She's the sweetest thing you've ever met. Her smile could light the stars. She's a beauty and things are going well. She feels comfortable chatting with you and starts to fill in the blanks. Her husband was a gambler, he abused her and ultimately abandoned her. STOP!! Are you about to walk into the Annulment and Adultery trap.

There is no Divorce in the Philippines, so what are the options for a Filipina separated from her husband and now in a new relationship. If she wants to remarry, her original marriage must be Annulled. Annulment can be a slow and painful process involving the court, psychiatrists and money. 

By now you should have spotted the big Red Flag… marriage is generally a requirement for a UK Settlement Visa.

What is Annulment? Philippines family law exists to protect the family and therefore prohibits divorce. However a Regional Trial Court can declare the nullity of the marriage. Isn't this the same as Divorce you may ask? Whilst the outcome is the same... you are free to remarry, the process is certainly different. A Divorce legally ends a valid marriage whilst Annulment presupposes that the marriage was void or invalid from the beginning. Most Annulment cases are based on Article 36 of the Family code, 'Psychological Incapacity'... hence the need for psychiatrists. Psychological Incapacity doesn't mean insanity, just incapable of complying with the essential marital obligations. This psychological condition must already exist at the time the marriage is celebrated.

Filipinas are often in an unfair situation. Chances are, she's been abused or abandoned and her only way forward is to seek an Annulment. The Filipina does all the work and pays the costs... the ex husband walks away with a free Annulment. Unfortunately, it's common for Western men to fall into a trap... they start a relationship with a Filipina who is still legally married without understanding the implications of the situation. The main reason Filipinas don't get Annulled is... they simply can't afford to and hope to find a future husband willing to pick up the bill.

But there are far more serious implications.

Adultery is a criminal offense in the Philippines with a potential lengthy stay in prison. According to The Revised Penal Code Book Two, Title Eleven, Article 333: Who are guilty of adultery. - Adultery is committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her knowing her to be married, even if the marriage be subsequently declared void. To put it simply… if you have sex with a Filipina who is separated from her husband but still legally married, you are committing adultery.

So who’s going to find out? The estranged husband is probably already ’shacked up’ with his new love… he won’t be bothered will he?... Wrong!

David Scott and his pregnant Filipina partner Cynthia, spent a New Year in a rat infested prison cell. Earlier, police had stormed the house in Manila where the couple were staying and arrested them following a complaint by Cynthia’s estranged husband… who by coincidence, was also demanding £7,000 compensation! The couple could hardly deny adultery… Cynthia was pregnant. To make matters worse, under Philippines law, the Scott’s baby could be handed over to the estranged husband.

Whilst this situation is rare, it can happen. ‘Wealthy’ Westerners are often a target for extortion, scams and rip-offs. Even if the estranged husband is willing to co-operate in a Annulment situation, he’s unlikely to do so without some ‘incentive’. Expect also the lawyers eyes to light up with ££ signs if he learns a Westerner is picking up the bill. And of course there is always the ‘Annulment scam’… you end up paying for a fictitious Annulment.

Now some will argue… we can’t help who we fall in love with. Whilst this may be true, we can control who we meet. Cruel as it may sound, there are plenty of single Filpinas looking for marriage. Without doubt, the safest place to meet a Filipina is a reputable Dating Website. One of the best, FilipinaHeart.com… requires members to disclose their marital status on their profile. I would also recommend asking the Filipina to confirm her actual marital status within the first couple of messages… it should be: never married, widowed, annulled or annulment on process.

Finally, what can you expect if faced with an Annulment? Anyone not used to the Philippine legal system will find the process 'rather unusual'. You'll also need the patience of a saint... Philippines bureaucracy and the pace it moves can drive you insane. Of course, be very discreet about the relationship. Any meeting should take place in a town where the Filipina isn’t known. A straight forward Annulment can cost between £1000-£3000 and take 8-12 months to complete.