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Divorce question from abroad

Question

I married my Belgium husband in the Philippines. He only visits me once a year and when he does he is abusive. During the course of the year we are apart he is always talking negative towards me and making me feel like his dog instead of his wife. We have no property together and no children. In my country divorce is not allowed, only annulment. Annulment is extremely expensive and takes very long time. Since he is a resident of Belgium, can I file for divorce in Belgium even though I have never been there?

Answer
Flanders09 Sep 26, 2017 17:47 Marked as helpful by the topicstarter

If you weren't married here or the marriage was never acknowledged here then there is no way Belgium can grant you a divorce unfortunately.

Answer
anon Sep 26, 2017 18:29 Marked as helpful by the topicstarter

I'd probably have to agree with FLANDERS09 above. I think you're going to have real difficulty in getting a Belgian court to decide on this. You weren't married in Belgium and presumably you have never been resident here either? You could try contacting the Belgian embassy in the Philippines and asking their advice?

Answer
PinayInNeed Sep 26, 2017 19:31

If he wanted to divorce me he would have no problem since he is a Belgium citizen? But if I want to divorce him there isn't much I can do?

Answer
kasseistamper Sep 26, 2017 19:41 Marked as helpful by the topicstarter

I'm not sure that you are right in believing that he can divorce you in Belgium.
The generally accepted rule here in Belgium, in the UK and, I'm sure, in other places as well is that you can only divorce in the country where you last lived together as man and wife/a married couple.
My wife married her ex in the UK and they wanted a divorce there but could not get one as they had last lived together in Belgium.

Answer
Flanders09 Sep 27, 2017 00:44 Marked as helpful by the topicstarter

Neither one of you can ask Belgium to grant you a divorce if the marriage was never acknowledged by Belgium. Plus you two never lived in Belgium as a couple. I am afraid you won't be able to get out of this easily. Basically he is living here as a single man because your marriage hasn't been recognized in Belgium. To repeat, neither one of you can ask Belgium to grant you a divorce.

Answer
J Sep 27, 2017 16:18

I'd suggest you go to the Belgian embassy and get the marriage recognised. I'd be almost certain that you are married without a contract, therefore, everything that is his is yours also, as that's the default situation under Belgian law.

That means if he owns property in Belgium, 1/2 of it will be yours if he dies. It also means that the Belgian authorities will check and make sure that he's not married in Belgium (because if he is, the marriage is illegal and therefore void).

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