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.]
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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.