Clair you assisstance is much appreciated, however in order to gain what i need out of this process, i'd like to refer you back to my original questions. i have stated in bold my take from your response plus questions relevant to your answer and my original question.
Once this has been covered i can accept your response.
1. What happens if he applies for divorce and what options do we have to remain together in the country?
she will have to return home and re-apply for residence as my fiancee/partner?
2. How long do they have to be married for before she can divorce and remain in the country?
1 year, however if they divorce she will have to return home prior to use being able to re-marry?
3. What option at this point are avialble to apply for and stay in the UK on her own right?
this doesnt appear to be answered? i assume this would fall under a normal VISA application?
4. Can they divorce their existing husband and re-marry and obtain the necessary residence?
Yes but she would have to return home and then re-apply as my partner? However same sex marriage is not valid in Philippines.
Could we Marry/civil union in the UK before she departs and then re-apply, would this be seen as a legal partnership if she was not a legal resident of the UK on the date of marraige? this would enable her to return home complete paperwork, get approved (exluding any other complications) and then return? or would the marraige be seen as void due to her UK VISA status at the time (Void)?
5. After two years of marraige do they get indefinate right to remain, if so what are the conditions to this? for example do they have to remain married to their existing husband, and if they divorce does all their existing rights to remain in the UK become defunct?
From your answer, the best way forward is.....
try to obtain her partners assisstance, obtain her indefinate right to remain and then execute the divorce... from this point she will:
have the right to remain in the UK on her own right without marrying me?
We will be free to marry at our own will?