Free Legal Advice Philippines
Would you like to react to this message? Create an account in a few clicks or log in to continue.
Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Marriage in Phlippines but divorced in US

4 posters

Go down  Message [Page 1 of 1]

1Marriage in Phlippines but divorced in US Empty Marriage in Phlippines but divorced in US Mon Jul 09, 2012 12:59 am

gman


Arresto Menor

If a person got married in the Phlippines but then got divroced in the US, can one of them remarry in the Philippines?

The husband was already a naturalized American citizen when they got married, then petitoned the spouse. After several years, the spouse got her US citizenship and also got her dual citizenship. They got divorced. Can the spouse, now divorced in the US, remarry in the Phlippines? The person she's remarrying is also a naturalized US citizen.

Will Philippine law allow them to just show her Divorced decree? She was already a US citizen whenshe filed for divorce but has not yet applied for her Dual Citizenship.

Thanks.

lawyeranger


Prision Correccional

they wanted to get married in the Phil despite having acquired US citizenship? that's really something...

Philippine laws apply only to its citizen, not for foreigners, if they intend to marry here, i submit that they should first file for the enforcement and recognition of the foreign divorce decree so that their marital record in the Philippines will be cancelled at once...

attyLLL


moderator

if the divorce petition was filed at a time the petitioner was already a naturalized citizen then the divorce decree is valid.

this is a bit of a gray area, but i am aware that some local civil registrars have issued marriage licenses upon presentation of the divorce decree and the certification of eligibility to marry.

however, the US embassy no longer issues such certification and leaves their citizens to just issue affidavits that they are eligible.

https://www.facebook.com/BPOEmployeeAdvocate/

gman


Arresto Menor

@Lawyeranger - the husband was the only US citizen at the time they got married, then he petitioned her when he came back to the US.


Thanks for the replies.

attyjoyce


Reclusion Perpetua

gman wrote:If a person got married in the Phlippines but then got divroced in the US, can one of them remarry in the Philippines?

The husband was already a naturalized American citizen when they got married, then petitoned the spouse. After several years, the spouse got her US citizenship and also got her dual citizenship. They got divorced. Can the spouse, now divorced in the US, remarry in the Phlippines? The person she's remarrying is also a naturalized US citizen.

Will Philippine law allow them to just show her Divorced decree? She was already a US citizen whenshe filed for divorce but has not yet applied for her Dual Citizenship.

Thanks.


Hi gman.

In my opinion, their marriage falls under the classification "mixed marriage".

If the spouse who wants to remarry in the Philippines is a dual citizen, then he/she is still governed by Philippine laws. Under Philippine laws, a divorce decree obtained abroad should be judicially recognized here in the Philippines for purposes of remarriage of the Filipino spouse.

For more free legal information about Recognition of Foreign Divorce, please visit www.domingo-law.com

http://www.domingo-law.com

Sponsored content



Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum