Äktenskapsmål för filippinsk medborgare (Divorce for Philippine citizen)

Hi everyone! I am a Filipino citizen and have been granted of 2yrs sambo visa. I am married in the Philippines but we have been separated for almost 14 yrs. I have filed an annulment in the Philippines but can't pursue unless i go back there and wait for a long time before they give decision. My question is: Is it possible for me to apply divorce in Sweden or i need to wait until i have my permanent visa? If yes, when?

Thank you and have a nice day!

Lawline svarar

Hello!


As I understand it, you are currently living in Sweden with someone. If I understand you correctly, your visa (what you mean is known as residence permit, but I will call it visa in this answer) is valid for two years, although you could also mean that you have been living here for two years.

If you have already been living here for some time with the intention of remaining here, you propably have Swedish domicile; it is especially likely, since you have aquired visa. If you have had Swedish domicile for at least one year, you can file for divorce or annulment of marriage here in Sweden (according to the 3:rd chapter, 2 paragraph "Lag (1904:26 s.1) om vissa internationella rättsförhållanden rörande äktenskap och förmynderskap", which you can find, although in Swedish, here: https://lagen.nu/1904:26_s.1). 

If you have not yet had Swedish domicile for at least one year, you can propably not file for divorce, since it is possible for you to return to the Philippines to do so. If you cannot afford that, or there is some other good reason not to go there, you should just wait until one year has passed since you moved here.

The court will, according to the same law mentioned above (its 3:rd chapter, 4:th paragraph), apply Swedish law with a few exceptions. Since both you and the one you are married to are Philippine citizens, either of you can claim that there is no reason for annulment or divorce according to Philippine law. If there are "special interests" at stake, divorce cannot be granted. Since you have been separated for 14 years, this is very unlikely.

Basically, Swedish law gives you the right to get a divorce right away if you have been separated for at least two years (According to "Äktenskapsbalken", 5:th chapter, 2 paragraph, which can be found here: https://lagen.nu/1987:230#A2).

In short: If you have been living in Sweden for at least a year with a serious intention of remaining here, you should be able to file for divorce.

I hope I have answered you question satisfactory.

Good luck!

Thommy Södergård ÅkessonRådgivare
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