Legal Question in Family Law in Philippines
i have a boyfriend who is married but separated for 3 yrs (not legally yet).they separated because of the wife's infidelity and financial problem. they have a 4 yr old son who's living in his inlaws.they got married in the philippines on sept 2006, the girl is 3 months pregnant during that time which became the reason why they immediately tied the knots.after giving birth to a son on march 2007 and living unhappilly together for months, they started to have indifference and financial issues. � my boyfriend's parents live in uk and so they were able to invite their daughter in law �to visit as tourist and stay with them.she worked there as a nanny illegally but they are still getting issues �about money handling.but during her stay in uk, in 5 months she had a boyfriend which was also a filipino who came from their hometown also, �(the man is married �and wife is pregnant during that time, they are family friends) which was being discovered by the wife and relationship admitted by both of them with evidences of chat conversations in ym.my boyfriend's ex wife often run away from home on a out of town or night clubs and got drunk and often tell lies which was unusual of her on their bf/gf stage according to my boyfriend..,after being discovered of her infidelity my boyfriend was still willing to give her a second chance,they talked on the phone and agreed to come back to the philippines to sort things out for family's sake esp. for their son,but she changed her mind and decided to stay in uk and choose money over family. and so my boyfriend decided to end their relationship and everything after that over the phone .now she is nowhere to be found, address not known and staying in uk illegally for 3 years without a passport. because it was left unnoticed at home when she run away for the third time.she still communicates with her biological family in the philippines.and the girl has her 2nd boyfriend now in uk according to his ex wife and �mother's common friend.my boyfriend and her has not communicate for 3 years. neither of them initiate to file for petition for annullment.until we met and fell in love in 2010 and now we have plans to be together legally or get married so my boyfriend wants to file for annullment. they talked over the phone about separating legally but recently she wants to get back with him,appologizing and begging for another chance.and telling�that she will not agree to annullment. �i believed she knew about us planning to get married and live together and started to act like that when my boyfriend wants to take custody over their son. we believed she is gathering information and evidences to turn things upside down over child custody .we heard that she will come back to the philippines and threaten my boyfriend not to keep away from him.
my questions are:
what are my boyfriends chances of getting an annullment?
what are her rights as a legal wife over my boyfriend now that they separated for 3 years?
can she file for concubinage and turn everything upside down even if she is committed adultery first?
what about child custody? can my boyfriend take the custody over his son if the mother is not present and is living in uk?
pls help us... we're so confused...
1 Answer from Attorneys
The chance will depend on the merits of the case. The wife is still married to our boyfriend thus she is entitled to all the rights under the law as married. Yes, the wife can still file a criminal case against both of you. The custody will have to be filed in court. Better engage a counsel of your own choice to represent you. Good luck.
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