Posted by
Solie
17 yrs ago
I has just found out that my husband for 7 years got married in Canton almost 3 years ago. I am an american citizen and he is French. He had the nerve to register this second marriage in the French consulate in Guangzhou. What do I need to do in order to get things straightened in CHINA and what will happen to him and his second wife?
Please support our advertisers:
First, you can use evidence of bigamy to facilitate your divorce in the States. Unfortunately most jurisdictions no longer provide annulments in cases like yours -- especially after 7 years of marriage.
I am not sure what French law is regarding bigamy, but it is a crime in China. During the marriage process on the Mainland he would also have needed to provide a statement sworn to before a French consular offical stating he was married. Perjury or making a false statement may also be crimes in France.
What you can do is obtain your original marriage license, have it authenticated by the Chinese consulate serving the area in which the license was issued and give copies to the French embassy in Beijing as well as the marriage authorities in the city where your husband got married in China.
What should happen in China is that they will annul his Chinese marriage and open process against your husband for bigamy. I can imagine deportation to be a very real option when Chinese authorities verify he committed bigamy. Whether China will criminally prosecute is difficult to guess because it depends on many factors.
Because your husband's marriage was null and void from inception, his Chinese "wife" has no claims to community property.
Please support our advertisers:
Solie
17 yrs ago
Thank you so much for the advice. I sent the french enbassy here the prove this morning and they will contact China. In regards to the office in Canton I have not done it yet. It is a lot for me to deal with at the moment. The council told me that the annullment will take a long time. I wonder though if I should just leave it alone, I do not care anymore about this man anymore. What do you think? I am still in shock and would like to have the 2 of them in jail. I learned though that the woman has 2 kids and one of them (probably mu husband's)was registered at the embassy in Guangzhou. Although I wish to make her life hell I can not stop thinking on the kid who has no blame.
Please support our advertisers:
Divorces in China can be done very quickly -- even in less than 6 weeks.
You probably wouldn't be able to have the 2nd "wife" jailed, but you could likely get your husband in deep trouble. Also, when you do divorce him it may be to your advantage to show he committed bigamy. That way you might get a large financial settlement ordered by the court.
Please support our advertisers:
smells funny...
http://hongkong.asiaxpat.com/forums/legal/threads/105400.asp
Please support our advertisers:
I recently was told that Philippines nationals can get their annulment done in Hong Kong.
I thought it sounded a bit odd but has anyone else heard anything to support this claim?
A annulment in the PI is a very lengthy and expensive process and options to improve upon that would be welcome if anyone can share some info. in this regard.
The fiance got a legal seperation in the PI a long time ago but the price of the annulment there was truly out of reach for her.
Please support our advertisers:
In my opinion, you have to carefully contemplate what result you are aiming for; a mere annulment, revenge, compensation for humiliation?
An annulment may be desirable if you want to remarry. I won't comment on the morality of 'revenge' but I want to express my concern that if the woman your husband married is unaware of his bigamous status then she is innocent and you should not seek to put her in jail as well.
Lastly, a marriage that is not annulled or dissolved affords both sides certain legal privileges; if the two of you have different nationalities then you should examine what advantages your husband may still enjoy as your husband, or whether you stand to benefit from this marriage in his home country.
Divorces in China are not as easy as others have opined; you have to convince a court that your marriage is built on sand. I don't see how Chinese laws can be brought to bear on a foreign national illegally married to another foreign person. If his wife or second wife were a Chinese woman the matter would definitely look better.
Your best bet is to get divorced in the jurisdiction where the two of you got married in the first place.
Please support our advertisers:
"a filipino married in the philippines can file a divorce here in hong kong if both parties have been residing here continuously in hong kong for at least a year."
NOT TRUE. A lot of Filipinas (ex DH) married in the Philippines filed divorce in HK to marry western men. The Filipina is in HK and the Filipino husband in the Philippines. In the Philippines there is no divorce only annulment. If you are married in the Philippines, the Philippine law follows you wherever you go. You are and will still be married under that law UNLESS you file an annulment in the Philippines. Even if you file for a divorce in HK that won't be recognized in the Philippines because there is no divorce there.
I am surprised that the HK government recognizes a divorce filed here by a Filipino. Doesnt the HK govt know that there is no divorce in the Philippines? I thought a divorce is only acceptable if and when there is divorce in both countires. When these Filipinas file a divorce and marry here they commit bigamy as if the HK govt is helping them commit a crime. It is funny that the western men support these filipinas financially including their Filipino husbands without the western men knowing it bec their wives are still married in their country! Most of these women are not using their western husband's family name bec they could not change their family names in the Philippine Consulate. I think the HK govt should not allow a Filipino to divorce in HK and let them annul their first marriage in the Phils first. It may take long but hell, that's the Philippine law!
Please support our advertisers:
I think the biggest risk of divorcing here and not anulling a marriage in the Philippines is that the Filipino spouse can still sue for bigamy and jail or deport the spouse and her/his new partner. The new spouse could not even say that he did not know about the first marriage otherwise they would not have filed a divorce here in HK. Be careful about not anulling the marriage first as the "ex" spouse might and can extract money from you and you would not have a choice......
Please support our advertisers:
i have a question regarding the filipino divorced in Hongkong!
my sister is married in Philippines,and she is separated for almost a year to his Filipino husband.
today she have a foreign fiancee,the fiance want to marry my sister but the problem my sister is in Hongkong,she is working as Domestic helper.
the question is..,
is it possible to filed a divorced in hongkong?
what is the best things todo to filed a divorced in HK?
what is the requirements the filed the divorced?
and how much the cost?
please help!
and i need your quickly reply..
thanks and more power
Menggay!
Please support our advertisers:
Solie,
What a nice heart you have. Do not think about that baby of theirs. Think about you, yourself, the things you deserve and give what they deserve. If they will be in jail that is what they asked for. Work on it and give that man and woman what they realy deserve.
Wish you the best
Please support our advertisers:
You must be logged in to be able to reply.
Login now
Copy Link
Facebook
Gmail
Mail