DIVORCE SA CANADA

hi,

i just need clarification. my wife and i are already separated for almost 10 years. she is living now in ontario and i'am in philippines. she finally decided to file a divorce and she will be sending the papers to me in philippines for signing. my question is, is it possible to file a divorce if we are married in phillipines? and will the philippine court honor the divorce papers since there is no divorce law in philippines.

divorce in canada is based on the place where the spouse lives or simply residency, and not the place of marriage (philippines). so, if your spouse has lived in canada for at least one year she can obtain a divorce there in canada, on any of the grounds for divorce set by canadian laws. philippine law follow the rule of lex loci celebrationis which means that the forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the country in which they are executed (here the law of canada). it is true that ph law forbids divorce, but this does not mean that we will not follow canadian law. according to lex loci celebrationis, we should allow the contracts, forms, wills and other public instruments executed in canada.

vixen, that divorce can be recognized only if your wife is now a canadian citizen at the time of filing of the divorce