulment.....


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## ghivee (Nov 25, 2013)

Hi Che

My partner just presented a psychology report to show that the annulment process has started and this was accepted by the DIAC and we applied in Feb 2013, De Facto visa was approved Aug 2013

Hope this helps


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## leopard blue (Dec 12, 2013)

Hi Dunan, 
what do you mean by saying your marriage is supposedly declared and legally annulled but becoz of corupt judge that didnt record it in a log book??? it seems im in the same shoes?? but as i saw your application been approved despite of your annulment fraud by that corrupt judge??am i right??is the immigration consider it?? i will appreciate if you response thank you


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## dunan (Oct 5, 2012)

Hi...we were charged with PIC 4020.....third party fraud which is guilty before proven innocent....There is not much you can do as we found out after exhaustive efforts but send a waiver letter to embassy...long story but our 100 was granted after 9 months....
So unless I know your situation I cannot advise you.....but will try if you let me know whats going on.....


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## leopard blue (Dec 12, 2013)

Hi Dunan i saw your online can you explain what you mean about saying ur annulment was been supposedly declared but becoz of corrupt judge it didnt recorded??but ur partner visa still granted?


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## leopard blue (Dec 12, 2013)

can you let me know your email to pm you?? you been charged of pic 4020??what is that?? and waiver of what?


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## dunan (Oct 5, 2012)

What happened was we were annulled in 08, all our docs n signatory parties n seals are legal n genuine. NSO had no problems with it and neither did we, having been married for over 5 years....until we applied for visa.

When CO read who the judge was, that he was sacked in 2010 approx. she assumed we were scamming. When she checked the Court Records of trial in Cotabato City...this judge had not recorded the trial in court book of records...so although we did everything legally the fact this judge was charged put us in the guilty basket....

The waiver is a letter to embassy, explaining why you are not involved and as im the Aust. partner, I also gave them my opinion on why they have to grant my wife her visa....it worked after a lot of back n forth emails....I don't wish this on anyone esp if you are innocent.....


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## eleanor (Apr 27, 2013)

my partner got her annulment ABOUT 6 months ago after paying a lot of money and lets call it bribes to judge and lawyer, BUT did not get her single states document,we have now been waiting 4 that for about 5 months now, she applied for it in October, and got a letter in dec saying it will be released on the 21st of feb 2014, but im not holding my breath. why so long ,who knows.


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## dunan (Oct 5, 2012)

You still on the merry-go-round..mate!!!! Well imagine whats going to happen down the track to get proof of a partner's death if they died in the typhoon....they must stop this crazy money making annulment scam n have divorce like every other civilized nation on earth....


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## eleanor (Apr 27, 2013)

hi dunan, yep still on there mate, just about over the whole thing, its been such a drag on our relation ship and my bank account, if and when she gets to Australia we will be on the poor list now, should have been well off list, now some one in the Philippines are well off and im poor, and we haven't even started yet,


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## mrswooody007 (May 20, 2013)

Hi Eleanor usually the decision documents are kept on the table of the Judge and he makes sure he is giving a fair decision. May I suggest that your partner have to follow up every week or every other week about it. That is what I did,- I made humbled follow ups through the secretary of judge. ( As far as I know The judiciary is undergoing housekeeping,-busting the bad judges. If you say you were bribing the judge, I hope you will not have a problem on Public Interest Category with DIBP. Judges too have pride and there is possibility you will have the decision on February). Luckily, in my case, the judge who handled my petition of annulment of marriage was a good one and he made the decision in timely manner. He was blunt too about bribery when he told us that he does not like anyone to offer him something or else he will dismiss the petition of annulment of marriage. When the proceedings were done, he gave his decision and the Entry of Judgement was released by the court after 2 months. Then, I personally registered the decision and finality of decision at the civil registrar where the court was situated and at the civil registrar where the marriage was celebrated. After that, the latter civil registrar forwarded the records to the NSO. It takes 4 to 5 weeks to get the annotated marriage certificate if there is no problems during the NSO process.


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## dunan (Oct 5, 2012)

I would be ever so grateful if you gave me the name of your annulment atty!!!!! doesn't matter where in Phil he/she is.....


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## eleanor (Apr 27, 2013)

mrswooody007 said:


> Hi Eleanor usually the decision documents are kept on the table of the Judge and he makes sure he is giving a fair decision. May I suggest that your partner have to follow up every week or every other week about it. That is what I did,- I made humbled follow ups through the secretary of judge. ( As far as I know The judiciary is undergoing housekeeping,-busting the bad judges. If you say you were bribing the judge, I hope you will not have a problem on Public Interest Category with DIBP. Judges too have pride and there is possibility you will have the decision on February). Luckily, in my case, the judge who handled my petition of annulment of marriage was a good one and he made the decision in timely manner. He was blunt too about bribery when he told us that he does not like anyone to offer him something or else he will dismiss the petition of annulment of marriage. When the proceedings were done, he gave his decision and the Entry of Judgement was released by the court after 2 months. Then, I personally registered the decision and finality of decision at the civil registrar where the court was situated and at the civil registrar where the marriage was celebrated. After that, the latter civil registrar forwarded the records to the NSO. It takes 4 to 5 weeks to get the annotated marriage certificate if there is no problems during the NSO process.


 please understand i am getting all this information from my fiance over the net,so im just the middle man with the money lol, her annulment took 4 weeks with a judge and a lawyer, then about 4 months later she got her decision, annulment granted, when i say bribes ,it was sir jested
by the lawyers secretory that she bye the lawyer and the judge some sort of gift,just to say thank you,{it all helps} so she was told. i call it a bribe. so end result was she got her annulment,but needs her free to marry papers now,and she cant get that because her name has to be changed on her birth certificate, there is a type error in her name ,one letter in the spelling in her name, its very hard to explain for me on here,but its one thing after another,and very time consuming as well, but hope fully on 21st of feb things will be on the move , i hope, if we have to wait much longer, i WILL sell my house, and every thing i have ,give up my pension,and go and live with her and marry her in japan,until every thing is sorted out, we are booth over all this run around, i dont want to do that but i will,and when its all sorted then we will move back to aus, because after all of this ,this is just the start,she needs to go through immi yet,and that is no guarantee, then she has to find work when she gets here ,that's another story, im almost 62,and instead of putting up my feet in my older years im taking on a lot of stress and worry, but i think im up for it,well i hope i am lol.


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## dunan (Oct 5, 2012)

Com'n Elen....its the system here lol....they make the mistakes n you pay them to fix it....that's sorta ok slipping them a few pesos under the table but why does it take 3 months to change a P into a R.....n why do you need 3 diff departments and multiple notorised copies to do it......it would be hilarious if not so serious...


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## mrswooody007 (May 20, 2013)

Am Sorry Eleanor I was rush in my comment. I did not know the second issue. Clerical error in name is common too. My mum has same problem but we cannot expedite it because I don't have money and the worse part is the registrar in 1957 did not register her name in NSO. I understand now your side. I hope you will get the result that you have been waiting for in February.

At, Dunan, please understand that I respect my lawyer's privacy. I would need her pernission to publish her name.


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## dunan (Oct 5, 2012)

One would think she would love the publicity n extra business...most have to pay to advertise....ahhh well..Lots of expats on our forum here are looking for ''Honest'' atty's.


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## eleanor (Apr 27, 2013)

dunan said:


> Com'n Elen....its the system here lol....they make the mistakes n you pay them to fix it....that's sorta ok slipping them a few pesos under the table but why does it take 3 months to change a P into a R.....n why do you need 3 diff departments and multiple notorised copies to do it......it would be hilarious if not so serious...


dunan,the hilarious part is waiting months for a birth certificate,then when you get it it only lasts about 6 months then you need another one,so it runs out why you wait for every thing else, hilariousssssss hahahahaha very funny,lol hahahahaha.


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## leopard blue (Dec 12, 2013)

All i can say is "lets hope that our gov. officials here in the Philippines will give time to put down their decisions about DIVORCE LAW IN THE PHIL. so every marriages that really hopeless have their chance to move on with their lives with the right partner.. and to stop those corrupt officials that making money on annulment process.. We had lots of government officials that failed their marriaages too so i hope they will push the divorce law so they could help their people that suffering in unhappy marriages.. and maybe everyone will be ended contented.


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## eleanor (Apr 27, 2013)

mate, while there is lets call it , gifts involved i will never hold my breath waiting.


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## freeswan (Feb 20, 2014)

mrswooody007 said:


> Hi Eleanor usually the decision documents are kept on the table of the Judge and he makes sure he is giving a fair decision. May I suggest that your partner have to follow up every week or every other week about it. That is what I did,- I made humbled follow ups through the secretary of judge. ( As far as I know The judiciary is undergoing housekeeping,-busting the bad judges. If you say you were bribing the judge, I hope you will not have a problem on Public Interest Category with DIBP. Judges too have pride and there is possibility you will have the decision on February). Luckily, in my case, the judge who handled my petition of annulment of marriage was a good one and he made the decision in timely manner. He was blunt too about bribery when he told us that he does not like anyone to offer him something or else he will dismiss the petition of annulment of marriage. When the proceedings were done, he gave his decision and the Entry of Judgement was released by the court after 2 months. Then, I personally registered the decision and finality of decision at the civil registrar where the court was situated and at the civil registrar where the marriage was celebrated. After that, the latter civil registrar forwarded the records to the NSO. It takes 4 to 5 weeks to get the annotated marriage certificate if there is no problems during the NSO process.


Hi mrswoody007! I'd just like to ask what documents did you give to the immigration when you filed for PMV? I'm waiting for the decision of my annulment for 15 months now. My lawyer messaged me last night it will come out next week. Then I have to wait for 15 days upon the OSG's receipt of my decision for my Certificate of Finality. Now my question is, did you submit the COF together with your other forms or was it the Decree of Absolute Nullity of Marriage? Providing that after I received my COF, I registered/updated the registry where I was married and the family court where I was annulled. Some said that it will take another 3 months to get the decree. Thanks!


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## Oh8'sjustme (Feb 20, 2014)

che_1361 said:


> Hi. I am new here and I find this Forum simply amazing. If only I found this earlier and have become a member months ago maybe I already have the answers to my questions and confusions,
> 
> I am a Filipino citizen and my partner is an Australian citizen. I have been married here in the Philippines but me and my wife have separated years ago. No I did not apply for an annulment of said marriage for personal reason plus the fact that Annulment case in the Philippines takes at least a year or more to finish and is very costly.
> 
> ...


Annulment.. I been through that...


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## Oh8'sjustme (Feb 20, 2014)

freeswan said:


> Hi mrswoody007! I'd just like to ask what documents did you give to the immigration when you filed for PMV? I'm waiting for the decision of my annulment for 15 months now. My lawyer messaged me last night it will come out next week. Then I have to wait for 15 days upon the OSG's receipt of my decision for my Certificate of Finality. Now my question is, did you submit the COF together with your other forms or was it the Decree of Absolute Nullity of Marriage? Providing that after I received my COF, I registered/updated the registry where I was married and the family court where I was annulled. Some said that it will take another 3 months to get the decree. Thanks!


If this would help. The COF will be attached to the Decree of absolute nullity. why? Because when you update your marriage record at the Civil registrar in your city, they going to ask both of your Decree of Nullity and COF. Then it takes 15 days for clearing process and after that when you received your papers back everything is attached and certified your Decree of Absolute nullity, COF, civil registrar certificate "stating your marriage in this city was nulled and void".

So after you've got your documents back from City Civil Registrar as I said, docs are all certified and attached to each other.. Then you going to deal now with NSO manila to update your marriage record Nationwide which will take 45 days, but my case it was just 30 days..

So to answer your confusion, Immigration will ask your Decree of absolute nullity and COF is attached to that.. .. That's what I did before. Thanks


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## freeswan (Feb 20, 2014)

^ thank you for your response. Now that brings me to a whole new way of how to go about my documents. So apparently, my lawyer was right about the Decree, that it comes with the COF. Previously, I read that the decree comes after the COF. By the way, my decision came out as of writing my previous and first ever post. The decision was granted feb 20. And I can't believe it took the court 2 weeks to send the decision to OSG through registered mail. And that's another issue cos PhilPost has some serious issues with their delivery time so I will be hassling my lawyer asking her to update me. 

Another question is, I'm here based in the province. So after my COF, Decree and the rest of the papers have been certified, do I have to update my status in NSO Main in Manila or can I just do it here locally?


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## Oh8'sjustme (Feb 20, 2014)

freeswan said:


> ^ thank you for your response. Now that brings me to a whole new way of how to go about my documents. So apparently, my lawyer was right about the Decree, that it comes with the COF. Previously, I read that the decree comes after the COF. By the way, my decision came out as of writing my previous and first ever post. The decision was granted feb 20. And I can't believe it took the court 2 weeks to send the decision to OSG through registered mail. And that's another issue cos PhilPost has some serious issues with their delivery time so I will be hassling my lawyer asking her to update me.
> 
> Another question is, I'm here based in the province. So after my COF, Decree and the rest of the papers have been certified, do I have to update my status in NSO Main in Manila or can I just do it here locally?


Hi! I just wanna explain to ya how I processed my annulment. 1st of all the when u had all the court docs in your hands, first thing u do is go to your Local civil registrar ,they will get all your docs and after 10 days they will u back your court docs annotated and certified already.

the Local registrar will advice u to post those certified court docs to Nso manila to update your status. and if im not wrong the Local registrar will give ya envelope with NSO address is written so u can just put all your docs there ready for post. ( I used LBC post)

so to answer your question, U have to update your status both local and Nso main office manila. Take note, u have to update first your local civil registar record becos NSO manila will not accept court documents directly without being validated and updated from your local civil registrar.thanks...


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## eleanor (Apr 27, 2013)

yes and it takes 7 months to up date your status, Or thats how long it took my fiance any way, she gets every thing back on friday, from the nso office, or so they say. But i am not holding my breath.


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## Oh8'sjustme (Feb 20, 2014)

eleanor said:


> yes and it takes 7 months to up date your status, Or thats how long it took my fiance any way, she gets every thing back on friday, from the nso office, or so they say. But i am not holding my breath.


Hello,

That's incredibly long, 7 months? wow I didn't knew that cause in my case it took only 30 days but then again it was 4yrs ago....

ty


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## freeswan (Feb 20, 2014)

7 months? wow! i read from another forum, one just took 10 days to update her status in NSO. the longest time it took to update the status from what I read is a month. but now, 7 months. that's like an entire duration of the annulment. 

anyway, so the court forwarded the decision to the OSG for the finality of my annulment and based on my lawyer, sometimes PHILPOST will take ages to get the document to the destination. Her previous client too 3 months. wow! so what we did is we asked someone in Manila to hand it personally to the OSG. OSG received and stamped it on March 21. So we will count 15 days from March 21, then the court can issue my certificate of finality plus the decree. hopefully everything will go smoothly.


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## Oh8'sjustme (Feb 20, 2014)

freeswan said:


> 7 months? wow! i read from another forum, one just took 10 days to update her status in NSO. the longest time it took to update the status from what I read is a month. but now, 7 months. that's like an entire duration of the annulment.
> 
> anyway, so the court forwarded the decision to the OSG for the finality of my annulment and based on my lawyer, sometimes PHILPOST will take ages to get the document to the destination. Her previous client too 3 months. wow! so what we did is we asked someone in Manila to hand it personally to the OSG. OSG received and stamped it on March 21. So we will count 15 days from March 21, then the court can issue my certificate of finality plus the decree. hopefully everything will go smoothly.


Well Goodluck to ya! by the way 10 days duration is only to update local registrar, and NSO used to be 45 days maximum to update your status. Now 7 months(not sure but who knows)

Just hope for the best! Anulment in Philippines is very hard nearly as impossible to get. Marriage law there is like a life sentence without chance of Parole! lol...

Goodluck!


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## freeswan (Feb 20, 2014)

Oh8'sjustme said:


> Well Goodluck to ya! by the way 10 days duration is only to update local registrar, and NSO used to be 45 days maximum to update your status. Now 7 months(not sure but who knows)
> 
> Just hope for the best! Anulment in Philippines is very hard nearly as impossible to get. Marriage law there is like a life sentence without chance of Parole! lol...
> 
> Goodluck!


yup, NSO level is 4-6 weeks. But hopefully I can get it earlier.

Anyway, thank you for the well wishes. From what I read from multiple forums, the timeline for annulment really depends on some other circumstances. In my case, it took me 16 months to get the decision and that's with 2 postponed hearings because a fiscal or a judge is not available and waiting for a reschedule is another month or two. The key to speed things up is to always ask for an update from your lawyer. I would message my lawyer at 2am because I could not sleep thinking about the length of time we've spent for this case (I am very impatient). So it helped that I've been bugging my lawyer. Even when i was in Australia, I would message her at 8am but it would be 5am Philippine time. So I get results by the time I'm having my lunch. hahaha


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