Down Under Visa Logo

 

Please note that this article is aimed at Australian sponsors only. This does not apply to Filipina or Filipino visa applicants at all. (Filipinas or Filipinos generally DO need to get an annulment in the Philippines!)

 

divorce or annulment when you were married to a filipina before and need an australian partner visa

 

This is specifically aimed at Australian sponsors, men or women, who’ve been married in the Philippines before. And it’s meant for those who find that they are still legally married in the Philippines and wish to marry another Filipino or Filipina and want to apply for an Australian partner visa for them. I think everyone knows, or should logically know, that you need to be legally free to marry in order to marry again. Bigamy is a crime in both the Philippines and in Australia.

Still married in Philippines? What do you do?

Do you need an annulment? Or can you get an Australian divorce? What is required?

OK, Philippines as you either know or will discover has no legal divorce. There is “divorce” through the Sharia court system for Muslims, but for ordinary non-Muslim Filipinos, no divorce. Two countries in the world still have no legal divorce, is Vatican City and the Philippines. Attempts to change it over the years have always fallen down. It is how it is.

There is a possibility to end a marriage via an annulment, which has been discussed in numerous BLOG articles here. It’s a long and drawn-out process, which would be difficult for an Aussie to organise without being resident here due to the court appearances required. The question is whether it is necessary to do this to meet the requirements set out in the Migration Regulations for partner visas and/or prospective marriage visas.

 

So here are the facts!

An Aussie may marry in Philippines, and may then end this marriage inside Australia with a divorce! It’s legal in Australia. I know it is, because I’ve done it myself! Yes, in one of my less-proud moments I married the wrong woman in Cebu many years ago, divorced her in Australia, and married my lovely wife and soulmate Mila in Rockhampton, QLD. All legal. And that marriage was used for a visa application, and it worked perfectly well! No annulments.

 

Does the Philippines recognise an Australian divorce?

Technically, yes! The Philippines accepts and respects the jurisdiction of overseas courts to end a marriage by divorce.

However….

Do not expect this to be an easy process or an automatic process to have this divorce recognised in the Philippines as valid! Expect that you will have difficulty in finding an attorney who knows how this works, and it will take time and legal action for the divorce to be recognised by the National Statistics Office here in the Philippines. It will require a petition to the court, basically.

And if the divorce is not automatically accepted, then you will still be seen as legally married to the former Filipino spouse that you divorced in Australia. You don’t need that, obviously!

 

So what do you do if you want to marry a Filipino again?

Simple solution?

Don’t marry again in the Philippines! Take the easier path and marry in Australia! Get a prospective marriage visa and marry in Australia, or apply for a partner visa inside Australia after marrying in Australia.

To get a visa, you need to be first free to marry according to Australian Law, and you then need to have a marriage that is recognised in Australia under the Marriage Act. Do that, and you may apply for a visa and have no problems. Forget the annulment. Get a no-fault divorce in Australia, and there will be no stopping you!

 

Visa promises and guarantees? Not with Down Under Visa!
When should the Filipino child come to Australia?

290 Comments

  1. Carolina Piamonte

    I would like to ask an openion from your good office, i am separated for almost 16 yrs.i have an australian boyfriend for 4 yrs now.last 2 yrs ago i visite him and his family.we are planning to get married but the problem is im not yet annulled with my ex husband.im will be going back again next year.can we get married their in australia? Thanks.

    Reply
    • Jeff Harvie

      You can’t get married when you are already married, Carolina. You must get your marriage annulled first. Or otherwise if you can live as a de facto couple for 12 months or more, you can apply for a partner visa that way.

      Reply
      • Narlyn

        Hi Jheff Glad i found this page.. I am married in the Philippines to a Filipino But his an Australian citizen we separated for 10 years now but he divorced me 5 years ago…that meant i am free now here in the Philippines? Or Can i get marry again?

        Reply
        • Jeff Harvie

          You can marry in Australia again, Narlyn. But you will have difficulties in Philippines because they don’t automatically recognise overseas divorces. You need to see an attorney.

          Reply
        • Jca

          Hi Jheff, I’m glad I found your page, and maybe you can give me some insights about my question. I’m Filipina living in Australia with my Australian fiance’. We are planning to get married here first and then the Philippines. Would our marriage here valid in the Philippines? And if yes, do we have to do paperworks or process for the marriage in Australia be recognized in the Philippines?
          Thank you.

          Reply
          • Jeff Harvie

            You can’t marry twice. You need to marry in one country only. And yes, you can get your marriage registered at the Philippines Embassy in Canberra.

          • Ronald

            l married a filipino in the Philippines then went to Australia and she became an Australian Citizen…does our Marriage in the Philippines become void because she is now Australian

          • Jeff Harvie

            No it doesn’t. There is no connection at all. She’s still married to you.

      • Joanna

        Hi Jeff I am a Pilipina an australian citizen. Want to asked if I can registered for a de facto relationship to a married pilipino man in the philippines?
        Or he needs to be annulled 1st before we can register our relationship as de facto?

        How about a divorce in sharia court in the philippines will it be valid or recognize and can marry me?

        Reply
        • Jeff Harvie

          You can’t register a relationship at the Department of Births, Deaths and Marriages unless you are both legally single. So yes, he would need to be annulled first. And yes, the Philippines Government recognises valid Sharia Court divorces for muslims, and the Australian Government would accept that as him being legally free to marry.

          Reply
          • Elinor Pepito

            Sir thanks and hope that you can enlighten me..

            I was married with an australian feb 2005,, in my surprised my husband divorced me in australia without even informing me
            .i dont have any knowledge bout it and even did not sign any document for the divorce.. Now Ive heard he got married with onther Filipina in australia??? Was this divorce valid ?

          • Jeff Harvie

            You need to discuss with a lawyer, Elinor

    • Magdalena Tadeo

      I am an Australian Citizen, I married a Filipino citizen in the Phillipines and sponsors my ex husband to come to Australia. After 4 yrs of married we end up getting divorce here in Australia. I been divorce for almost 24 yrs, Now I am in the new relationship with a Filipino citizen, Our family want us to get married in the Philippines but I am worried to get married there because of my previous married , Please advice me what to do. What is the best option for me? I don’t want to be charge of adultery or bigamy.

      Reply
      • Jeff Harvie

        You won’t be able to get a marriage license in Philippines because in Philippines you are already married. You need to marry in Australia, and your family will need to accept this.

        Reply
      • Esther

        Hi this is Esther Vahamaa from Philippines now I’m married with finish man here Philippines and divorced in Finland, and now I have a boyfriend from Australia. It is possible to get married again in Australia even I’m not annulled my marriage in Philippines?

        Reply
        • Jeff Harvie

          You can if you had a legal divorce in Finland

          Reply
          • Esther

            Thank you for responding, what if I have a boyfriend a finish man, can I get married in Finland, even without annulled my marriage in Philippines?my ex husband from Finland too

          • Jeff Harvie

            Sorry but I have no knowledge of visas to Finland

          • Esther

            If I can get married with Australian man with his place, can I get change my family name instead of finish family name that I’m using now?

          • Jeff Harvie

            If you’re married to an Australian, yes of course you can change your last name

          • Esther

            But how I can change my last name?thank you again

          • Jeff Harvie

            There is no formal process in Australia to change your name to a married name. You just start using your married name.

          • Esther

            So I can still used my married last name in Philippines?or I can used my fiance last name during my marriage?is this legal in Australia to get married with him?

          • Jeff Harvie

            I couldn’t advise you on that, sorry

          • Maricel

            Hi Jeff,

            Good evening i am seeking legal advice, i was married australian citizen in the philippines and we separated for 4 years iam filipino citizen , i had applied a sole application divorce and it was granted in australia. But in my case since philippines dont have a divorce do you think philippine law will recognized my foreign divorce i am struggle what to do please help me thank you

          • Jeff Harvie

            You need to speak with an attorney about that, Maricel. It’s complicated, and I’m not a Philippines attorney.

          • Magdalena P

            Hello, I am married in the Philippines with an American but our marriage end. He filled a divorce in America. I am now in Australia with new bf, can I legally be married here in Australia showing my divorce paper from America?

          • Jeff Harvie

            I imagine you can. However you should speak to the marriage celebrant, as that’s not my area of expertise.

          • Esther

            ok, but i was legally divorced in Finland since 2016,so need confirmation here in Philippines with Australian law if get married with Australian citizen in there? thanks po

          • Jeff Harvie

            If you were legally divorced in Finland, Australia will recognise this. And Australian visas have nothing to do with Philippines law.

          • Esther

            hi po, i have something to ask what’s the requirements for tourists visa? i heard is so too difficult to apply for tourists visa. it is true need of strong reason, like property, business or work here in Philippines so that i have a reason to comeback.

          • Caren

            Hi I am married with a British guy in the Philippines but we currently live here in Australia but we’re separated is it possible to get a legal separation here in Australia?which is I am in my partner visa status

          • Jeff Harvie

            No such thing as “legal separation”in Australia, as far as I know. Talk to a lawyer there. And I don’t know what type of visa you’re talking about. Can’t advise you here in a BLOG comments section sorry.

        • Esther

          Hello again I ask you again, it is possible to get married with retirement Australian man?what is requirements for that?

          Reply
          • Jeff Harvie

            Yes you can marry as long as you are both legally free to marry. Please contact a marriage celebrant for advice on organising a wedding. We only organise visas.

          • Esther

            Thank you again, but since my marriage here in Philippines is not be annulled, so if we can get married in Australia can I get legally marriage and get support from government there even my marriage is not legal there?

          • Jeff Harvie

            You can’t marry when you are still legally married! That’s called bigamy. It’s a crime.

          • Esther

            Ah ok, but I’m legally divorced in Finland since 2016. So I can’t get married with Australian citizen in his own country? Thank you

          • Jeff Harvie

            You didn’t state that you were divorced already. I would imagine OK, however you should consult an Australian family law lawyer.

          • Esther

            Hi Jeff,

            I want some advice from you, I got married with finish man in Philippines and then got divorced in Finland it was legally divorced. And now I have boyfriend from Australia, can get married in Australia? Very appreciated with your patience response

          • Jeff Harvie

            Please do an online visa assessment. This isn’t the place to give advice.

          • Esther

            Hello again, i have a plan to apply for 12 months visa application in Australia until gone ristrictions , so may i ask if its okay to apply 12 months visa without met in person until i can visit there? thanks very much

          • Jeff Harvie

            1. They NEVER grant 12 month visas
            2. They almost-never (ie 99.9% of the time) grant visas for somebody who has never met their boyfriend in person
            3. You won’t get a visa to Australia OR a travel ban exemption until the bans are lifted

          • Esther

            ok thanks, so when it will lasting the ristrictions in there to open international flights?

          • Jeff Harvie

            I have no idea when the travel bans will end, sorry

          • Esther

            hello po, I’ve very glad to be back here, i ask you again is there need in Australia for confirmation my legal divorced without confirmation here in Philippines? i was visiting my lawyer about this.

          • Jeff Harvie

            I’m not sure where you had your divorce, so I can’t comment sorry.

        • Olivia

          Hi Jeff, my husband and I are dual citizens Australia and the Philippines, we got married in Australia 15 years ago and now currently in the Philippines unable to retun due to covid issues.
          Are we able to get a divorce in the philippines and will that divorce be legal here and in Australia?

          Reply
          • Jeff Harvie

            If your husband is Australian, why can’t he return? And you can apply for an ANNULMENT in the Philippines (ie not a divorce). Please speak to an attorney about that. I would imagine it would be legal in Australia, but you need to double-check with a family law specialist lawyer in Australia.

        • Jaz

          Hi im a filipina and permanent resident now here in australia and im married to a filipino in the Philippines and been separated to him for almos 10 yrs now. here in australia i have a partner and were thinking of getting married..my question is if i become n Australian citizen is it possible for me to apply for divorce here in Australia to divorce my ex in the Philippines?

          Reply
          • Jeff Harvie

            It should be. But please speak to a lawyer about this. I can’t advise you.

      • Robert Billingham

        .my ex is married in the philipines Do they have divorce there now She just married an Australian guy is it legal

        Reply
        • Jeff Harvie

          Annulment if she’s in the Philippines. If she’s a resident in Australia, she can apply for an Australian divorce. Either way will end the marriage.

          Reply
          • Merry

            Good afternoon, I am not legally seperated in Philippines and now have a Australia fiance,and planning to marry in Australia it is possible to him in here country?

          • Jeff Harvie

            You can’t be married twice. You need to get an annulment (NOT just a legal separation) before you may marry even in Australia. Bigamy (being married twice) is a crime in Philippines and in Australia.

      • Joys Chavez

        Hi Jeff, I just need help I am married an Australian citizen but a Filipino born and raise. But seems our marriage doesn’t work so well at all is it recognise if I apply divorce here in Australia but we are married in Philippines?

        Thanks jeff

        Reply
        • Jeff Harvie

          If you are in Australia, you most likely can. But you need to speak to a lawyer in Australia. I can’t advise you.

          Reply
      • Rosario Lopez Cobar

        Hi..i just wanted to ask a question if it is possible to get a divorce here.When i am holiday visa for 2 years next month straight in here .my husband us in the Philippines
        Because if it is possible i want to book an appointment about that and how much thanks

        Reply
        • Jeff Harvie

          Please discuss with a lawyer in Australia

          Reply
    • Joe

      Hi Jeff
      Hope you are well I got married in the Philippines in 2017 my wife is still in the Philippines due to visa delays

      I’m in a very abusive relationship and I want to get the marriage annulled I have many messages from her saying she wishes for me to die and she should of married a phillipino telling me to f@#! Off I’ve done nothing but support her pad for her rent and expences I bought land and built a cabin for her to be comfortable until the visa gets approved

      I’m wondering with all this proof that she dose not love me and has no respect for me and it feels she never married me because she loved me

      Do you think I can get the marriage annulled easier? I would like her to have her surname I want no ties with her anymore

      Thank you in advance for your knowledge

      Reply
      • Jeff Harvie

        Go and see a family law lawyer in Australia, and organise a divorce. It can be done.

        Reply
        • Maricel salaver

          Hi Jeff I’m married a australian but we married here in philippines and now we already separate. I want to ask if our marriage recognized in australia if not can i file complain if my ex.husband has a affair and will marry again there.

          Reply
          • Jeff Harvie

            Yes your marriage is recognised in Australia. However adultery is not a crime in Australia, and he is allowed to end his Philippines marriage with an Australian divorce and may marry again in Australia. I think you need to get over it and accept that your marriage is over. For your own peace of mind you should not be planning revenge and punishment for your ex-husband. Get over it and move on.

    • Arria

      Hi Jeff,
      How do you do? I’d like to ask, I got married in the Philippines in 2011 and separated after a year. Filed an annulment in 2015 but still hasn’t got the final result ‘til now. Really frustrating! I got my Australian citizenship in 2016. My question is, can I file a divorce here in Australia so that I can marry my partner here in Australia? Looking forward to your response.

      Reply
      • Jeff Harvie

        In most cases you can, Carolina. Please speak to a family law specialist lawyer in Australia.

        Reply
        • Chloe

          Hi Jeff I just want to ask I’m a filipina married to an American man and was married in the Philippines and been separated for 8 years now. We are not annulled yet. Now I have an Aussie bf for 3 years, can I apply for a defacto visa ? Or can I file a divorce in Australia ?

          Reply
          • Jeff Harvie

            1. You can apply for a partner visa based on a de facto relationship IF you are in a de facto relationship. Just being together for 3 years does not automatically mean you qualify. Please go to https://assessments.downundervisa.com.au and we will look at your case.
            2. You may divorce your husband in Australia WHEN you are a resident. Not now.

  2. George Thomson

    Hi Jeff, my girlfriend is currently waiting for her “divorce” through the Sharia court. Is this divorce recognised in an application for a fiance visa? Thanks in advance.

    Reply
    • Jeff Harvie

      Hello George. Yes, as long as its done legally. You can expect they will scrutinise it, however we’ve had lots of clients use this method over the years.

      Reply
      • Michel

        Hi I’m Filipina working in Hong Kong for 4yrs and living and I’m separated to my ex husband in Philippines about almost 4yrs now. And I met a guy from Australia that is my boyfriend now. My question is can he sponsor me under the student visa to Australia to let me study there ? Hope you can give me some idea or advice thank you??

        Reply
        • Jeff Harvie

          You are asking to do something “clever”. Student visas are for genuine students. Why would they believe your boyfriend would be sponsoring you to be a student? Obviously you want to be with him, and you are trying to find another way of doing this. They are fully aware of this type of scenario, and they will see immediately what you are trying to do. You will need to annul your marriage.

          Reply
          • Nick

            Hi Jeff, I’m an Australian Citizen living in Melbourne. My filipina girlfriend works in Hong Kong. I have visited her 3 times this year. She is still legally married to her Filipino man in the Philippines but is separated for 3 years. He is now with another woman and they have a child. Therefore he has moved on with his life. My question to you is: if my girlfriend visits me here in Melbourne, can she apply and get a divorce for her original marriage. Can she then re-marry again outside of the Philippines? Thanks.

          • Jeff Harvie

            She can’t get a divorce while she’s on a tourist visa, sorry no. I’m not sure what the laws are regarding divorces in HK, but we’ve had clients do that. Worth an enquiry. Otherwise she will need to annul the marriage in Philippines.

        • Mica

          Hi jeff. My question is what should be the first thing to do to file a divorce? Im a filipina, married here in the philippines with an Aussie. I haven’t been to Australia yet. Does it have to be me to file a divorce or it has to be my husband who is in australia?

          Reply
          • Jeff Harvie

            Divorce who from who? You can’t get a divorce in Australia unless you are an Australian resident. You will need your husband to discuss this with a lawyer in Australia.

    • Aliakbar

      Hi, what’s the current, okay I want a visa for a wedding

      Reply
      • Jeff Harvie

        Unless you’re an Australian Citizen or Permanent Resident marrying a lady from the Philippines, then I can’t help you sorry.

        Reply
        • Jess

          Interesting and great article
          Jeff.

          I got married in the Philippines but separated for more than 10 years. I am now an Australian citizen and living with my beloved de facto partner (Filipina) in Australia for couple of years. I know I can’t marry her in the Philippines because of my previous marriage.

          If I will marry her in Australia, will it be recognised in the Philippines?

          Reply
          • Jeff Harvie

            It’s complicated, Jess. You need to speak with a Philippines attorney about it. Remember that the most important issue is that you CAN divorce in Australia, and you may remarry in Australia.

  3. Rowena Diangzon

    hello just want to ask if I can marry in australia while I am going through the annulment or if annulment is already processed and just waiting for the verdict or result?

    Reply
    • Jeff Harvie

      You cannot marry in Australia whilst still legally married in the Philippines, Rowena. Must finalise your annulment, or you will be committuing a crime of bigamy.

      Reply
    • Ben

      hello Jeff

      I am married by civil in the Philippines, can i have my annulment or divorce done here on oz? can i remarry again or be in de facto if it is approved? Ta!

      Reply
      • Jeff Harvie

        If you are an Australian Citizen or resident, you should go and see a family law lawyer in Australia. Yes, an Australian divorce can be sought for a Philippines marriage. And of course you may then remarry.

        Reply
      • Maria

        Hi I just need advice from you sir, I got married in the Philippines with my Australian ex husband.and now we’re divorced for 17 years from now. And his now married to another woman.it is possible.. I could marry my bf in the Philippines even though my ex already married to another woman.and wasn’t annul in the Philippines yet

        Reply
        • Jeff Harvie

          This is too complicated for a comments section on a BLOG page. Please have an assessment done.

          Reply
  4. Donald Bennett

    Good morning,

    My wife and I were married in the Philippines, separated in Dec 2016 and will soon be filing for divorce in Australia (we are both Australian citizens). Once the Australian divorce has been granted we would like to obtain an unullmrnt in the Philippines.

    Please can you let me know your costs to process the anullment, and estimated timeframes.

    Thanks and regards – Don

    Reply
    • Jeff Harvie

      We don’t process annulments, Donald. You need to get a Philippines Attorney for that. I’m an Aussie Migration Agent. If you get an Australian divorce, why would you bother with an annulment also?

      Reply
      • Rowena

        Hi Jeff,
        I’m married in the Philippines but separated since 2005 and now a permanent resident in Australia and living with my de facto partner for nearly 7 years and now waiting for my citizenship . Can I file a divorce here in Australia and marry my de facto partner here in Australia? Thanks in advance

        Reply
        • Jeff Harvie

          I imagine you could do that, yes. Go and see a Family Law lawyer first though, as I can’t give advise on divorces.

          Reply
  5. Catherine Manapat

    Hi. We were married in the Philippines, divorced in Australia. We are both Australian citizens. If i want to get married in the Philippines with my Australian partner now, do i need my marriage in the Philippines annulled first?

    Reply
    • Jeff Harvie

      You would have a headache, Catherine. Suggest you keep it simple and marry in Australia.

      Reply
  6. C. A.

    Hi there. My nephew (Filipino passport) married his wife in Manila (Australian citizen). They live in Australia. Can they get a divorce in Australia without getting an annulment in the Philippines? Thanks

    Reply
    • Jeff Harvie

      Yes he can. He just needs to see a lawyer, and he can get it done.

      Reply
  7. Wilmer Hernandez

    Hello! My niece is a Filipina and living with her Australian partner through partner visa, but she is married in the Philippines. She wants to get married here in Australia with her partner. What can she do? Does she needs to get a divorce here even her husband is in the Philippines and get married here in Australia? Thank you very much.

    Reply
    • Jeff Harvie

      I can’t give advice on divorces, but I can tell you that an Australian divorce will end a Philippines marriage within Australia to enable her to marry. She just needs to see a lawyer in Australia and find out when she may do this.

      Reply
  8. Sam Concepcion

    Hi, I am married with an australian guy since 2013. I am currently holding a partner visa class uf subclass 309. My visa was granted last 2015. But last month December 2017, I got an email from the immigration asking for more information with me an my partner and its for the process of subclass 100. But the problem is we are not in good terms with my husband. He does not support me anymore since 2015. And now he doesnt want to proceed the permanent residency. I am now in Australia working because I need the money to support my needs and my kids (not his kids). My friends advice me to seek legal aid or file a domestic violence against him . So is it okay with me to divorce him in australia even if we got married in Philippines? How much do you think it will cost and how long will it take? I hope I will hear from you soon.

    Reply
    • Jeff Harvie

      You may divorce if you wish, Sam. This is your right. However if there WAS no domestic violence, don’t go making fraudulent claims. You need to be able to prove this. I suggest you get some professional help from a specialist in Australia if you wish to stay, because there is only a narrow possibility that you can. Because under normal circumstances, if the relationship ends then you need to leave.

      And I can’t tell you how much a divorce costs or how long it will take. You need to speak to a lawyer.

      Reply
  9. Charie John Gracia

    I am separated with my wife for more than 13 years now, been living with my girlfriend for 12 years now and I want to marry her. Can I marry my girlfriend even without annulment or divorce?.

    Reply
    • Jeff Harvie

      Of course not. That’s called bigamy, and it’s a crime in Philippines as well as in Australia. You can’t have two legal wives.

      Reply
    • Marissa Geraldine

      Hello
      I married an Australian citizen in my country the Philippines. I visited him on a tourist visa in Australia within a month I found out he is seeing other Australian ladies. I immediately left Australia back to the Philippines. I am seeking advice to get legally divorced thru Australian decree ? Can I ask the Australian embassy? He has been very unpleasant and not helping me.

      Reply
      • Jeff Harvie

        You would have to discuss this with a lawyer in Australia, Marissa. I can’t advise you. The Embassy would not get involved either, as this is not their area.

        Reply
  10. Jonah

    Hi Jeff…I am a Filipino and I am married to my Australian Ex husband..We have 1 child but he abandon me and my son for 6 years now..No child support (Which I don’t mind, as long as I have my son with me). I want to ask if I can file a divorcé in Australia. We got married in Philippines last 2010… I am currently living in Philippines now and I want my freedom and end our marriage….Is it Possible for me to File a divorce even though I am not Australian residence? I am willing to travel to Australia and get my divorce to be done…

    Reply
    • Jeff Harvie

      Jonah, I don’t believe you would get a tourist visa for that purpose. And whilst I’m not a divorce lawyer, I believe you can only do that if you’re an Australian resident. Please get some proper advice from a qualified source, though.

      Reply
  11. Mary Ann Valdez

    Hi I am separated for 5 years but not yet annulled. I have a boyfriend now he is living in Australia as Student Visa. I am planning on getting a Permanent Resident Visa together with my daughter. If ever my visa will be approved can I get a divorce in Australia and marry again in Australia? or is it easier to get a partner visa… please advise. Thanks

    Reply
    • Jeff Harvie

      He can’t sponsor you for a partner visa if he’s only there on a student visa, Mary Ann. How were you planning on getting a permanent resident visa? There IS no visa by that title.

      Reply
  12. Ter

    Hello Jeff, I would like to seek an advice if I can file a divorce in Australia. I’m a Filipina married in Philippines but already separated for more than 13 years already. I am now engaged with an Australian citizen. I got a tourist visa to go to Ausralia and we are planning while I’m with him during my visit period, can we file a divorce even my ex is in Philippines? Please advise which is the best we can do. Thanks and looking forward to hear from u soon.

    Reply
    • Jeff Harvie

      You need to get advice from a family law specialist lawyer in Australia. I can’t advise you, sorry.

      Reply
  13. Vicky

    Hi Jeff, trust all is well. I got a multiple entry tourist visa and my fiancee is living in Brisbane. They invited me to visit them. However, would like to know if I can also visit any state of Asutralia using my visa? Planning to visit Sydney first for 3 days as my initial entry and fly to Brisbane to my fiancee after visiting Sydney. Would that be possible? And once I go back to Philippines, can I go back and visit them again or even any state like Perth, Melbourne or Victoria? Looking forward to hear from you soon.

    Reply
    • Jeff Harvie

      You can go anywhere you like in Australia with an Australian tourist visa, yes. Vicky

      Reply
  14. Sofia

    Hi Jeff, good day to you and hope all is well.

    I have read some of the comments here and I am here too to ask about my situation. By the way, I was separated for more than 10 years now. We got married in Philippines. Now I am engaged with an Ausie citizen and will visit him next month. He was telling me to stay and live with him during my 8 months visit. Is it possible to apply a defacto visa or a partner visa for us even I am not yet divorced or annulled from my ex who is in the Philippines while holding a tourist visa? If so, after living in with him using a partner visa, can we file a divorce in Australia even my ex is in the Philippines?

    Looking forward to hear from you at the earliest. Thank you.

    Regards,
    Sofia

    Reply
    • Jeff Harvie

      You can’t marry when you’re still legally married in another country. You may apply for a partner visa if you have been in a de facto relationship for 12 months or more. And eventually you may divorce in Australia, but you need to seek legal advice about that first.

      Reply
      • Sofia

        Hi Jeff, thank you for your swift reply. I have 1 year valid tourist visa actually. Is it possible to extend it before it gets expired while I’m still living in with my fiancee in a defacto relationship? So we can apply for a partner visa after living in with him for more than a year, and eventually file my divorce in Australia even my ex husband is in Philippines? Hope to hear from you again. Thanks.

        Regards,
        Sofia

        Reply
        • Jeff Harvie

          Very unlikely they will let you stay longer. Sofia, if you would like some help with this (beyond just a few comments here), please use our online visa assessment form and I’m sure we can help you properly.

          Reply
        • Deni

          Hi Jeff. I’m glad I found this page. My partner got married here in PH and her wife went to Australia to work and became a permanent resident.

          Will PH govt honor divorce filed by her wife at Australia? Or her wife should be an Australian citizen before she files a divorce then PH govt will honor it?

          Will it be more faster if his wife files divorce?

          Or should my partner file for an annulment? however her wife can’t attend hearings?

          Thank you Jeff.

          Reply
          • Jeff Harvie

            If you partner needs to remarry in Australia, then an Australian divorce is a good option. Please discuss this with an Australian lawyer who specialises in this area as I can’t advise you. If you wish to marry in Philippines it’s probably easier to get an annulment.

  15. Diane

    Hello Mr. Jeff,

    Hope all is well.
    I am a Filipina married in Philippines but separated for more than 10 years already. I have met an Australian citizen and we got engaged last year. We planned that I will be visiting Brisbane where he lived. Since he sponsored me to get this tourist visa for me to go there, all his records and my records on the application was i will be visiting him and his family in Brisbane only. However, recently something came up and he went into a new relationship who is also in Brisbane and he ended up our relationship. Now, I’m confused, if I want to go to Australia, is it necessary to go to Brisbane as my 1st entry in the country since my records are visiting Brisbane, or i can even go to another city like Sydney or Melbourne as my initial entry to the country?
    Looking forward to hear some advice from you regarding my visa as it will expire soon and I want to use it at least as soon as possible just to see and experience the nice scenery in Australia Thanks.

    Reply
    • Jeff Harvie

      You can go to any airport in Australia, Diane.

      Reply
      • Hale

        Gday,
        I’m filipina (australian citizen)
        I’m married to Aussie in Philippines
        but years past and we got divorced in Australia.

        My question is

        Can I get married to other country like Canada using my divorced paper in Australia?

        Reply
        • Jeff Harvie

          You will have to check with the other country, but I imagine so

          Reply
  16. Chantal

    Dear Mr. Jeff,

    Hi how are you? I am a Filipina and got a multiple entry tourist visa to visit my friends and fiancee in Brisbane. My question is, is it ok to stay in Brisbane until my visa gets expired? My fiancee is willing to accommodate me in his house for free. So, would that be fine if i go back to Philippines after like 11 months or before one year? And is it ok to buy a one way ticket only since i will take months there? And if i want to return back to visit my fiancee again, can i still reapply a tourist visa and how many months would be the gaps to reapply again after i came back to philippines?

    Thank you and hope to hear from u at the earliest.

    Regards,
    Chantal

    Reply
    • Jeff Harvie

      If your visa expires you are in Australia illegally, Chantal. You should never do this, or it will affect future visa applications you wish to make. Leave before it runs out. I think you should discuss this with whoever organised your visa for you. I don’t think I can help you here, sorry.

      Reply
      • Helen B. Gilbody

        Hello there Mr. Jeff,

        Am married to an Australian Citizen man. We are separated for 1year and 5months now. Am currently working as Domestic Foreign Helper here in Singapore. My question is can I apply for a tourist visa and visit my husband, without him sponsoring my visit. And is it possible, for him to file a divorce in Australia while we are married in Philippines? Regards, greatly appreciated your advice.

        Reply
        • Jeff Harvie

          You can try, but very unlikely you would get a tourist visa to visit Australia independently. And why would you want to visit a man you’re separated from? They will question your intentions, and rightly so. And yes, he may file for divorce if you have been separated for 12 months or more.

          Reply
  17. Ashley

    Hello Jeff, good morning. Hope all is well.

    I am a Filipina and have an australian fiancee. I got my multiple entry tourist visa and planning to visit him and his family as well. They will accommodate me during the period of my stay.

    My question is, is it possible for to stay there for like continously 6 to 8 months? As we also planning if I can file my divorce there. My visa stated like below:

    Visa grant: 06 February 2018
    Stay Period: 3 months from the date of each arrival
    Must not arrive after: 06 February 2019
    Travel Facility: Multiple

    I am confused with the “Stay Period”. That is why I am clarifying if I can stay there for 6-8 consecutive months, or only 3 months?

    Can you please let me know if you have any idea about this matter?

    Thank you and looking forward to hear from you soon.

    Regards,
    Terry

    Reply
    • Jeff Harvie

      Hello Terry

      It means you can stay for up to 3 months per visit. You can’t stay longer, or you will breach visa conditions. But you may return again after you go back, and you can do this until 6 Feb 2019. You can’t divorce unless you’re an Australian resident, sorry. There are other ways. Suggest you complete one of our online visa assessment forms on the website here.

      Reply
  18. Anne

    Dear Jeff,

    Hi, I am a filipina and holding a multiple entry tourist visa. However, on my visa mentioned that I can only stay for a period of 3 months from the date of each arrival. My question is, how long I can stay outside Australia before I can return back for another 3 months again? I have a visitor visa also going to New Zealand, can I go there for like 3 to 5 days only as my exit point and come back to Australia again?

    Looking forward to hear from you at the earliest.

    Regards,
    Anne

    Reply
    • Jeff Harvie

      You can stay outside Australia as long as you want. And yes, you can go to NZ. You just need to leave Australia. It doesn’t matter where you go.

      Reply
  19. Tasha

    Hi Jeff,

    I hope all is well.
    I am a Filipina.
    My Filipino boyfriend is Permanent Resident in Australia.
    His marriage in the Philippines was not yet annulled but he is already divorced with his ex wife who is Australian citizen.
    I already have a tourist visa and visited him last month and were planning to get married when I come back.
    Will it be possible?
    What type of visa that best suits our situation are we going to apply?
    Are we not going to break any laws both in the Philippines and in Australia if we got married in OZ?

    Hope to hear your advise the soonest…

    Thanks

    Reply
    • Jeff Harvie

      If he is divorced in Australia under Australian law, you may marry him inside Australia. I’d suggest you get a free visa assessment from us re. your options for a partner visa.

      Reply
  20. Tasha

    Is there a legal case that his ex wife will take against us even if their marriage in the Phils is not yet annulled? Is she going to sue us with BIGAMY even if they were already divorced?

    Reply
    • Jeff Harvie

      I’m not a Philippines attorney and I’m not qualified to answer that. I would be very surprised if anyone tried to bring a case against you, and I would suspect the judge would throw it out. But find out if you’re concerned.

      Reply
      • Jacqueline goto

        I’m a pilipina and I’m divorce in Japanese last 2014…and I married for the second time an Australian citizen,but I’m not annulled yet in Philippines.what can I do,,I’m always visiting in Australia 4 times for tourist visa for my husband?hope you can give me and advise if what Visa I can get,my married for my Australian husband is already 5 years now,that’s why my husband want me to stay him forever?hope you can help me and hear you soon,thank you

        Reply
  21. Ma Lena

    if the Australian men married to twice to a filipina and divorce can he be able to married another one and bring her to Australia?

    Reply
    • Jeff Harvie

      He can be married and divorced as often as he likes. But when it comes to sponsorship for a partner visa, he may sponsor only twice in his lifetime. And there needs to be 5 years between those sponsorships.

      Reply
  22. Glenda

    Hi.. i am a filipina how can i get visit visa in australia?

    Reply
  23. Nikki

    Hi Jeff,

    Im a former filipina but a citizen now, married in philippines way back 2011, me and my ex husband (also a citizen now) been separated from 2016 but not legally, im in a relationship now to a filipina and planning to bring her here, she is still married but been separated from her husband for 5 years, is it possible for me to apply for a partner’s visa for her or i need to file a divorce first with my marriage before i can apply a visa for her and her kid? How much will be the cost for the application in case it’s possible? Hope to hear from you soon.

    Thanking you,

    Nikki

    Reply
    • Jeff Harvie

      Hello Nikki. You BOTH need to be legally free to marry if you apply for a partner visa based on a marriage. There is no way around that. You may divorce in Australia, but she would need an annulment in Philippines. The other alternative is to apply based on a de facto relationship. Note that this means you need to be in an existing de facto relationship for 12 months or more. Please go to https://www.downundervisa.com.au/visa-services-philippines-to-australia/de-facto-relationship-visa/ and you will understand more.

      Reply
  24. John

    Hi Jeff,
    I am a filipino with Australian Citizen. I was married to a filipina woman 2015. Marriage did not worked out, I would like to file a divorce here in Australia. How long is the process? And Do I need a family lawyer since my marriage was in the Philippines. Hope to hear from you soon.

    Regards,
    John

    Reply
    • Jeff Harvie

      You should see a lawyer in Australia to discuss that. And if you wish an Australian divorce, you need an Australian Lawyer….not a Filipino one.

      Reply
  25. Maris

    Hi!! I’m Filipina I married in phils my husband Australian he want to file divorce here in Australia..what happen my married in phils divorce also!

    Reply
    • Jeff Harvie

      You will need to consult an attorney in the Philippines about that

      Reply
  26. Jenny

    Im a Filipina, separated and annulment is on process. I want to apply for a tourist visa in Australia after my trial, I had a Australian boyfriend for 2 years, Is it okay to mention Im on annulment process so that will be the reason of goin back to my home country after 3months of holiday with him and with his family..
    Thanks

    Reply
    • Jeff Harvie

      Without knowing anything else about you or your case (ie this is NOT professional advice and shouldn’t be seen as such), I would say in most cases it would be acceptable.

      Reply
    • Lucita Tuazon

      Hi Jeff,

      If I go visit my Aussie boyfriend in Australia through a tourist visa, can I proceed with a de facto relationship with him? I’ve been married but now separated from my Filipino ex husband since 1992 . Will my defacto relationship with my Aussie boyfriend allow us to eventually get married though my previous marriage wasn’t annuled in the Philippines? Can I file a divorce in Australia so we can get married?

      Your advice is very much significant, thank you very much.

      I

      Reply
      • Jeff Harvie

        We may lodge a partner visa application based on a de facto relationship even if still married, Lucita. And when you are a resident in Australia, you may apply for a divorce from a marriage solemnised in Philippines. No problems. Suggest you get a free online visa assessment done.

        Reply
  27. Terri

    Hi Jeff,

    Hope all is well.

    I am a Filipina, separated for 15 yrs now but not yet annulled. Recently me and my ex husband met after 15 years and he already have new family with 2 kids. We discussed about our annulment and he agreed with me too. Now, I’m here in Ausie as a tourist with multiple entry visa under the sponsorship of my ex-fiance. I have met one ausie guy who is divorced and now my bf for a month and he knows my situation. He really loves me and even were still new he invited me to live in his place and want to marry me in the future. Is there any chance for us to apply for a de facto visa while am still separated from my ex husband and also am still on tourist visa under the sponsorship of my ex- fiance? Doesnt it affect for me? How to process if we can apply for a de facto visa so we can live in together and marry me someday once my marriage get void and annulled? And is it ok if my reason is to be with my bf and apply for a de facto visa, in case the immigration asked me when i come back again here after i exit for 10 days in Philippines? Kindly advise.

    Thanks.

    Regards,
    Terri

    Reply
    • Jeff Harvie

      You need to be living in an existing de facto relationship of 12 months in length or longer. You’ve only just met. You can still be married if that married relationship is well and truly over. It’s still way too early for you.

      Reply
      • Ben

        Hi Jeff

        does a de facto mean we have lived in one roof for a 12 months straight? how about if you are in a long distance relationship how can that living arrangements be done possibly

        Reply
        • Jeff Harvie

          The definition contains the words “live together, or not apart on a permanent basis”. The definition allows time apart, as long as you (a) commenced a shared-life relationship, and (b) this continues despite unavoidable separation.

          Reply
  28. Terri

    Hi Jeff,

    Thanks for your reply. But how can we live in together if I am just a tourist visa and can only visit here upto 3 months everytime I enter here even though I have a multiple entry visa. Would it be counted the days I will live in with him even I go back to Philippines for few days and come back here again? Or what will be the best thing to do so I could stay with him for continously 12 months or more while processing my annulment too?

    Hope to hear from you again.

    Thanks,
    Terri

    Reply
    • Jeff Harvie

      This is beyond the scope of answering a few basic questions on a BLOG, Terri. Please complete one of our visa assessment forms on the website and let’s see if we can help you.

      Reply
  29. Terry

    Hi Jeff,

    Thank you for your reply. But how can we live in together for 12 months or more if I am just a tourist visa and can only stay upto 3 months every visit since I have a multiple enytry visa? Would it be counted the days every time I come after I leave again? Is there any ways that we can live in together for a continous of 12 months or more?

    Thank you and looking forward to hear from you again.

    Regards,
    Terry

    Reply
  30. Marie

    hi
    Were both aus citizens for 25 yrs now and was married in the Phillppines but now been divorced here. Im planning to get marry with filipino widower and petition him.. Can we be able to get marry in the Philippines ? advise badly needed…

    Reply
    • Jeff Harvie

      You can but it’s difficult. You need to speak to a Philippines attorney about that. It would be easier to marry inside Australia.

      Reply
    • Hale

      Gday,
      I’m filipina (australian citizen)
      I’m married to Aussie in Philippines
      but years past and we got divorced in Australia.

      My question is

      Can I get married to other country like Canada using my divorced paper in Australia?

      Reply
  31. Hannah

    Hi Jeff,

    I’m a Filipina and been annulled from my ex husband. Now I have Australian fiance and he wants to marry me in Australia. I got a multiple entry tourist visa in Ausie and on my next entry we are planning to get married in Ausie. Is it possible to marry him there even I’m just a tourist visa? Please advise.

    Thanks,
    Hannah

    Reply
    • Jeff Harvie

      You may marry in Australia, Hannah. No problems there. Just be aware that you will need to prepare a partner visa application if you wish to stay.

      Reply
  32. Chacha

    Hi I’m married to Australian here in Philippines but the marriage didn’t last long.. and now his married to Vietnamese can I file a case on him.. and can he process the divorce paper in Australia even if we are married in Philippines

    Thanks

    Reply
    • Jeff Harvie

      He’s allowed to divorce you in Australia and to remarry, and no you can’t file a case against him that will mean anything. If he’s in Australia, Philippines law can’t touch him.

      Reply
  33. Liezel

    Hi Jeff,

    I was born in the Philippines and now a NZ citizen. I married a filipino 20 years ago and been separated now for 19 years. He got his own family now and we have good relationship with no issue of me getting married again..I want to marry a filipino and been told i need Legal Capacity as a requirement due to the reason that i am no longer a Filipino Citizen..my question is do i still need to get or provide a CENOMAR as well or just Legal Capacity as i am now a NZ Citizen..he is single and never been married bu the way.
    Thanks in advance for your advice.

    Kind Regards,
    Zel

    Reply
    • Jeff Harvie

      I can’t advise you on marrying in New Zealand, Liezel. However I’m sure that bigamy is a crime in NZ also. You can’t be married to two people at the same time, and separation in itsef does not dissolve a marriage. I suggest you speak to a lawyer in NZ who specialises in family law.

      Reply
  34. Roberto Ruggieri

    Hi, Jeff. I am 74 yo. I am currently sponsoring a filipina to visit me. She has been separated for the past 10 years. Last year, she has visited me under a normal tourist visa. Unfortunately, through lack of knowledge and informations on this subject I have already sent my new sponsorship letter for her to come and stay with me for the maximum period allowed of twelve months. This Lady is not coming as a prospective bride, but as a very close friend for company to spend with me. (I am not a well person with several severe health issues and live totally on my own). By reading your comments, I think that I might have made a boo boo by requesting that the Lady in question be given a twelve months multiple entry visitor’s visa. My question to you is: Is she going to have to leave every 3 months? Is there a way that this can be rectified”? The papers have been already sent throuh a Philippines travel agency to the Manila Embassy. I would appreciate any clarifications.
    Thank you

    Reply
    • Jeff Harvie

      Hello Roberto. If you asked for 12 months. they may well refuse it. You need to understand that whilst you may well have needs, a tourist visa is for people being tourists. It’s not designed for people acting as carers, and if they think that they will refuse it. It’s also not for those trying to live together in a de facto relationship. And I would think a little late to ask them to change those details. You just need to wait and see what happens.

      Reply
  35. Marcus Murray

    Hi
    I married a fillipino girl in Manila I have lived in Australia for 10 years but am a New Zealand citizen. After we married she moved to Australia with me and the marriage only lasted 1 year. She left me and went back to Phillipines. I want to divorce. Can I divorce her from Australia. We have been separated for over 2 years now. She wants a divorce to.

    Reply
    • Jeff Harvie

      Yes you can divorce her in Australia. And that means you may remarry in Australia.

      Reply
      • Marcus Murray

        Thanks Jeff that makes it so much easier knowing I don’t have to travel back to the Philippines.

        Does that mean she to can also remarry in the Philippines?

        Reply
      • Marcus Murray

        thanks Jeff. One more question does that mean she can remarry in the Philippines as well.

        Thanks Marcus

        Reply
        • Jeff Harvie

          Not quickly. They do accept overseas divorces, but they have to run it through their court system to see if they approve of how it was managed. Takes forever! Stick to marrying in Australia.

          Reply
          • Marcus murray

            Hi Jeff

            I wanted to divorce my Filipino ex but she has said i cannot cause she will be still classed as married in the Philippines. How do I go about doing an annulment

            thanks
            marcus

          • Jeff Harvie

            Why do you need to be classed as unmarried in the Philippines? You just need to remarry in Australia if you plan to marry.

  36. Annalisa Buckland

    Good day Ma’am/Sir Im Annalisa D Boniol 25 years old married to australian citizen Mr Anthony Buckland last november 05,2017 here in the philippines. But i have a problems my husband has a surrogate child 8 years old girl. he bought the egg cell and he owned the the sperm cells and he hired a surrogate mother in india . after the surrogate mother gave birth (last December 05,2009) theres a filipina woman who stands a mother of the child in the birth certificate (emily abarra -.Australian citizen ) who is married to a filipino guy also this guy is an australian citizen and this woman stand as a mother is not the biological mum. and this woman demanded a financial support which my husband has to fulfill and giving them 300 to 350 australia dollar every week. and my situation as a wife living here in the philippines and my husband lives there in australia . and im ok about him spending time with the daughter but not sleeping the same house with the daughters house. and everytime he spends time with the daughter i asked a favor to call me so i can also talk to the daughter but he always cancelled my calls. and also i never demanded a financial support .. but i realized that its not fair what he giving me he gaves 79 dollar weekly which is not really enough for me i am his wife but he is not fair to me .. and he i also ask a favor if i can go to australia so i can visit there too .. because he stayed there. but he doesnt want me to go there. he only wants me to stay here and follow what he said. he doesnt want me to get a job either like he controlling me .. please help me what can i do. i cant stand with this anymore. He also lied to me when he is australia and i am here in the philippines. i found out that he sleeps with the woman in one roof twice and everytime he do this his mobile is off. and he always using his child as reason. But everytime he went out to see his child he always with the woman too going out . and his mobile is off because the woman is controlling everything .the woman doesnt want my husband using phone or taking calls from me . Please i want to take a legal action about this matter .

    Reply
    • Jeff Harvie

      Sorry, not touching this one. You cannot expect to solve a matter like this on a BLOG page.

      Reply
  37. Sheila

    Hi Jeff, hope all is well with you.

    I just want to ask help/advise regarding my present circumstances;

    I am a Filipina, married in the Philippines with 1 child. I have been separated from my husband for 16 yrs before I met my fiancé. My annulment was filed in court since 2012 of July 4 yrs before we met.

    1. My Australian partner and I has been living together here in Australia since July of 2016. Initially I was on a tourist visa granted for a year, with a multiple entry needing to be off soil every 3mos.
    2. We applied for a Partner Visa last 16 July 2017 considering our de facto relationship and automatically I am staying onshore as a temporary resident thru my Bridging Visa A.
    3. 15 Feb 2018 i gave birth to our child.
    4. 16 May 2018 we applied for inclusion of my daughter in the application for our Partner Visa as a secondary applicant. And we have completed our medical examinations as required onshore.
    5. My Briding Visa B is currently in effect until 17 of Oct 2018.
    6. Until now my annulment isn’t done yet.

    My question is, are we not qualified for a Partner Visa/Permanent Resident considering all of the above?

    We’ve been wondering why our agent couldn’t find a way considering our de facto relationship, and having our own child. Isn’t this enough to prove how genuine and that our relationship is continuing?

    It is so disheartening that we have to wait this long. Every time I make follow ups with our agent for any updates, she would often, in return ask me about my annulment. My partner and I tried our very best to expedite the case but the court system is beyond our control. To prove that I even furnish them a copy of a certificate issued by the court certifying the status of my case.

    Hence of course, We cannot register our relationship considering I am still married in the Philippines.

    But Why can’t we be granted considering the grounds of de facto relationship for our Partner Visa/PR visa?

    That is why we are in de facto relationship is because one of us is still married. Because if not, we would have been married by now both in Australia and in the Philippines long beforehand.

    I hope you can shed light on this matter. Your help and advise would greatly be appreciated.

    May God bless you!

    Truly yours,

    Sheila

    Reply
    • Jeff Harvie

      You may apply for a partner visa based on two scenarios:

      1. Being married to the sponsor,

        OR

      2. Being in a genuine de facto relationship with the sponsor.

      I would assume you applied based on a de facto relationship? You have no other option, given that you are not married.

      And if you applied on this basis, you don’t need an annulment. You don’t need a registered relationship either.

      Now, the fact that it hasn’t been granted? That is not necessarily because there is something wrong. Sometimes they just take a long time.

      Ask your RMA if they applied for you based on a de facto relationship. If they did, then all should be OK assuming the application was detailed and showed that you met all the criteria.

      Reply
  38. Celine

    Hi Jeff,

    Hope all is well with you.

    I am a Filipina with a tourist multiple entry visa in Australia under the sponsorship of an ex fiance. Before my visa has been granted, we broke up and yet I still grab the opportunity to see Australia. I met a new Australian guy during my 3 months stay there and he is now my boyfriend. My question is;

    1. Can my ex fiance cancelled his sponsorship to me as a tourist visa if he wants to sponsor his new girlfriend here in the Philippines to apply for a new tourist visa?

    2. Can my new boyfriend sponsor me as a de facto visa in the future? As we are started living in together during my 2nd visit in Australia and keep staying onshore every after 3 months?

    Please help and advise.

    Thank you.

    Regards,
    Celine

    Reply
    • Jeff Harvie

      This is a complicated matter. I can’t advise you here, sorry.

      Reply
  39. marivic_ewayan @yahoo.com

    Hi jeff, Good day to u .. pls. Advice me i am married an australian man but we broke up 7yrs now already. .he been devorce for 2 australian x wife i am the no. 4 the 3rd wife from thailand..i was n tourist visa before we get marry to fly n australia an we get a papers from embassy to marry me here n phil. Then we get married here n phil. His using a 2nd devorce papers from 2nd x wife aussie wife to marry me.. i was so blind that he still married thailander woman an i was so blind i never know everything about his secret.. Then we got married here . I was found out that he is not annull from his x thailander after 3 yrs icontact her bec i found her contact no. separate during were still living my x aussie.. the thailander she was trying to contact him to sign for annullment but he was sneaky around living with me i was so blind that time.. an then after 3yrs when i contact her she told me she find way to get annull .. she share to me she annull already of my x hubby.. he has to many gf here in phil from diff. Bars here in cebu. after that he found that bar girl from davao an they living together an she get pregnant an now they have 2 baby . I was concern why my x he take his live n partner to live n australia i have no idea how he get a visa for her to entry to australia to live there.. i know my x he apply his kids as australian citizen.. pls. Advice me thanks ..from jacky

    Reply
    • Jeff Harvie

      I’m not sure what you want me to advise you about. What do you want to do?

      Reply
  40. Jen

    Hi..how much costs for divorce ?i have plan to send divorce on him to the Philippines.

    Reply
  41. Jen

    Hi.how much costs I need to pay for divorce? I have plan to send divorce to my husband in Philippines.

    Reply
    • Jeff Harvie

      Sorry, but I have absolutely no idea. You need to contact the lawyer about that.

      Reply
  42. Doren

    Hi jeff im filipina and my fiance is australian we planning get married in philippines ..even if we are married in philippines can he still file a divorce in australia?

    Reply
    • Jeff Harvie

      Yes, he can apply for a divorce in Australia for a marriage that took place in Philippines.

      Reply
      • Doren

        Thank you so much jeff really helpful

        Reply
  43. Lynn

    Hi Jeff,

    Hope all is well.

    I would like to ask if my sponsor (fiance) can extend my tourist visa while am still in Australia? I had multiple entry visa and it will expire early next year. Would it be possible?

    Thanks,
    Lynn

    Reply
    • Jeff Harvie

      It will depend on how long you’ve stayed in Australia. They don’t want you spending more than 12 months in any 18 month period inside Australia. If you want to stay, you should consider a partner visa. Get a free visa assessment here.

      Reply
      • Lynn

        Hi Jeff,

        Thanks for your quick reply. Well, we’d rather choose to apply for a partners visa then.

        Regards,
        Lynn

        Reply
  44. Marian

    Hi Jeff,

    I am a filipina but separated from my ex husband for more than 10 yrs now but we are not divorced yet. However, I had an Australian boyfriend. We will be in a relationship for 1 year on January 2019. I got a multiple entry visa which is sponsored by my ex australian fiance. We broke up before the visa gets approved and I hve met my present bf online last January 2018. We fell in love online and decided to meet in Australia when i got my visa approved. I visited him twice and lived in his house with all his cost every after 3 months of my visa. Now we are planning and decided to live in together, therefore we would like to apply for a partner visa before my visa gets expired on Feb. 2019. Would that be possible? Please give us an advice if we can start the visa application before Feb. 2019.

    Looking forward for ur immediate reply.

    Thank you,
    Marian

    Reply
    • Jeff Harvie

      It is possible, Marian. Just realise that there is a lot of work involved. Suggest you look at starting very soon. We can assess your case here if you wish to complete our free online visa assessment form on our page.

      Reply
  45. Joyce

    Hi Jeff,

    My husband and I were married in the Philippines. We’re both Filipinos holding a PR visa. Is it possible to file for a divorce in Australia?

    Thank you,
    Joyce

    Reply
    • Jeff Harvie

      You will need to speak to a lawyer in Australia who specialises in Family Law.

      Reply
  46. Chantal

    Hi Jeff,

    Good day to you.

    I am a Filipina holding a multiple entry visa that will ecpire soon. My question is, is it possible to apply for the Bridging Visa while am still having the tourist visa? How long I could stay here in Ausie in case i get the Bridging Visa approved? Can I also work legally? Fo you process that kind of visa?

    Looking forward to hear from you. Thank you.

    Regards,
    Chantal

    Reply
    • Jeff Harvie

      No Chantal. It doesn’t work like that. You don’t apply for bridging visas so you can stay longer, and you will not be able to work. Please look up “bridging visas” in our BLOG articles and you will find explanations as to how they actually work.

      Reply
    • Cristina Manipol alea

      Hi Jeff,
      A lovely day to you,by reading all the comments,I decided to ask if you can give me an advice to my current situation.
      Im holding a 2nd time 3 months tourist visa since I came here in Australia by temporary working visa as a carer and sponsored by my boss and because of the corona virus,we can’t travel offshore. We apply bridging visa and granted our application for 3 months tourist visa/multiple entry but unfortunately I got pregnant by my boyfriend who is Australia citizen..
      We are not living together and I just known him for 6 months,I am technically married in Philippines but separated for 8 years already.
      Is there any possibilities that my Boyfriend can apply me for another tourist visa or another visa so I can able to deliver a baby here in Australia?
      Hope to get an answer to you soon.
      Thank you

      Reply
      • Jeff Harvie

        It’s always possible to apply for another tourist visa. I can’t tell you if it will be granted or not, sorry.

        Reply
  47. liea

    hi i have a multiple tourist visa to australia, i want to fix my papers in order for me to work there, but im still married in the philippines legally but long been separated. what should i do, should i file divorce first? like how much and how long will it take. coz my visa is 3 months stay every after arrival.

    Reply
    • Jeff Harvie

      It appears to me you’re going about this in a very strange way, and you are not helping yourself.

      1. Tourist visas are for visiting and returning. They are not for the purposes of remaining in Australia. You cannot “fix your papers in order to work there”. You cannot work on a tourist visa under any circumstances.

      2. You can’t get an Australian divorce when you are only a visitor. I’m not a Family Law lawyer, so I suggest you follow this up. But you will find this is the case. So the answer to how long it will take is “It won’t!”

      I suggest you go back home, and you decide what you are wanting to do. And I suggest you get professional advice, because you are way off track here and you won’t get to remain in Australia this way.

      Reply
  48. Robert

    I married a lady in the Philippines but she is unable and does not want to immigrate so am I able to get an annulment in my country. And what would be the reason for the annulment?

    Reply
    • Jeff Harvie

      You can get a divorce in Australia, Robert. That’s just a standard no-fault divorce.

      Reply
  49. Frank

    Dear Jeff — I am living in a de facto relationship — since Nov 5th — with a philipino woman on a multiple visitation visa ! She is back in Phillipines ( her first , 3 month return ) — on her return , can I apply for a temporary bridging visa — whilst I apply for her to obtain permanent residency ? Can she be allowed to remain in a de facto relationship with me — because her marriage , to a Philipino man , has not yet , been annulled ?

    Reply
    • Jeff Harvie

      Please read this: https://www.downundervisa.com.au/visa-services-philippines-to-australia/bridging-visas/

      You may NOT apply for a “free-standing bridging visa”, because they do not exist! You may apply for a partner visa when she is qualified to do so. If you’ve spent 2 months living with her, no that doesn’t fulfil the 12 month requirement. There are no shortcuts. This will take time, and I strongly suggest you get professional help to get it right.

      Reply
  50. ann

    hi Jeff,

    my boyfriend has a dual citizenship. he was divorced in Australia but the marriage was still registered in the Phil. does he need to get an annulment first before we can marry in Aus?

    Reply
    • Jeff Harvie

      If he is legally divorced in Australia, he may marry in Australia

      Reply
  51. Terry

    Hi Jeff,

    Hope all is well. I would like to seek an advice. I am here in Australia as a tourist visa and my visa already got expired and I applied for an extension visa onshore for me and my live in partner to apply a de facto visa in 4 months. Weve been living in together for 8 months already. Unfortunately, substantive visa which is Visa 600 that i applied has been refused. However, I am allowed to appeal in AAT Administrative Appeals Tribunal. How can we do that? Or is it possible if we will appeal for a working visa if there’s any company wants to hire and willing to sponsor me? Would that be possible? Are you arranging working visa as well aside from partners visa? I only have 21 days to appeal and my bridging visa will cease after 35 days upon i received my application refusal. Is your agencies helping people to find a sponsor here to work? Therefore, i would like to know if working visa is also allowed to appeal in my situation. Please give me an advice/help. Thank you.

    Reply
    • Jeff Harvie

      OK, this is a comments section on an article about annulments in the Philippines. It’s not the place to get useful advice (for free, presumably) for a highly complex problem. You need to go and see a professional about this in Australia if you have any hope of rectifying this.

      Reply
      • Terry

        Dear Jeff,

        Thank you for your reply. Surely will check about it.

        Regards,
        Terry

        Reply
  52. Jamie

    Hi Jeff,

    My husband and I got married March 2014 in the Philippines, under civil wedding.
    We live in Australia after we got married, he is on a process of getting his Citizenship and I got my Permanent Residency.

    We got separated last October 2018. We both decided to file a Divorce in Australia.
    Just in case it will be granted, can I re-marry again here in Australia with a Filipino Citizen and have his visa as partner visa?

    If I also file an annulment here in Australia, can it be recognize in the Philippines?

    Thank you!

    Reply
    • Jeff Harvie

      You can divorce in Australia, and yes you can apply to sponsor a partner from Philippines. Don’t count on them recognising the divorce in Philippines though. It’s a complicated process. And no, you can’t file a Philippines-style annulment in Australia.

      Reply
      • Jamie

        Hi Jeff,

        Thank you for your prompt response.

        All the best!

        Regards,
        Jamie

        Reply
        • Myles

          Hi Jeff,

          I am a filipina and met an ausie man online. Weve been gf and bf for a year now. Can he marry me here in the Phillipines? If we get married and want to go and stay for good in Ausie , what kind of visa we need to arrange?

          Hope to hear from you soon. Thanks.

          Regards,
          Myles

          Reply
          • Jeff Harvie

            Either an onshore or an offshore partner visa, Myles. If you would like us to help you, please complete the free online visa assessment form.

  53. Myles

    Hi Jeff,

    Thanks for the advice. Yes we will do that and will contact you when were ready. Thanks again.

    Regards,
    Myles

    Reply
    • Roger

      Dear Jeff,

      Hi, I would like to seek an advice about my fiancee. Am an australian citizen but she’s been illegal here coz she over stayed. But now she’s already in the Philippines. I want to marry her in the Philippines and bring her back here in Australia. I really love her and want to spend my life with her and start a family here together. I know its complicated but I want to know if its possible to marry her in the Philippines and bring her here? What kind of visa we need to do after marrying her so she can live with me?

      Looking forward to hear from you.

      Thanks,
      Roger

      Reply
      • Jeff Harvie

        Hello Roger. From previous questions, I gather that she is still married? Can’t marry twice. Perhaps you may qualify for a partner visa based on a de facto relationship? Suggest you use the free online visa assessment form on our website and let’s get enough detail so we know if we can help you.

        Reply
        • Roger

          Hi Jeff,

          Thank you for your response. Yes she is not annulled yet but we are planning to do that before we get married in the Philippines. For now, I just want to know only if she already get annulled there, and I marry here, if i can take her here with me.

          Ok let me have a look that form online and will see what we can do. Hope you can help us with this matter as I really want her here with me in Australia and spend our life together.

          Thanks and regards,
          Roger

          Reply
          • Jeff Harvie

            Can’t just take her with you, Roger. You need a visa, which needs an application, and that takes preparation time and processing time. Please get an online assessment done ASAP.

  54. Tony

    Hi Jeff

    Last year there has been a new legislation in the Philippines for foreigners who married in the Philippines and divorced in another country have the right to remarry in the Philippines again as its obvious the Aussie embassy will grant an Australian a marriage licence as they are free to marry.

    https://news.abs-cbn.com/news/04/24/18/supreme-court-says-foreign-divorce-valid-in-ph

    Also with Australian fiance visa its legal to marry anywhere in the world not just in Australia.

    Therefore if sponsoring on fiance visa once visa is approved she can marry in the Phils and bring her in Australia to register she is legally married

    Reply
    • Jeff Harvie

      Last year there has been a new legislation in the Philippines for foreigners who married in the Philippines and divorced in another country have the right to remarry in the Philippines again as its obvious the Aussie embassy will grant an Australian a marriage licence as they are free to marry.

      Not quite as straight-forward as that. The divorce still needs to be approved, and this can take a very long time. And the Australian Embassy doesn’t grant marriage licenses. The Local Civil Registrar in the Philippines does.

      Therefore if sponsoring on fiance visa once visa is approved she can marry in the Phils and bring her in Australia to register she is legally married

      One of the Conditions applied to a Subclass 300 is that the visa holder must enter Australia before marrying. After doing this, yes may marry anywhere.

      Reply
  55. ALPHA

    HI THERE MR.JEFF HARVIE.
    JUST WANT TO ASK ABOUT MY SITUATION. I WAS CIVIL MARRIED IN PHILIPPINES, BEEN SEPARATED WITH HIM FOR AROUND 18 YEARS.
    NO ANNULMENT WAS DONE!

    CAN I MARRY MY AUSTRALIAN BOYFRIEND HERE IN AUSTRALIA?
    HOPING TO HEAR FROM YOU SOON.

    THANKS KINDLY

    Reply
    • Jeff Harvie

      Definitely not! You would be committing a crime. Bigamy! It’s a jailable offence both in Australia and in Philippines.

      Reply
  56. Ella

    hi Jeff,

    My boyfriend (Aus- Fil;dual citizen)and her ex wife was married in the Phil in 2005. They were both AUS citizens, the latter had her citizenship few months after they got married in the Phils. They had their divorce granted in Australian in 2017. My bf came back in Philippines since 2015, was able to visit AUs in 2017 for career purpose. He holds a AUS passport only, we have been planning to get married, but he thinks getting an annulment is not too convenient for us if we marry in Phils. May I know if you have any good recommendation, is it better to get married in Australia instead? ( I am a Filipino citizen) What is the process of obtaining a marriage in Australia?

    Reply
    • Jeff Harvie

      Definitely marry in Australia, because the divorce is readily recognised there. Forget annulments. He would only be doubling-up. Waste of time and money. Marry in Australia, definitely. And we can help you with a partner visa.

      Reply
      • Ella

        Hi Jeff,

        Thank you for you prompt response, is it possible for me to have a tourist visa instead?

        Reply
        • Jeff Harvie

          Why would you want a tourist visa instead of a partner visa? Tourist visas are for temporary stays only. Yes, we could probably help you if that’s really what you want. We would need you complete an assessment form.

          Reply
  57. Grant Lawless

    Hi Jeff My partner is a Filipina currently living in the Philippines and studying to be a carer for a position most likely in Japan as she speaks japanese language.We have a problem as she has previously been married to another Filipino and finished that relationship abt 6 or 7 years ago. Her passport carries her x husbands surname.If she goes to work in Japan and then hopefully applies successfully to work in Australia will it then be possible for her to get a divorce there leaving it clear for us to be married? It seems straight forward enough but I feel there may be obstacles unforseen.Whats your take on our situation.For me it appears our best option as going the main route is expensive and uncertain dealing with a ridiculous government who undoubtedly makes it as hard as possible for Filipina’s to be married to Australian men whilst allowing rich foreigners to stroll in.Sorry to put a negative spin on things but this is why we are choosing this route as Im not endowed with big chunks of money to fill government coffers.Anyway hope you have some pointers for us.One thing is the fact that when we return to the Philippines our marriage would not be valid in their eyes so we would be treated as partners only ?Thanks for your time

    Reply
    • Jeff Harvie

      Help Grant. Firstly, “carer” positions don’t exist in Australia and are not something she could get a work visa in Australia for. And I’m the wrong person to discuss work visas with anyway, as that’s not our area.

      Secondly, if she’s your partner then why are you looking at work visas instead of partner visas? Don’t needlessly complicate things for yourself. Work visas….even if you could get one….are not a pathway to permanent residency anyway. Look at a partner visa.

      Thirdly, if she’s still legally married then she can’t marry you right now. Can she get a divorce in Japan? Sorry, I have no idea. She can’t divorce in Australia if not a legal resident. Japan? No idea. If she can’t, she will need an annulment. Costs around P200,000.00 and takes around 1 year. If she can divorce in Japan, no it won’t be instantly recognised in Philippines, but we’re talking about AUSTRALIAN Immigration. The issue is whether she will be seen as divorced in the eyes of AUSTRALIAN Law.

      Suggest you get a free visa assessment done. Look at the top right of this page.

      Reply
      • Emjay

        Hi, I’m married here in the Philippines to A Filipino too, we’ve been separated for over 10 years now and I have my kids custody, he’s petitioning the kids to visit him in Australia, what if he petition me to Australia as his wife, can we get divorce in Australia? He already have a son with another woman but we’re still legally married in the Philippines. the woman is not in Australia. Thanks. Really need advice on this. God Bless.

        Reply
        • Jeff Harvie

          He can’t get a partner visa for you if you’re separated, even if you’re still married.

          And he’s not “petitioning” his kids. He’s applying (I assume) for visitor visas for them.

          But no, you cannot use your ex-husband to get a free ticket to Australia, and I find it really strange that you would even suggest such a thing.

          Reply
  58. Fiona Hairston

    I AND MY LOVER ARE BACK TOGETHER AFTER 3 YEARS OF SEPARATION

    Reply
  59. Lei

    Hi Jeff 🙂 Hope you are well. I am a Filipina on a student visa in Australia. My Partner is a permanent resident. He was married in the Philippines but got separated with his ex-wife two years ago. The ex-wife got pregnant by another man and has a new family now. They have 1 child and currently under the care of my Partner’s sister. The ex-wife has abandoned their child and is not in good terms with my partner.

    My partner processed his divorced in Australia and was granted earlier this year. We are getting married in a few months in Australia as the catholic church allowed us because he got divorce papers.

    My questions are:
    1. Can he sponsor me on a Partner Visa?
    2. Can the ex-wife file for any case against my Partner and me because we got married here in Australia?

    Hoping you can enlighten us with our situation 🙂 God bless

    Reply
    • Jeff Harvie

      1. As long as he meets the criteria for sponsoring you, then yes
      2. The ex-wife MAY be able to file a case. I don’t know, because I’m not a Philippines attorney. But the Philippines courts have no jurisdiction in Australia. He’s safe inside Australia. I also think it would be unlikely she would file a case, considering she committed adultery while still married.

      Reply
  60. Joan of Ark

    Hi Sir Jeff! Good day! I am a Filipino, residing here in the Philippines. I applied for Student visa in my plans of going to Australia and be with my boyfriend, but got refused twice. I am legally married, yet separated for more than 5 years now. I don’t have any means of communication with my legal husband, nor he supported me and my kids. I did not file for annulment because of financial matters. My boyfriend for 4 years now is on student visa in Australia. He was just there July this year. I want to know if I can file he can file for de facto since we have been in a relationship for more than 4 years now, but I am not in his student visa application because back them the agency who processed his visa said might as well I should apply for another student visa application because we dont have proof of our relationship, like contact of lease because we stayed in my parent’s house. Also, we dont have any joint bank account too, and no properties named under us. But, our relationship has been known to both our families, in fact he stayed in our house. And we have the same address when we both applied for student visa. His government IDs like driver’s license, postal ID and SSS ID were also in same address as mine. Can he add me as his de facto partner even so we dont have joint bank account, properties and lease contract to prove that we are living together and in a relationship for more than 4 years now? Thank you very much!

    Reply
    • Jeff Harvie

      I don’t deal with student visas so I can’t advise you, sorry

      Reply
  61. Craig

    Hi there, My partner and I are currently in a bridging ( partner Visa) We were told to register our relationship in Australia . We tried to register it but the BDM website told us that my Filipino partner needs Philippine Government documentation to show she is no longer in a relationship. She and her Ex had tried to get an Annulment 12 years ago but it failed due to a mistake on the paperwork and they lost all their Money to lawyers. Is there a way to show they are no longer in a relationship that the Australian Gov will recognise?

    Reply
    • Jeff Harvie

      You can only register a relationship if both parties are legally “unencumbered”. If she’s still married, you simply can’t register your relationship sorry.

      Reply
  62. Earl

    Hi Jeff , my question is

    I’m married here in the Philippines and separated for almost 6 years and my bf is divorced in Australia. Do we have a chance to marry in Australia even im married here in the philippines? Thanks

    Reply
    • Jeff Harvie

      Not without an annulment, sorry. Only other option is to consider a de facto relationship.

      Reply
  63. Lou Lopez

    Hello! I am married in the Philippines and applied for annulment september 2018 My case was dismissed for no reason without my first hearing and refiled it again but my lawyers were not representing me very well so my court dismissed again for second time and i left the country already. Is it possible for me to get a divorce paper here and asked my ex husband to sign it so i can marry my australian boyfriend since i did try being annuled and exhusband willing to move on with our lives

    Reply
    • Jeff Harvie

      Are you asking about divorcing in Australia? You would need to speak to a lawyer about that, as it will depend on your residency status.

      Reply
  64. Nathan Minon

    Hello there

    I have married a flipina in the Phils and now we are living separated can I divorce her here in Australia ? Or do I need to go through the annulment setting I am not planning to re marry in the Phil’s or anything like that but I would like just to have it off my name here in Australia

    Reply
  65. Jeff

    I have a Filipina GF who married a foreigner in the Philippines, however they did not marry in the church. Does she still need anullmemt. We want to marry in the PH under the church

    Reply
    • Jeff Harvie

      There are church annulments and there are legal annulments. If she legally married, yes she needs an annulment before she can marry again.

      Reply
    • Michelle

      Hi I am still married in the Philippines.My husband filed an annulment but not granted.I am here in Australia with my Australian partner and we want to get married.Can i divorce my Filipino husband here?I am a permanent resident in Australia.Thank you for your response.

      Reply
      • Jeff Harvie

        Probably. Go and see a family law lawyer in Australia, and they can advise you properly.

        Reply
  66. John

    Greetings, Jeff!

    I’m divorced since 2008 and have been corresponding with a filipina since around 2012 (?). We are both near retirement. I’ve vacationed with her twice in Australia because we can’t get her a visa to come to the US to visit. Doesn’t sound like much of a relationship but we talk on Skype twice a day for at least two hours, and I know her children better than most people know theirs…

    We love Australia, I’m not sure I can afford to live there. But I’m thinking that maybe if we get married there it would be easier for her to get a visa to come to the US. She is in the process of getting an annulment, if she does get one and we go on vacation again in Australia, can we get married there? Or do we have to establish permanent residence.

    Last question: If we can do this, do you think this will facilitate her getting a visa to visit the US?

    Thanks so much for your help.

    Reply
    • Jeff Harvie

      Hello John. This is outside the area of my expertise. I IMAGINE that two foreign nationals could marry in Australia, however you would need to make further enquiries with someone who specialises in weddings (which is not me). As for whether that would help with a US visa, sorry but I have no knowledge of how they work at all.

      Reply
  67. Chloen

    Hi Jeff
    My fiancé was previously married to a Filipina In Hawaii ,but was already divorced in the US, Do we need the divorce To recognized in the Philippinees?or an annulment ?since we plan to married in the Philippines?tnx

    Reply
    • Jeff Harvie

      Why not just get married in Australia? It will be much easier.

      Reply
  68. jaydene

    Hello Jeff -my boyfriend is currently in the Philippines and he has been separated to his wife for nearly 3 years. I am an Australian, and I wanted him to come here and process his divorce here and get married here. I am not sure how to start this process, or if even is possible, he has no communication or have not seen his ex wife for 3 years.

    Reply
    • Jeff Harvie

      Not possible, sorry. Australian divorces are for Australian residents. Not for visitors. He needs to organise his annulment in the Philippines, or to look at the possibility of applying based on a de facto relationship if you are already in one. Please do an online visa assessment and we can see if we can help you.

      Reply
  69. patrick borthistle

    I wish to apply for a Visa to get my future wife from the Philippines to Australia to marry here here in Australia. She was Previously married but has been separated for more then 17 Years. What advise can you give me please

    Reply
    • Jeff Harvie

      She needs to get her marriage annulled, Patrick. If you were separated for 17 years in Australia from your spouse, you would still be legally married. It’s no different in the Philippines. The only other option is to establish a de facto relationship.

      Reply
  70. Jenny Villapas

    Hi I am married in the Philippines but I am divorced in Canada can I married my gf in Singapore , but my problem is my ex want to file bigamy in the the Philippines is that would affect for me thanks you hope you will response

    Reply
    • Jeff Harvie

      You need to check with the law in Singapore if they will recognise the divorce.

      Reply
  71. Paul Walton

    My girlfriend is still married in the Phillipines and I want to bring her here to marry her in Australia, can she get an anullment here so we can marry , if so what are the steps to take to get an anullment , thx Paul

    Reply
    • Jeff Harvie

      She can only get an annulment in Philippines. If she was a resident in Australia (I can’t tell you how long for, sorry. You need advice from a family law lawyer.), she may LATER get a divorce in Australia. But she still needs to get into Australia on a partner visa. She would need an annulment first, or otherwise be in a genuine and established de facto relationship with you before applying. Suggest you get a free visa assessment done, and we can advise you better.

      Reply
  72. Christine

    Hello, Jeff. I had a question and would love your insight, please?

    I am a Filipino citizen ( about to be PR), married to Filipino spouse. We separated for over a year ago. I have filed for divorce here in Australia. After which, I plan to get an annulment in the Philippines. My question is, am I legally able to marry here in Australia once my divorce goes through, before lodging for annulment in the Philippines? This is not Bigamy? Thank you very much.

    Reply
    • Jeff Harvie

      You do not need an annulment to marry in Australia. You need an Australian divorce. Think carefully before also going through an annulment, as it will only mean something in Philippines.

      Reply
  73. Nick

    Hi Jeff, not sure if this is the right place to ask, but here goes. My girlfriend is a Filipina working in Hong Kong as a domestic helper. She’s been separated from her Filipino husband for 4 years. He has a new family. She is in the process of getting a divorce for her marriage in Hong Kong. Both her and her husband have signed the documents etc. I would one day (after COVID) like to visit her in the Philippines. I have already visited her 4 times in Hong Kong. Do you know if I will get in trouble with the Law if I visit her in the Philippines considering that she is still legally married there. I would like to visit after her divorce papers from Hong Kong come through. Thanks for your time.

    Reply
    • Jeff Harvie

      I’m not really the one to ask about matters of Philippines law, Nick. However I will say that from observation (and not from giving bona fide legal advice, which I can’t give) it’s fairly unlikely. Someone has to report you for adultery, usually the affected husband. Given that he’s cooperating in a divorce, I’d be hugely surprised if he did. If you want some sound legal opinion though, you will need to get your lady to consult a Philippines attorney.

      Reply
  74. Maddy

    I’m a Filipina, my marriage is not annulled, can I marry my boyfriend in Australia? What visa do I to apply for or does he need to apply for me so I can go to Aus and we can marry. I have kids too. We were classmates back in 1998-2001 and have decided we want to live together (that means we have been apart since 2001) and just been communicating online, can that be considered a de facto relationship? Thank you.

    Reply
    • Jeff Harvie

      This is not something I can answer in a comments section. If you’re interested in pursuing a visa, please do a free online visa assessment.

      Reply
  75. Rodrigo Duterte

    Hi Jeff

    I am married here in the philippines but not yet legally separated or annulled. Then i have a new girlfriend partner for 2 years here in the phiippines. After that we went LDR as she was sponsored for a TSS visa medium-long term in Australia. Im declared as her de-facto partner relationship, can we get married in australia even if im still married to another woman here in the philippines?

    Reply
    • Jeff Harvie

      OK, I suspect you are not our president!

      You cannot legally marry while you are still married in Philippines. That would be bigamy, and it’s a crime. You can however talk to a family law lawyer in Australia and organise a divorce in Australia. That will suffice.

      Reply
      • Eugine

        Hi Jeff
        how are you. like so many others i wanted to thank you for the effort giving details and answer for people like us.. if you only know the help u are give us..

        mine is a simple one… she and i are filipino citizn at onetime. then
        we got married in 2011. then Then we got seperated in a few months and the aft that we filed a divorced here in Australia.
        both of us now are citizen . and i wonder if i can file a Annulment in the philippines easily?

        Reply
        • Jeff Harvie

          I imagine you could, however why would you want to go through all that? You would need to contact an attorney in the Philippines, as I’m not qualified to advise on Philippines Law.

          Reply
  76. John

    I have been married to a filipina lady since October 2009 and we have been having a lot or argument lately as she has been mixing with the wrong filipina crowd poisoning her mind for the last 6 months or so.They go party after party over and over and ignore me when she come at home after work.I am on a invalid pension from Centrelink and she is getting paid by Centrelink to me my care but she do not care for me for the last 12 months or more.I noticed that she has been very distant from me for over 3 months or so now.I was told by some of her friends that she will take me to the cleaners in a divorce. Last Tuesday she put a police protection notice on me to appear in court on the 7th of January.She told the police that I have been controlling her movements but no physical violence .I am in very good relationship with her family in the Philippines and when I called her brother to tell him that his sister (my wife) wanting to divorce me and his reply to me was “my wife has bee lying to me and to the Australian immigration in the Philippines on her fiancee visa application that her previous husband died so she could get an annulment by the courts in the Philippines as divorce are illegal there.He told me she has been bribing the police,magistrate and lawyers to get the annulment She lied to the Australian embassy in the Philippines about her children from her marriage but was caught out by the embassy who crossed checked with the NSO and found out she had 3 children from her marriage that she did not declare on her visa application.He brother told me the name and address of the husband who is still alive and well living in Argao Cebu in the Philippines.What are my options in this matter?

    Reply
    • Jeff Harvie

      Contact the Department and let them know, John. What they do then is up to them. 131881

      Reply
  77. Angel

    Hi,

    I had a few questions regarding my situation and was hoping to get some help and guidance from you.
    Any help would be greatly appreciated.

    I am a Filippino citizen that married an Australian citizen in Manila, Philippines (registered marriage in Pasig City, year 2017)

    Now I’m trying to go through an annulment but the process is so long.

    My Australian husband is no longer in my life since 2019 and I’m doing the annulment in the Philippines on my own (it’s very costly and time consuming).

    1. If I take the time to do the annulment, is it recognised in Australia?

    If I get the annulment done in the Philippines, can I marry again (an Aussie in Australia?)

    2. Do I need to secure a divorce in Australia as well as an annulment?

    Kind regards,
    Angel

    Reply
    • Jeff Harvie

      Australia will recognise the annulment, and no you don’t need a divorce also. However please check with a family law lawyer, as this is not my area of expertise.

      Reply
  78. Chinnie

    Hi Jeff,

    I am Filipino citizen married with an Australian citizen. We got married in 2018 here in Australia. We haven’t registered our marriage in the Philippines yet. Is it better not to register our marriage in the Philippines, just in case worse comes to worst, we’ll get divorced here? So we wont have any difficulties in backend process in the Philippines. (not that I am looking forward to it, I dont want to but we can never tell what happens in the future).

    Thank heaps in advance.

    Chinnie

    Reply
    • Jeff Harvie

      I’ve never had such a question before. I’m sorry to hear that you have doubts as to your marriage being successful. Note that in the eyes of the law, both in Philippines AND in Australia, a marriage is a marriage. Marry in Australia, and you are legally married in Philippines. If you claim to be “never married” in the Philippines when in fact you are, you would be lying and you would be breaking the law. I can’t advise you on that, and I really don’t want to get involved.

      Reply
  79. Joanna

    Any one knows a not so expensive lawyer that handles annulment. From Philippines?

    Reply
    • Jeff Harvie

      No sorry. You should find a local attorney close proximity to where the marriage took place. Otherwise you will be paying plane fare for an attorney from another city.

      Reply
  80. George

    I am from Philippines and still married with my x wife.No longer together for 3years. I have a pilipina australian citizen gf. She was my 1st love before I got married. And now we are wanting to be together but not yet annulled. My question is can we apply or register red our relationship as de facto?

    Reply
    • Jeff Harvie

      You can’t register a relationship when you are still married to someone else. And registering a relationship does not = a successful visa application anyway. You need to be in an established shared-life relationship for 12 months. A registered relationship certificate shortens the time, but not not lessen the need to prove the genuineness of your relationship (which is very involved).

      Reply
  81. Genessey Tolentino

    Hi jeff,
    I am student visa here and i took my husband from philippines as my dependant but unfortunately we seperated and now im in a new relationship with australian. My divorce is on process but my husband is threatening me through messages that he will gonna file a case against me from philippines. I am aware that annulment will be hard to file in philippines but Is it possible that he can still sue me for having a partner here in australia eventhough we will be divorce here?
    Thank you

    Reply
    • Jeff Harvie

      I suggest you speak to a lawyer in Australia (I’m not a lawyer), but I would be very surprised if you had an issue there. How can somebody in the Philippines bring a case against you in a different country? And whilst adultery is a crime in the Philippines, it is not a crime in Australia anyway. Get your divorce and move on!

      Reply
  82. Marcial Garchitorena

    Hi Jeff. I am writing on behalf of a friend of mine, aged 56 years, on a student visa in Australia. He met a widowed woman, fell in love, and both are in a genuine, loving relationship. He (my friend) is legally married in the Philippines. Will the marriage be permitted to grant him permanent resident status in Australia? Grateful for your advise. Thank you for your time.

    Reply
    • Jeff Harvie

      Definitely not. If he’s married in the Philippines, he’s married in Australia. They will want proof that he is single in the Philippines, so they should not try to hide the marriage.

      There MAY be a way. Suggest that he goes a free visa assessment and I can let him know. https://assessments.downundervisa.com.au

      Reply
  83. Gemma

    I am divorce in australia and i want an annualment in philippines…is that easy to have an annualment in philippines that im already divorce in australia?

    Reply
    • Jeff Harvie

      There would be no connection between the two, I would not think. You need to speak to an attorney in the Philippines.

      Reply
  84. Ben

    Hi Jeff, i am asking for a friend. My friend was a Philippines citizen and married to a Phillipines citizen in Philippines. Now they both are Australian citizen and got divorced here in AU afterwards. Can one of them apply for annulment in Phillipines without other party consent, using the divorce certificate from AU? Will the certificate be recognized in Philippines Court? Thank you.

    Reply
    • Jeff Harvie

      Would need to speak to a Philippines attorney about that. Not my area.

      Reply

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