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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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.