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husband in Uk with mistress,where to lodge the complaint

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maylacajigal


Arresto Menor

Dear Sir/Madam,

I just want to seek a legal advice regarding my marital problem. My husband is working in UK, Filipino and working under work permit category.
We got married lastyr,January 23, 2009.We dont have children. I stayed in their house with his family despite of his absence.. My husband doesnt give me money directly, he sent it through his mother which I dislike.His priority was still his family.
When he had a vacation last January, I found out that he has messages from other women in his cp, I confronted him but he got angry with me and told me not to stay in their house anymore, in short pinalayas po nya ako.. I felt so upset so I decided not to stay there anymore. We talked before he went back to UK again that he will support me financially.
But he didnt support me, I messaged him but he said to get it to his mother. His mother sent to my bank account only once, 6,000 pesos last February.I dont have job because he asked me to resign in Dubai, UAE.From then on, no more support. He doesnt communicate to me either, even his family. I suffered financially and emotionally. I couldn't tell it to my family because I am keeping it to them, pretending that we are ok.I am afraid that they might got angry with my husband.
Several months we didnt communicate.I tried to get my job and support myself.Then it was just recently, my husband's co staff told me that he has an affair with his british deputy manager and that whore was pregnant, 3mos.Everyone thought that I and my husband are already annulled and separated. I want to fight for my rights na matagal na nilang tinatapakan, pati ng pamilya nya.Not that I want to win him back but to teach him a lesson for being irresponsible and unfaithful.
What actions should I do? How can I complain them, they are in UK? Pls advice me. Thank you very much.

attyLLL


moderator

sorry to hear about your situation. your best recourse will be to file a complaint against your husband for economic violence for lack of support. you can also try psychological violence against them both, but i doubt if it will prosper against the mistress.

both are under RA9262. you can allege that the violence was experienced here in philippine territory.

your complaint can progress until a warrant of arrest is issued. you can give a copy to the Bureau of Immigration and if your husband returns he may be arrested or he will not be allowed to leave.

trying to get them in UK requires you having to file a complaint there under UK law.

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maylacajigal


Arresto Menor

thank you for very much for your advice,its a big help. How can I let him to be deported? Which agency here in the Philippines shall I go for help to link with UK government? His contract will be till february 2012 and I heard that he wont come back till he finishes his contract.And 2yrs is too long for me. I already complained them in their HR dept. because both are working in one company and that whore is his superior. But till now there's no reply from them. I am so upset at kailangang maparusahan sila saginawa nila sa akin.

attyLLL


moderator

it will be difficult to try to have them deported. you will be asking the philippine government to officially deal with a foreign state. don't go that route. file your criminal case here.

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maylacajigal


Arresto Menor

Then, it is difficult to let him to be deported..Attorney,if I understood it right, I have to undergo some processes like filing it to the court with my evidences, then go to the Bureau of Immigration? Am I right? So if I file a case, there will be notification for him? Then I have to send that in UK? Or to his family in Laguna, and let his family tell it to him? Then if he knew that there is a case against him here in the Philippines, he wont come back anymore..then how can he be arrested?

I want to ask also about evidences, can you please give me an example?

Somehow I am a bit happy, though their HR dept haven't replied me yet, my informants in Uk told me that the deputy manager in their Home , who happens to be my husband's mistress was seen in their office crying. They seldom see her, and the office is always closed. The staff are thinking that the management talked to her already.I dont have feedback what happened to my husband, umiiwas na daw po sa mga staff at sinabing napaka gulo daw ng buhay nya.Well, its the doze of his own medicine.Kulang pa yan sa lahat ng sakit na ibinigay nila sa akin, matagalan ko man makuha ang justice dito sa Pinas, I do hope that their HR dept. will do something about it.

attyLLL


moderator

you should file your complaint at the prosecutor's office. it is better to have a lawyer assist you in drafting.

there is no guarantee that if the case is filed in court, he will ever be arrested if he is in another country. he has to be caught here. that is a risk of filing a complaint. good luck.

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maylacajigal


Arresto Menor

Im a bit disappointed if its like that. So it means there's no guarantee that he will be punished for what he did. My informant told me that he will apply for an ILR or Indefinite Leave to Remain for residency purposes before coming back home, on 2012.Then its more difficult to catch him if he's already UK resident returning in the Phils?

Im still thinking if annulment will work, but I need to spend a lot of money. Napakaswerte naman nya, he committed the mistakes without punishment and now I will set him free for free??!! Feel very upset, what is the best action that I must do to somehow get even.
Thank you very much.

attyLLL


moderator

he has to come back here some time. file your case in the prosecutor's office and when the warrant of arrest is issued, send a copy to the Bureau of Immigration.

It may take years and you have to be vigilant, but when you hear he gets back, have the warrant enforced.

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maylacajigal


Arresto Menor

ok i'll definitely do that. Thank you very much.

maylacajigal


Arresto Menor

Sir, I have an update regarding my husband's plan about our marriage. Is it possible that they are the one who will file for an annulment without his appearance and its only his family who will pursue the case? My informant told me that the family will hire a lawyer and will file an annulment in a no-appearance case. They will twist the story that I am the one who has psychological incapacity and the fee is 350, 000.00 pesos and it is guaranteed that our marriage will be annulled without my knowledge. They are hurrying up to file it, afraid that I might complain to UK embassy.

attyLLL


moderator

i have to admit that scheme is being applied all the time. if you can, have your informant monitor where they will file their case.

when you know which court it is, you can inquire which branch it was raffled to. you can make your appearance immediately and seek dismissal of the case for lack of jurisdiction if it was filed outside of your residence.

right now, i recommend you try to establish that your husband knows where your current residence is. you can even write a letter to him and his family that you know of their plan, and state your address. send by registered mail with return card. that way he will be placed in bad faith if he filed the petition outside of the jurisdiction of your residence.

there will still be remedies even if they are able to push through with their plan. the office of the sol gen will be eager to help.

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maylacajigal


Arresto Menor

My God!!!so this is possible,they are so cruel!!I wont let this pass, I swear! Thanks attorney, you are a great help! God bless you always...

maylacajigal


Arresto Menor

hello atty. I will update you with my current situation. I wrote a letter to my husband wih the help of OWWA and to my mother in law here in the PHils. Yes, they were alarmed with my letter, I stated my address and told them that I knew their detailed plans and somehow I gave them warning if they push it through with out giving me any notification of the case. I even itemized the possible case I am going to file against her son.Wow, instantly my mother in law and bro in law want to communicate with me that if ever we could see each other and sort things out. But I didnt reply them. Weeks later,I was informed by the Owwa Bureau in Uk that they contacted my husband, he was told to thresh out all the problem with me and must support me financially. Actually i dont have any plans with the OWWA, i was just pissed off everytime I remember when i was still empty handed when i have to beg my husband to support me.. and he arrogantly told me that i dnt have any rights with his money.Well, then its a slap on his face, he's still need to be reminded of his irresponsibility.Now he's learning to communicate with my siblings very politely but not to me.
I was informed by his co staff in UK that the company might not renew their contract anymore. My husband is living in with his British pregnant mistress already. And the prime reason that he desperately wants to annul our marriage asap without my knowledge is to marry his mistress to save him from going home after the contract but unfortunately their plan was discovered.
Atty Is it possible for him to get married again in UK even our marriage is still existing? Is it ok to ask him for big amount of money in exchange of an annulmnt, after all its his big advantage if we will be legally free.Just to get even... And about the financial support, is there any formula how to calculate how much should be given, we dnt have any child.
Thank you very much!!

attyLLL


moderator

good for you!

i am not familiar with UK law, but he might get a divorce there. it will not be recognized here but it may be recognized there, and he might remarry.

if you want to receive money from him, don't place what it is for (such as you won't oppose annulment) because that will be a void agreement. re financial support, there is no formula in the philippines, just ask for something reasonable and put an escalation clause. note that this is money to shut you up, but if you're good with it, enjoy!

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ladyganda


Arresto Menor

attyLLL wrote:

i am not familiar with UK law, but he might get a divorce there. it will not be recognized here but it may be recognized there, and he might remarry.


When he gets here in the Philippines, they can arrest him for adultery, am I right?

To Mayla,
Why will you ask him for money? Are you willing to set him free na? Can you also enumerate here all the cases that you enumerated to your letter? I would like to do the same thing because I was not financially supported by my husband and he has the guts to look for another girl.

maylacajigal


Arresto Menor

To AttyLLL, I already inquire at Philippine Embassy in UK if its possible to remarry him despite of the existence of our marriage.He can marry in the UK provided he is able to submit all the necessary documents for the marriage. And I always have the option to inform the UK Home Office of the British Embassy in Manila regarding the matter.


To Ladyganda: I believe its concubinage not adultery. Adultery is for women I think..
I cannot sue him for concubinage for I dnt have any hard evidence. I am not sure if you file a case at prosecutor's office they will immidiately ask for the evidence. Pictures of them wont suffice I think. Maybe I still have to wait for the child to deliver and hopefully I could get the copy of birth certificate. Yes I am asking for the support, just to irritate him because it was the OWWA who called him to remind his irresponsibility. Maybe he felt ashamed of the call that's why now he's talking to my siblings.
In the letter I itemized the possible case I am going to file
1. Grossly insults and driving me out of their home
2.Failure to support me financially
3.Sexual infidelity and continuously indulging in such illicit affair
I am still thinking all the possibilities.I also want to get out of the marriage. It's hell! It affects all aspects of my life.

17husband in Uk with mistress,where  to lodge  the complaint Empty Question Tue Oct 05, 2010 11:35 am

ladyganda


Arresto Menor

If I have work I cannot sue him to support me financially? because we never lived on the same roof? I told him to provide a place for me and he rejected me. I found out that he was dating someone else and the woman admitted that they were dating.

maylacajigal


Arresto Menor

well i think its still our rights to ask for support even we have work. In my case, OWWA didnt even bother to ask me if I have work or not.

maylacajigal


Arresto Menor

Hello again sir, I have another query. Is it possible that my husband will file an annulment and will accuse himself of being irresponsible and unfaithful? Is there such a thing and will it prosper? Thank you very much!

attyLLL


moderator

yes, he can file the case. yes, he can claim to be psychologically incapacitated. yes, it is allowed, and if the evidence warrants, it will prosper. your remedy is to oppose the petition. even if he wins, you can keep appealing it to the supreme court and it will be along time before he gets his annulment.

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maylacajigal


Arresto Menor

Sir in the case of my husband, then it would be easier for me to sue him if he accuse himself of infidelity/concubinage and irresponsibility? Or is it case to case basis only if it really falls into the psychological incapacity? Is there any summon that I must receive if he continues to file it despite of accusing himself?What if i dont sign the petition? Will it prosper?
Sir, the reason I want to delay the annulment is to get a support, not that I am greedy with his money but I want him to pay his moral damages to me as well as losing my job opportunities when he asked me to resign in Dubai and eventually bring me in UK after marriage to start our own family.

maylacajigal


Arresto Menor

Sir another question, in case my husband agrees with the support like he promised to OWWA, what are the most important details should i put in the agreement,I want to put it in black and white for i dont believe in his verbal words anymore. Thank you very much!

attyLLL


moderator

yes, you should be given notice. the letter you sent to him before will have the same effect. the process is still the same.

the basic points in the agreement is the amount he will pay and the frequency. everything else is just fluff. you can look up sample support agreements on the net from other countries.

so what did you say to his siblings? i believe this is your best opportunity to enter into an agreement with him.

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ladyganda


Arresto Menor

Your case is almost the same as mine, the only difference is I am based here in the Philippines. He never supported me, I am tired of fighting for my love for him. How much will it cost me if I will file a case for my husband who never supported me. I convinced him to stay with me but he rejected me, he wants to provide more for his family than his wife. I was taken for granted. I want to fight for my rights also.
Just like the thread starter, I want my husband to suffer also. What is the best step? File a case of Psychological harm? Then send a copy to his company? Send a copy also to the bureau of immigration so he cannot get out of the country?

attyLLL


moderator

lady, please read through the thread. my advice to mayla would be the same.

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