Discussions are welcome in the Forum. As more subjects here are discussed by the readers, the interaction of one topic with another (or between related laws) results to a legal melting pot, enriching the pool of topics to choose from.
For instance, we have discussed (“Divorce and Annulment in the Philippines“) that a Filipino – wherever he/she may be located in the world – is governed by Philippine laws on marriage. This means that while he/she can secure a divorce outside the Philippines, such divorce is NOT recognized in the Philippines. The same article also contains a discussion on the effect of losing Filipino citizenship vis-a-vis divorce. If a Filipino is naturalized as a foreign citizen and, in the process, loses his/her Filipino citizenship, such former Filipino can validly seek a divorce abroad and the divorce is recognized in the Philippines. In other words, after complying with the procedure in having the foreign decree of divorce judicially recognized (through a court action) here in the Philippines, the Filipino spouse may validly remarry.
Then came the new law (Republic Act No. 9225) that allows former Filipinos to re-acquire or maintain their Filipino citizenship. Here are the issues:
If a Filipino secures a divorce BEFORE losing his/her Philippine citizenship by naturalization as a foreign citizen (the divorce is not valid under Philippine laws), will the subsequent loss of Philippine citizenship have any effect on the validity of the previous divorce? Will it make any difference if the foreign decree of divorce, validly secured by a former Filipino, is not judicially recognized here in the Phils. before that former Filipino re-acquires his/her Philippine citizenship?
On the other hand, what’s the effect of the re-acquisition of Filipino citizenship on the foreign decree of divorce previously and validly secured?
I already suggested that the law students who had been asking me for thesis topics can pick up this one…and maybe provide us with the abstract of the study. In the meantime, let’s hear what’s on your mind.
[Updated: See Mixed Marriages, Divorce and Summary on Recognition of Foreign Divorce Decree in the Philippines.]
I would like to know the situation if a 2nd (foreign) husband obtains decree nullity in foreign court from a Filipina who is still married to a Filipino in Philippines. The second marriage took place abroad in 1991 in a RC church although no banns were posted in the Philippines.
What is the situation if she obtained Ph passport in 1973 by the same deception and fraud: claiming each and time and signing on official applications forms since 1973 to be SINGLE as well as using her maiden name only: although she was married in 1971 and never annulled or divorced.
In 1990 she applied for and obtained foreign citizenship and foreign passport using the same methods : deceptively and fraudulently claiming and signing to be single while using her maiden name. Furthermore deceptively and fraudulently signing that there is no impediment to the second marriage.
It is not know if she holds dual citizenship.
1) What are the implications concerning her Ph immigration status?
2) What is the situation concerning Ph civil law concerning her bigamy?
3) What is the situation concerning Ph criminal law concerning her bigamy?
4) What is the situation concerning RC Church?
Peter, pls see comments at the other post. Thanks.
Now, just to keep the ball rolling, so to speak, allow me to say what I\’m thinking.
Assuming that a Filipino is naturalized as a foreigner (and loses his/her Phil. citizenship in the process), he/she can validly secure a divorce abroad. However, the foreign decree of divorce needs to be recognized here in the Philippines (at least for the purposes of remarriage), and this is done in court. If the judicial recognition, done here in the Phils., of the foreign divorce is made BEFORE the re-acquisition of Filipino citizenship under R.A. 9225, I believe there should be no problem. While this is subject to the argument that this is pro-rich (just seek naturalization as a foreign citizen, lose your Phil. citizenship, seek divorce abroad, have it recognized here in the Phils., then re-acquire Phil. citizens), that is simply the effect, which may have been unforeseen, of the interaction between the laws.
Now, under the facts discussed above, what if the judicial recognition of the foreign divorce is sought AFTER Filipino citizenship is re-acquired? Please note that upon re-acquistion of Philippine citizenship, our laws on marriage automatically applies. Hence, it may be argued that it is contrary to law and public policy to allow the recognition of the foreign divorce, even if it was secured while still a foreign citizen. On the other hand, it may also be argued that the grant of the foreign divorce, while still a foreign citizen, has its legal effects that must be recognized here, even if such recognition is sought only after becoming a dual citizen.
My fiance is a naturalized citizen on 2007 in the u.s. by marrying his u.s. citizen (Filipina) from Cr1 on 1992. He re-acquired his Philippine Citizenship on 2010 (so he’s a dual citizen) and got divorced from his u.s. Citizen wife last year 2016. He then filed a petition in USCIS K1 visa for me.
I am worried because I have read a lot of negative article online regarding recognition of foreign divorce. But I couldn’t find a similar story as mine. I want to ask what do you think the US embassy in manila and the CFO might foresee in our situation? I’m a bit confused because considering these facts:
*They were married in the Philippines (1991)
*The wife is the u.s. citizen and my fiance is the alien (cr1) and got naturalized
*My fiance is a dual citizen but his wife is a u.s. citizen
Do they (USEM & CFO) have legal reasons for not allowing me to acquire k1 visa because of these facts?
Thanks for the reply in advance.
Shayne
Good afternoon Atty.,
I have a questions. Kasal po ako sa Amerikano dyan sa Pinas noong 2012. Ngayon nasa process po kami ng pag didivorce, pag nakuha kuna yong divorce decree namin ano po ba dapat gawin para mapawalang bisa ang kasal namin dyan sa pinas at para maging single uli ang status ko? May nag advise po sa akin to file petition sa local rtc to recognize the foreign judgement pag nakuha kuna divorce decree ko. Tama po ba iyon Attorney? How long po ba it takes after filling at magkano po ba kaya bayad pag nag file na ako?
Sana po masagot nyo po mga katanongan ko.
Rosana, please refer to this post: https://pnl-law.com/blog/summary-on-recognition-of-foreign-divorce-decree-including-a-divorce-decree-secured-by-the-filipino-spouse-in-the-philippines/
what is the situiation if a Filipino marries in Ph. Goes abroad within 2 years of marriage having acquired Ph passport using her maiden name claiming to be single.
Acquires foreign citizenship by deception. Does not maintain her Ph citizenship. Marries bigamously abroad after 20 years.
On return to Ph for visit(s) is she liable to be arrested as she is still married to a Filipino?
Cbuana, please see comments at the other post. Thanks.
hi,
I’m filipina married to a french national and we are living in HK. My husband wants to file a divorce..his reason is incompatibility. We were married both in France(civil) and in Phils(church). My question is if my husband initiate the divorce will it be recognized in Phils.? As soon as we have the final decision, do i need to send copy to NSO or to Phil. Consulate here in HK so the divorce will take effect? Please enlighten me on this. Thank you.
Hi,what if both parties applied for the divorce abroad (a foreigner and a filipino citizen). Will this law “Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall likewise have capacity to remarry under Philippine law. (As amended by E. O. No. 227, dated July 17, 1987.)” applicable?
Hi Mia,
That is a very interesting point, one which is not yet directly covered in Philippine jurisprudence. In my opinion, there are two views (by the way, I hope you’ve read the “Terms of Use” of this Forum):
1. Strict interpretation. – Any divorce decree granted upon the initiative of the Filipino spouse will not be recognized here. For instance, if the Filipino spouse is the one who first filed a petition, or if he/she is the one who initiated the “no-fault” divorce (asking the foreigner-spouse to sign the petition), then the divorce decree will not be recognized here. This strict interpretation is consistent with the laws’ bias in favor of marriage, and, necessarily, against divorce.
2. Liberal interpretation. – The provision is broad enough to cover a petition jointly signed by both spouses, as in “no-fault” divorce. The operative word is “obtained”. The law specifically provides that the foreign decree of divorce must be “obtained” by the foreigner-spouse. In other words, it’s immaterial who first filed the petition, as long as the foreigner-spouse also secured a decree or is deemed to have also obtained the decree. The SC liberally applied Art. 26 in the new case discussed somewhere in this Forum.
I was a canadian citizen when I married my husband…our marriage was not approve right away bcoz i was required to get a legal capacity from canadian immigration in Manila. We got married Jan 3/91 but was not approved by the civil marriage in Bacolod City til they got my legal capacity…and our marriage was legally approved Jan.17/91. I sponsor him here in Canada but as soon as he got his Canadian citizenship he left me & we got divorced. Canadian Imm. acknowledged my divorced & means that the legal capacity was also null & void.
My question is…as a canadian citizen who was divorced for 10 years now, am i allowed to marry in the Phils to a person (filipino citizen) who is also legally separated from his wife for 15 years? I want to sponsor him here in Canada, is it possible? Thank you and hope you can help me answer my question.
Sandie, I can’t answer the specific question, as no legal advice may be given here. Nevertheless, you might be intererested with the previous discussion regarding the difference between “annulment” and “legal separation”. One of the differences is the capacity to remarry – the marital bond remains in “legal separation”, which means that the spouses cannot remarry.
Atty. Fred, thanks so much for your response and I really appreciate it. Good day po!
hi, i have an interesting story here about a family friend of ours. the couple got married somewhere in the 70’s had two kids then. they were in business and was quite successful, however there were hills and valleys somewhere along the way. during the mid 1990’s the husband invested in heavy real estate while being employed in one of the largest corporations in the country. That is where the couple got their bread and butter. however, when the 1997 economic crisis set in his business got affected because of the exhorbitant dollar loans he owed the bank. to add insult to injury he made more loans. he had more expenses for interest payments. at the same time, they had to leave the company they were working in because they had a falling out with their boss. with depleting finances and out of the job they started a new business and made more borrowings again, this time in terms of private loans and merchandize payables. their liabilities piled up and business wasn’t really doing well, as a result, no one wanted to extend credit. they had to sell their condominium and speed boat and other luxurious things they once enjoyed. the wife, not being able to bear it anymore, secretly contacted the husband’s friend in the US and became casual friends. on the premise and motive to improve the family’s lot, the wife convinced the whole family she had to work in the states. she left, with the husband selling piaya in some obscure place and struggling to get his son finish his studies on a loan he owed to his friend. the husband couldn’t contact his wife for about a year and was so surprised that he got this court order from US authorities that he could not get within 100 feet of his wife.
when a family friend of the couple got in the US, the wife contacted them to meet up dinner time. a few days later, the family friend found out that the wife married a US citizen—her husband’s friend she contacted back in the philippines. it was found out she cohabited with him while still being married to the original husband. the wife alleged she sent divorce papers. only to find out she sent it to the wrong address. she is still on the process of acquiring her US citizenship. is there a similar jurisprudence to this story? now, the husband is seeing someone younger and would want to marry the girl.
lawenthusiast, I’m sorry but I can’t tell if the story is interesting (or stated my opinion) – I usually stop reading when discussions on matters, as relating to specific persons, go into finer details. It’s generally futile for me to do so, since I’m ethically prohibited from giving any legal advice on that set of facts. I hope you understand.
Anyway, the answers to certain questions may be gleaned from discussions on certain topics – here or at the Forum (http://pnl-law.com/blog).
Hi, I am almost 5years separated to my husband, this is our 3rd separation, 14 years married. We have 3kids on my custody. The kids are with him on weekends. I am against divorce. I did seek legal advise few years ago. Reason, psychological incapacity. However, the annulment didn’t materialize because of financial reason and I can’t handle the pain.
With the economy we have now, he’s planning to work in US. Future possibility is he might file for divorce there and marry x x x. They’re planning to go back here after 3years. I’ve already read the articles regarding this.
Is it possible for him to file for divorce there?
If he threatens me that he will not give financial support to our kids if I dont sign the divorce paper, what is the legal action I could do here?
Pls help or email me at njacc02@yahoo.com
Hi,
I got married in the philippines 2 yrs ago. Both me and why wife are filipino citizens which are both legal residents here in the US. She is filling for divorce here in the US. Since we are here in the US, she doesn’t really care if the divorce is not going to be recognized in the philippines. My question is, is the divorce going to be recognize as legal here in the US despite the fact we are still going be legally married in the philippines? I don’t want to get divorce. What are my legal rights and options? Please help.
njacc/ronaldbmz, I’m terribly sorry but we really can’t address your request for “legal options” and “legal action”. As stated in other posts, we don’t (and, more importantly, can’t) give legal advice relating to particular concerns.
If you would be kind enough to search through the articles in this Forum, you will discover that: (a) while divorce may be filed and secured in foreign jurisdictions, it’s not recognized in the Phils.; (b) there are legal remedies, civil and criminal, in the event that the husband refuses to give support. On the other hand, future posts may relate to your questions. Please drop by from time to time to see if there are related posts. I hope you both understand.
I am a filipino citizen, my husband is a US citizen by birth and we got married here in the Philippines 6 years ago. We share 2 children. He filed for divorce in the US this year and I received a letter of “Notice of Entry of Judgment” from his lawyer notifying me that judgment was entered on sept 18 for dissuolution and the effective date of termination of marital or domestic partnership status is october 22, 2006. Does this mean he can remarry after October 22 and so do I? Do we still need to apply for annulment in the Philippines?
Guys, if you look closely at the right sidebar, you’ll notice the “Related Posts” (uhm, I guess you’re using Internet Explorer, not Firefox. With IE, the right sidebar is pushed downwards, so you can see that at the bottom portion). One of the related posts is “Divorce and Annulment in the Philippines” (see also other related posts). In that article, Article 26 is quoted in full and discussed. The second paragraph of Article 26 does not make any distinction where the marriage is solemnized. In other words, it doesn’t matter if the marriage is solemnized in or outside the Philippines. As long as all the requisites are complied with, such marriage, is recognized as valid in the Philippines.
Also, as discussed in the “Related Posts”, a divorce decree secured by the foreigner-spouse is not automatically taken cognizance in the Philippines. It’s just like any fact that must be shown in court.
“ART. 26. All marriages solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35(1), (4), (5) and (6), 36, 37 and 38.”
—my question is this: if filipino citizen and foreign national was married in the Philippines. filipino national joins foreign national in foreign national’s country but does not get married there. if foreign national files for divorce in the future, does this law apply since it specifically states “All marriages solemnized OUTSIDE the Philippines in accordance with the laws in force in the country where they were solemnized…”
Good point noypi, how about those marriages WITHIN our country ATTY???
You mean to say Atty that even if the foreigner-spouse successfully secured a divorce overseas, and the Philippine Court does not “automatically” take cognizance of it, the foreigner spouse may be liable for bygamy if he marries overseas?
No, he will not be liable for bigamny.
I am a Christian filipino citizen who got married to a Sudanese national under the Muslim rites in Doha, Qatar. I never registered our marriage to our Phil. Embassy there. My eldest son, who was born in Qatar(but has a Phil. passport), and I came home to the Phil. last year so I could deliver our second son here. My husband is now living-in with another filipina in Doha but they are not married. I came to know about their illicit relationship when I accidentally saw on video that they are sharing the same room and house together and are using our marriage certificate so they could rent a house in Doha. The video’s with me right now. My questions: 1)since our marriage is never registered at the Phil. Embassy in Doha (and therefore not registered at our NSO), does that mean I am single and free to marry anonther one in the future?Would that make our sons illegitimate? 2)under Muslim divorce laws, the woman can file for a divorce in cases of adultery.Can I file for our divorce here in our country, and re-marry in the future even if I were the one who filed for the divorce first? Or should I wait for my husband to file it since he is a foreigner? If ever, can he file it here in our country at the Shariah Court? Pls. help…
g69g, you may have noticed that there had been numerous instances wherein we apologized for not giving any reply, mainly because we are ethically prohibited from giving any legal opinion. Again, we shall consider the issues raised in your comment in preparing new articles for future posting. I hope you understand.
Atty. Fred:
My ex-husband & I are both Filipino citizen living here in the US. We were married in 1991 in a church. I filed a divorce and he willingly signed it and was able to get a divorce decree. After I obtained a divorce, I married a US citizen here in the US also. If I’ll visit Philippines, can I be charged with bigamy? Do I need to be there to file an annulment? Does Art. 26 applies to my situation? Thank you.
Marinette70
Marinette, please check the latest post, maybe you’ll find the answers there.
Atty. Fred,
Enquiry:
Sir, are guests allowed to answer questions from other guests? I am contemplating on giving some personal opinion (in comment form) on some of the interesting questions posted above, but I am afraid I might violate your site policies. Anyhow, I am not constrained by the same strict canon you are constrained with since I am not a lawyer, but would that be a problem as well?
Thanks.
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hello, i need your help.
I and my fiancee planned to get married this january.But there had been questions in my mind right now.
My fiancee is a naturalized american citizen.He got married here in the philippines when he was still a filipino citizen.He later on filed a divorce when his wife was gotten pregnant by another guy.Will he still be allowed to marry here in the philippines again?will he not be sued for bigamy for that?..
thanks for your legal help
territorial regimen, guests are encouraged to discuss the topics here. Still, should we receive any complaints that certain discussions are improper, we may act on it.
Irene, we have a number of posts relating to your questions, including this:
http://pnl-law.com/blog/divorce-annulment-philippines/
As long as the requirements for a valid divorce abroad and the divorce decree is recognized here in the philippines, there should be no problem with bigamy or other matters. Good luck.
atty. fred. thanks for replying. My fiancee is just really bothered.Kasi a legal officer in the Philippine embassy in san francisco told him na hindi raw automatic na mawalang bisa yung previous marriage nya sa pilipinas.Kailangan pa daw sya mag apply through court.Is this true? If it is, howlong will it take.Sana naman hindi na necessary.And what do you mean by saying “as long as the requirements for a valid divorce abroad and the divorce decree here in is recognized in the phili?” di ba, divorce is not recognized here in the phili? naguguluhan ako.
Irene, I really hope you take time out to read the related articles (as well as the comments/discussions )in this Forum because your questions are most likely answered there. Take this article –
http://pnl-law.com/blog/annulment-divorce-legal-separation-in-the-philippines-questions-and-answers/
A court proceedings is required before a foreign divorce, assuming that it’s in accordance with Article 26 of the Family Code, may be recognized here in the Philippines for purposes of remarriage.
Good luck!
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Attorney Fred,
I found this site really interesting and informative to those who need to clarify things.
Here’s my complicated situation.
I was legally married Febraury 1997,to Mr.A, and had two kids with him. When I decided to work overseas and been working overseas for almost five years now. When I worked abroad last December 2002,it takes only two months since I left, that my husband Mr.A made another woman pregnant around Febraury 2003 then he married the girl without my knowledge in the court of judge and registered their marriage at the NSO office the same year July 2003 legally. Then after one year my sister provide an evidence and sent it to me their marriage contract of my husband and the girl that cause our marriage end, and we both agree to end the marriage.
The case is, my husband has two registered name in NSO office. His first registered birth name to his unmarried biological parents was the one he used to married the girl. Since his biological parents broke up, and my husband live with his grandparents and they decide to change his name at the age of 4,without any legal birth certificate to his second name. They used his second name to go school until he finished his degree in college, so his first registered name was not used any longer.Then before he finished schooling I got pregnant and we decided to got married but he don’t have birth certificate to his used name(his second name)so his father filled an affidavit for late registration to his second name so that they can provide a birth certificate and register his second birth certificate(thinking that his father closed his first registered named but they never closed it legally). Now he used his second name to all his legal documents like SSS,Professional license, Work and etc. but he hasn’t closed his first registered name.
My questions are:
1. Who’s marriage is valid and invalid? Mine who he married first to his second name? or his second marriage to the girl under his first registered name?
2. How can I file an annulment to this case?
Please help me on this matter.
Thank you so much and I’m looking forward to your reply. I don’t have any knowledge about this complicated situation.
Regards,
Jessie15
Jessie, I hope you understand that only legal information, not legal advice, is given in this forum. These are matters that can’t be threshed out by discussions over the net. These should be properly discussed in more detail, something which I can’t do.
Hi Atty Fred,
I am an Australian Citizen by birth and currently seeing a phillipino boy who is currently still married in the phils.
My question is, what is the difference between a Divorce and an Annulment as I thought there was no divorce in the phils.
Also what are the rules that apply to obtaining an annulment. I have read the other posts and although they are interesting, the legal jargon is quite confusing. I am hoping you can help explain things in plainer english for me.
Thanks veru much. Alley
hi,i got married in the philippines last 2002,and now that im in canada and a permanent residence or landed immigrant,i filed a divorced here against my ex husband,my ex husband is in the philippines and he agreed and signed the divorced paper that i sent to him,my quetion is this,is it valid under the philippine law the divorced that i filed here,and am i allowed to get married again here?im not a canadian citizen yet, as i’ve mentioned earlier im a permanent residence here but for sure i will apply my citizenship this year, i hope that you can help me with my question. thank you 🙂
i was married in March 2006 then we separated 9months after. We have one child. After we separated, i have never heard of him, no support for the child from him.its been 8yrs this coming March. I want to file an annulment to annul our marriage. I am currently a permanent resident of UK. What is the chance of getting the marriage to be annulled. What is the easiest way to get married again. I heard about petitio for presumptive death. Can i file for that so i can remarry?
Alley,
In the previous (repealed) divorce law existing in the Philippines, adultery and concubinage were grounds for divorce. Sexual infidelity, as the law stands now, is merely a ground for legal separation. There’s also a no-fault divorce in some foreign jurisdictions, which doesn’t need any reason other than the agreement of the parties. This is not allowed in annulment. The simplified discussion on the steps and procedure is here (I hope that’s simple enough):
http://pnl-law.com/blog/steps-procedure-in-annulment-declaration-nullity-of-marriage/
Sandy,
The law is clear that Filipinos, no matter where they are in the world, can’t validly seek divorce.
Happy,
The “chance of getting married” depends on the grounds invoked and the evidence to support these grounds. You could read more about it, including presumptive death, in this these posts:
http://pnl-law.com/blog/annulment-divorce-legal-separation-in-the-philippines-questions-and-answers/
http://pnl-law.com/blog/presumptive-death-of-a-spouse-for-subsequent-marriage/
I’m a catholic, and my bf is a muslim. Before we met, he was first married to a muslim woman because she was bearing his child. He explained to me muslims believe that the marriage was necessary for the child to be healthy. They were separated immediately after the marriage ceromony because the bride’s parents did not like him. They do not have marriage contract or other legal papers to support their marriage. Since they were separated, he and his family said that we can get married with no difficulties because both parties agreed that it is best for them to live separately because of the feud of their families. He and his parents cannot even see his child. Was it necessary for him to still accomplish divorce papers eventhough there was no legal documents. What if we got married, will his ex-wife have rights or any claims to disqualify our marriage? Does her disapproval have any bearing? Will I be considered as his first and legal wife if his marriage was no longer valid?
Thanks for this forum. I have read all the posts and articles on annulment. I’m an American citizen and married in the Philipines. I am about to be granted a valid annulment from the filipina and would like to remarry in the Philippines. It appeares that the process to remarry would start with a Petition for Judicial Recognition of my foreign annulment. Is this correct? and, How do I begin the process?
Dear Atty.;
I have a bf na nasa Australia, he told me that he’s divorced. Im just confused bec they got married in 1999 here and they went in Australia last 2004, now got their Australian citizen, and bec of incompatibility his wife left him. Now divorce na sila. We’re planning to get marry and i want here. Legal ba ang marriagge namin just in case na pakasal kami dito….he wanted kasi sa australia na kami magpakasal.
hi atty,my friend got civil marriage to egyptian here in phil.at yr 2001..then her husband left since 2003 until this yr’2009 she doesnt know where.IS MY FRIEND CAN REMARRY AGAIN..? IN WHAT WAYS? THANKS AND MORE POWER…
Hello,
Good Day
Im glad i found this website..
I was married of an American national here in the Philippines last September 2003, 3 days after our wedding he flew back to USA. April 2006 he visited me here in the Philippines for 20 days. Then July 2007 he filed a divorce in the USA and i recieved the final decree of my divorce last December 2007. I live here in th Philippines…. I never been to U.S.A.
I want to use my single name back but in the final decree of my divorce it doesnt show that he put my single name back and its not yet authenticated from the Philippine embassy in the U.S.A. What should i do? I BADLY NEEDED MY SINGLENESS. What are the requirements do i need to prepare to void or null my marriage record at the NSO and to get my singleness back.. I need my singleness..
I hope you can help my problem..Please help me..
Thanks More Power..
Hi all. I’ve been browsing around, and I want to understand this correctly, so I’m thanking you in advance for any clarity you can give me on this. If you have a woman in the Philippines who has long been separated from her husband, and she wanted to marry an American citizen, all she would have to do is come over here, get a divorce here, then a justice of the peace wedding, and then they’re an American citizen? Does the “K” visa apply anywhere here, or does this bypass all of that? If the “K” visa does apply, that’s a lengthy process. How do they manage to stay in country long enough for it?
Thanks for any clarity on this *smile*
Oh, and my apologies if my question was repetitious…I’m trying to understand this, but still seem a little confused on the direct application.
Again, thanks!
I am separated for over 8 years now. I’m working at the US. and have a new family back then in the Philippines. I have declared my legal wife in all my documents. Now, I’m planning to apply divorced here in the US for i want my 2nd family to be my dependent and apply them for h4 visa petition. By the way, I am not yet an American citizen nor holding green card. Is this possible? If we grant the Divorced, can i marry my domestic partner in other country? Can I apply them as my dependent and partner in my document already? Please advise
hi, im a filipina and i’ve been married to my husband chinese for 2 yrs.we were married at a city hall here in japan. after we got married me and my husband’s relationship changed.we don’t talk to each other that often,even though we live in the same house.i tried understanding that change,that maybe thats his personality,but i got tired of it.even whrn talked about the problem he just replies so what or i complain a lot.most of the time we piss each other and maybe thats mhy we end up not talking to each other.right now im livin with my mom,my husband is left at our apartment.i decided to divorce him,and he agreed but told me to file it myself.i read articles concerning the family code.i want re-marry someday,but how can i do that?please help me..
dear atty,
I’m just wondering how could a Filipino woman can get married here in Philippines twice? one with a Filipino guy and one with japanese guy??? how is it possible? and what will be the case of that woman will be? is it dual citizenship case or what??? coz i don’t have any idea, she have 2 passport 1 japanese and 1 filipino passport both name was from the both guys that she married…please i need to know more.. Thanks so much and more power..
Dear Atty,
My husband and I were married for more than 10 years now here in the Philippines. He has been working in Canada for several years already and I just found out that my husband has acquired a Canadian citizenship and is living with a wife and child (using his surname) in Canada. He won’t talk to me about the situation and I’m wondering if he divorced me in order to marry in Canada. Where can I go to find out if there really was a divorce (for me) and a marriage between him and the girl? What legal actions are available for me since he already is a Canadian citizen? Thank you very much.
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Hi attorneys..
I just need a help with my situation. I am previously a Filipina but I was naturalized as an American Citizen year 2007. My ex-husband(an American) and I were married in the Philippines 9 years back. Due to personal differences I decided to file a divorce And yah we are already divorce one year now. So basically I am an American citizen already when I filed my divorce. Now I am planning to file an annulment in the Philippines since I am already divorce here in US. Will I have the capacity to remarry again? Because I have a boyfriend who is a Filipino I wanna sponsor him on a Fiancee Visa..I wanna marry him here in states. please please please.. give me some advice.Thanks alot.
God bless.
I got married to a Canadian citizen( a filipino) He was married here in the Philippines with a filipina wife and filed their divorce after they become a canadian citizen. I would like to know if the marriage that we have is valid, we got a marriage license, had a civil wedding, and now he is planning to bring me to canada using a spousal visa, i read lots of documentation and cases concerning this matter however still got confused . Please help me understand the situation, as I understand by the late Corazon Aquino, it was recognized that any form of divorced filed after the person become a naturalized citizen in another country, is recognized here in the Philippines..I felt so bad with some comments from legal adviser telling me that my marriage is not valid.. and having it recognized by a court is just like spending a annullment procedures…
I have a boyfriend and we are planning to get married, the thing is he was married on 2001 and he and his wife filed for annulment last 2007. Until now he haven’t received any papers saying that the annulment is done because apparently the wife needs to show up to the judge. The wife is in NY and a US citizen now. She said she has no time to go home. anyway, the wife is saying that she will just file a divorce in the US. will that nullify the marriage in the Philippines?? please advise. Thank you!
My Korean boyfriend wants to marry me here in the Philippines but he is married in Korea. Is it possible for us to get married? How?
Hi! I am now US citizen, I didn’t know the time I left Philippines that the father of my children who asked me to sign a blank paper will use my signature to make a marriage certificate. He asked me to sign a blank paper saying that he will consult his lawyer to make a letter that I cannot oblique him for our children’s maintenance. I never love him and he just rape me when I got pregnant I always wanted to escape from him but unfortunately my parents insist to send me back to him because they will not allow me to live with them as an additional expenses to them that I since I bore a child with him, I should make him take care of me and my children. I manage to go and work abroad without realising he had produced a fake marriage certificate and I don’t know how did he manage to forward it to NSO declaring I am married to him. I just found out recently with NSO that this marriage certificate exist after applying for a CENOMAR. The time I went abroad 20 years back then I met a US citizen and we got married, assuming I am still single in my country records they never required anything from me in order to marry my US husband. After 20 years I went home using my US passport. I was told by my own mother that I have a marriage certificate with this Filipino and due to curiosity I applied for a CENOMAR and it did say that I am married to this Filipino and also married to my US husband. What do I need to do? I am now just US passport holder and US citizen alone, I am no longer Filipino citizen or dual passport holder. What is my status? If I decided to get a dual citizenship will this risk me for a bigamy? Do I need to file for an annulment even though I am not aware of this marriage existence? Thanks in advanced.
Dear Atty
3 years na po akong kasal sa isang American,meron po kaming 3 anak.Kinuha nya po isa kong anak at sabi i pepetion ang visa ko at i didivorce ako sa america..Susustentuhan nya po mga anak namin sa states pwera ako..Inamin nya po sa akin 2 days ago na nakipg sex po sya saibang babae..hindi din po nya sinusuportahan mga anak namin dito sa pinas.at bago po sya nka alis ng pinas 10 months po nya kami inabandona at walang sustento..2 weeks after delivery of my youngest daughter na basa ko po sa cp nya na merong syang ibang babae..ano po pwd ko ikaso at meron po ba akong habol?thank po
What will be the property stands in stuation of Filipino become citizen of other country marries the foreigner In same country and they get divorce…these Filipino has property in Philippines title has not in it’s name yet still on process ….is the foreigner has a right to chase and get the share of these property?
My girlfriend is married here in the phil with a foreigner. She got divorce in the usa. Can she get married here in the phil. Again? Thank you
cAN i FILE A CLAIM FOR MYY EX’S RETIREMENT PAY OR DO i HAVE TO GO THROUGH THE COURTS WHO GRANTED MY DIVORCE. oR CAN i USE ANY STATES COURTS.I WAS MARRIED FOR 20 YEARS TO A MAN WHO ABUSED ME JUST PRIOR TO OUR DIVORCE AND TOLD ME THAT IF HE LOST MY RETIREMENT I WOULD GET NOTHING.THE ALABAMA JUDGE LISTED IT AS ALIMONYDUEE TO ALABAMA LAW I LOST IT IN 1006 BECAUSE i used a po boxas my mailading address and my fiacne used the same po box. It was a very small town with limadited po boxes so i had no choicei am now legally blind.…..how do i get his retireadments pay. He hit me in the face with a wall phone as he was leavading. He didn’t even tell me he was leavading thea0area.please help ‚e////I worked very litadtle while a miladiadtary wife and am entiadtled to half of his retirement.
hi, gusto ko lang po itanong kung paano magprocesso ng pag aaply ng annulment? pede po bang paki bigay sakin paano at saan pupunta? please po in order po if you don’t mind!! salamat po
Hello. I hope this thread is still active. ..
A quick question. .. What if the foreign spouse is actually on dual citizenship status, I.e. a filipino-us citizen?
Thank you!
Hi I have a boyfriend and we wanna get marry but the problem is he got divorced with his ex wife in the Philippines here in US when he still a Filipino citizen.He got divorced 2009 and had his naturalization 2010.Is his divorced valid in the Philippines?Can we get married without any problem and thinking about bigamy?
I’d like to consult about my parent’s confusing situation. My dad had a first marriage here in the Philippines with a naturalized Canadian citizen (Filipino at birth). They got married twice (one civil and one church) She filed a divorce about 5 years after their marriage. My dad was then a Canadian Citizen. He went back to the Philippines to marry my mom as he was given the capacity to marry from Canada, He did not however file any petition for the recognition of the foreign divorce. My mother is a Filipino citizen.
Now, my parents are both dual citizen (Filipino-Canadian). They consulted a lawyer regarding their properties here in the Philippines. The said lawyer mentioned that their marriage is null and void as the divorce is not recognized here in the Philippines. In such event that my dad would pass away, his first wife and kids will have the rights to our properties. My sister and I would be considered Illegitimate and would get only about 30% while the first family gets 70%. My mom however has no right since their marriage will not be recognized. What would be the best thing to do?
Hi, i don’t know where to go because no articles have seemed to cover my situation- this is the closest i have seen. My husband is a dual citizen (US, PH), and when we got married, we made all his documents American so we won’t have any problems when it came to moving to the US. When we got our marriage certificate, his nationality says Filipino, because he was born in the Philippines- is this something that we need to take care of, or is it not really anything? We have heard different comments from different lawyers- and we don’t know which one to follow.
Hi I got married in Philippines in year 2000 and we are still a Filipino citizen that time. my husband and I renounce our Filipino citizenship in year 2007 and we are now a citizen of Singapore. May I know what is the procedure in filling an annulment in Philippines? can we apply for a divorce in Singapore? will our marriage in Philippines be void after we get a divorce in Singapore? I found out that my husband is having an affair and he wants to file for an annulment.
I would like to know if it is possible to get married again in the Philippines if a married filipino divorced his filipina wife abroad but they are not yet annulled in the Philippines. The man obtained his citizenship abroad by the time he divorced his filipina wife. Also, if it is already allowed, what are the requirements to get married again in the Philippines?
Good day. I got divorced here in Canada both my exhusband and I have permanent residency here (we are from Philippines) non if us filed annulment back home. I remarried to a Canadian citizen, i am now also a canadian citizen, can I go back home for a visit without worrying that my ex filed bigamy, since i am now a itizen and not in the Philipoines jurisdiction?
My husband (Austrian Citizen & passport holder) & I (HK Resident & filipino passport holder) got married in Hong Kong in a catholic church. So we are registered in HK as well as in Philippines.
We both have agreed to getting a divorce.
What are our options to making our divorce process smoother? If i surrender my philippine nationality and citizenship to a HK passport, will I need to issue a divorce in Philippines too?
Which is the easiest and less expensive way to complete this task?
P.S. My filipino passport is expiring on July 2018, should i renew it if i am planning to surrender my passport?
Thank you so much!
I am Australian born and retired in Manila. My former Filipina wife is naturalised as Australian citizen, but retains her Filipino passport. Australia has a no fault/no blame divorce system and the Filipina wife signed the consent form.
Question: can each party flaunt Philippine law by going to the Australian Embassy and obtaining Certificates of Non-Impediment, and then marry again in the Philippines, but not in the same province where the original marriage is recorded. I mean marrying other people, and not remarrying each other. It seems to me, since the Philippines does not have a central computerised register that another marriage would go undetected as each would be approved by the Certificates of Non-Impediment. It goes without saying that the parties concerned are not going charge the other with bigamy.
I would welcome any thoughts and comments that others may have.
Hello everyone!
I am a former filipino now british citizen since march 2017, on April last year I filed a divorce from my foreign husband and it was made absolute on September 2017. I want to reaquire my citizenship but the embassy wont let me change my name on my new passport as they say I need to go through the court process to get my divorce recognised in the Philippines even though i am already a British citizen. I thought being foreign when i filed a divorce this will then be enough to be acknowledged in the Philippines! Can anyone please enlighten me on this issue?
does judicial recognition of foreign divorce also apply to dual citizens, e.g. british/filipino?
Good day! My bf and i is planning to get married. The situation is this, he is a Filipino but now a naturalized American citizen and got divorced with his wife who is also a naturalized American citizen already… He and his ex-wife got married first here in the Philippines and married again in the US and eventually got divorced. My question is, shall we be allowed to get married honoring his divorced decree to get legal capacity to re-marry? What is thr procedure. Please advice me! Thanks in advance! God bless.
Hi, please read this article: https://pnl-law.com/blog/judicial-recognition-of-a-foreign-divorce-decree/
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Hi atty. We are both filipino citizens got married here in abroad and now i am already a norwegian citizen after our divorce. Can my ex husband remarry in the philippines? Thank in advance.
Hi attorney,
I read all the comments here looking for something similar to my situation but alas, none even comes close. I’m not seeking legal advice. I just need facts.
I’m a Filipina married to a foreigner (we got married in the Philippines) and we are living abroad. We are now separated. We may agree to get divorced here in the future.
If in case we get divorced here, I understand that if I want to change my surname back to the maiden name, the Philippine embassy will not allow it because I’m still married under Philippine law. Is that right?
In a few years a can become a naturalized citizen here, (not dual citizen). If so, am I still required to make the divorce recognized in the Philippines even if I don’t want to marry a Filipino (and also don’t want to get married again in the Philippines)? And if I decide to remarry abroad (not Filipino) will that be a problem under Philippine law since I’m not a Filipino citizen anymore?