Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Need legal advice

View previous topic View next topic Go down  Message [Page 1 of 1]

1 Need legal advice on Mon Jun 09, 2014 10:39 am

belle2014


Arresto Menor
Good morning! I need a legal advice for my situation. My husband and I were married there in Philippines 5 years ago but both reside here now in Australia. After he was granted his visa to migrate here, I learned that he had an affair with another woman who claimed she was pregnant that time. My husband never admitted the pregnancy but I found out lately that he has a child with her. I have read from our law system there that I can't file a concubinage case against them since they haven't live in the same dwelling and cohabited. What sort of legal stand can I have against there infidelity with the present family code? Can i possibly file a case of RA9262? My husband was found guilty of domestic violence recently here and under probation for good character for 6 months. He is undergoing psychological counselling for anger management. Hope you can enlighten me. Thanks in advance po.

View user profile

2 Re: Need legal advice on Mon Jun 09, 2014 6:29 pm

AWV


Reclusion Perpetua
In order to file a case under RA 9262 you should be both in the Philippines when the problem occurred. If he is already proven guilty of domestic violence, you have right to leave him under Australian law if you wish to! In Australia, if they can fix the marriage they will, but if you do not wish to live with him anymore you can file a separation for couple of years then file a divorce and forward it in the Philippines. Then his marriage to you will eventually process if petitioned.

View user profile

3 Re: Need legal advice on Mon Jun 09, 2014 6:32 pm

AWV


Reclusion Perpetua
It's too late to cancel his migration visa if he is already granted. Even if you two separate he can still apply to migrate individually. What is it really you want to do?

View user profile

4 Re: Need legal advice on Tue Jun 10, 2014 3:40 am

belle2014


Arresto Menor
I was in Philippines visiting on & off that year, I believe that during my 3 visits the last one was September-October 2009 they are still secretly together. Nalaman ko lang po yung affair after he came here (Jan 2010), he himself admitted that the woman even was with him in the airport during his departure. Based to what you have said that both of us should be present in Philippines when the affair happened, pwede po ba ito grounds for RA9262? Another thing I want to ask for your advice, what are the ways I can do to legally protect my assets/ properties na napundar ko before marriage para hindi siya mabilang sa conjugal properties namin? We don't have a prenup arrangement & legitimate children. It's unfair that whatever I have invested will go to his illegimate heir if seek for divorce one day. Thank you much for your help po!

View user profile

5 Re: Need legal advice on Tue Jun 10, 2014 5:05 am

AWV


Reclusion Perpetua
I was in Philippines visiting on & off that year, I believe that during my 3 visits the last one was September-October 2009 they are still secretly together. Nalaman ko lang  po yung affair after he came here (Jan 2010), he himself admitted that  the woman even was with him in the airport during his departure.

But what evidence do you have in hand to prove this is true? Concubinage is not easy to prove

Based to what you have said that both of us should be present in Philippines when the affair happened, pwede po ba ito grounds for RA9262?  

In order to file for RA9262 you should be in the country with him not living abroad, another thing he  has residency in Australia already! He can chose to avoid the case you file against him because he has right to live in Australia. US, UK, Canada, Australia has similar policy when it comes to infidelity, they protect people for humanitarian grounds, if you chose to send him to jail.
Remember this case?
http://www.dailymail.co.uk/femail/article-517821/British-man-facing-jail-adultery-Filipino-woman-asks-Why-wont-Foreign-Office-help-us.html

David and Cynthia was given the right to move to the UK because they will face 7 years in prison for adultery and their child will end up with Cynthia's Filipino husband so the humanitarian got involve with the case and voila! They are now living in the UK.

What I am trying to say here is, the Australian government will not cooperate with you to kick him out of the country only to get sent to jail. you can easily divorce your spouse for this ground but this ground does not apply in the Philippines.


Another thing I want to ask for your advice, what are the ways I can do to legally protect my assets/ properties na napundar ko before marriage para hindi siya mabilang sa conjugal properties namin? We don't have a prenup arrangement & legitimate children. It's unfair that whatever I have invested will go to his illegimate heir if seek for divorce one day. Thank you much for your help po!

You need a good lawyer for this one or read this one http://www.lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
from TITLE IV
LEGAL SEPARATION to
TITLE VI
PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE up to
CHAPTER 7
System of Complete Separation of Property
GOOD LUCK!

View user profile

6 Re: Need legal advice Today at 4:40 am

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum