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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22309
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I got married in the Philippians and now want a divorce

Customer Question

i got married in the Philippians and now want a divorce
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.
If you reside in New Zealand, you can apply to the New Zealand family Court for the marriage to be dissolved. This will be binding in New Zealand and in the Philippines. You will need to serve a copy of the application on the other party, but it is very difficult to defend an application, which is based only on one ground, which is that you must have been separated for two years or more. There are no other grounds for having the marriage dissolved
Customer: replied 1 year ago.
Thanks , so when i go to the Philippines i serve her with a copy , but i cant serve her this until after 2 years separation is that rightshe has also had a child to me can i bring this child back to New Zealand.
Expert:  Chris The Lawyer replied 1 year ago.
You have to wait for the two years separation before you can apply. However you are not allowed to personally serve her with the papers, as it has to be done by someone independent. I'm sure you could find someone over there who could do that for you, and would be able to swear an affidavit of service. Bringing the child over would be a difficult exercise. You could only do this with the consent of the mother and you would need to arrange a visa for the child if it is not a New Zealand citizen. The child does not become a citizen because you are a New Zealand citizen, unless it was born in New Zealand while you were together and registered in New Zealand.

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