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right as foreigner

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1 right as foreigner on Thu Oct 15, 2015 11:37 am

mervyn maher

Arresto Menor
my wife and i separated we built a piggery im Australian and work here to send to the money to complete now separated was told by her she keeping all and im to get nothing do i have a claim

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2 Re: right as foreigner on Thu Oct 15, 2015 7:11 pm


Reclusion Perpetua
Well. It's SUPPOUSED to be no difference from when two Filipinos are married (except foreigners have to sell fast if the foreigner get land in the split of assets).
It can be much more complicated, but the spouses geting half each is common, but can be adjusted for instance when something is obviouslt bought by money from only one of the spouses.
The foreigner have been treated fair in some court cases in the Philippines, but often not...

Some foreigners have been realy STUPID concerning how they have made the documents to get around the problem foreigners aren't allowed to own land in the Philippines (except it's possible to own max 40 % through a business IF the business itself NEED the land, otherwice nothing.) But foreigner CAN own WHOLE BUILDING (at leased land) but many foreiigners buy all in the wife/gfs name anyway, although the foreigners have paid all with money owned BEFORE marriage. That's no problem as long as they stay togerther, but make it much easier for the Filipina to take whole...

In YOUR case you say some of your assets are in Australia. I don't know, but it's worth trying to start a case in AUSTRALIA and INCLUDE all assets in the Philppines too in THAT case. So perhaps the Australian court say you get all assets in Australia and some in Phils, while the Philippine court will perhaps say you get nothing (in Phils). Then you have the some smaller part in Australia, but you get some.
I believe Australian courts are less slow too, so you can get alone decision right over the Australian part after not so long time.

If you have kids together, who will live with the mother, then you can expect the Philippine court - fairlly - will give more to the mother, which isn't odd because some foreign fathers don't pay support as they are supposed to do...
(E g I know of a case where an Australian-Filipina couple got a child together, who was seriously ill. A hospital in Phils did a rather big surgery for FREE, because the mother is poor, but the family had to pay for the travel and stay in Manila during the daughter was in hospital. The Filipino family managed to finance THAT part somehow, but they couldn't afford a follow up adjustment at home at Mindanao, when the done surgery needed opening to clean. So the small daughter died a very painful death in a few months. The father had went back to Australia and contributed NOTHING Shocked

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