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Free Legal Advice Philippines » FREE LEGAL ADVICE » FAMILY AND MARRIAGE » Petition for Recognition of Foreign Divorce

Petition for Recognition of Foreign Divorce

+17
aizashaik03
madzieasha
centro
Canadianguy
startagain
russleen
serenj23
Tandag1025
pjottr
totolan1208
AWV
julian12
attyLLL
mikiloveskimchi
attyjoyce
jd888
zelle82
21 posters

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AWV

AWV
Reclusion Perpetua

totolan1208 wrote:
AWV wrote:His previous wife has to do the filing and as AttyLLL said nowadays, she need a judge to process it. Your husband is not Filipino therefore his marriage to you is valid and he has got nothing to do with the Philippine law and documentation as he is Canadian.

Good info, but how about if he is a naturalized Canadian citizen which was previously married in the Philippines and got his divorce order during his citizenship. Moreover, he wants to re-marry again in the Philippines. Does he need to apply for a petition for recognition of his foreign divorce?? For info, the ex is in Canada and also currently married to another guy.

regards

Unless either parties make an issue out of it! then you will have to fight, otherwise its just an assumptions.

pjottr


Arresto Menor

Dear atty

Please allow me to ask you the following.

My marriage stranded unfortunately after many years. I am not a Filipino but a Dutch National and my ex wife is born Filipino.
She acquired however also her foreign passport and has dual citizenship.
I am living in the Philippines and would like to stay here as I am here already almost 18 years and I am at home here.

If I read the earlier conversation I understand that my foreign divorce decree enables me to remarry here in the Philippines without filing a petition for recognition. I only would need to obtain an Affidavit of Eligibility to re marry from my embassy- in my case here in Manila.
It would be up to my ex wife to file if she would like to remarry.

Is my conclusion after reading this post correct?

If I obtain an Affidavit of Eligibility to remarry from my embassy here in Manila - this according to what I understood- it would be sufficient to enable me to remarry.
However my previous marriage is still registered in NSO.
How can I undo this registration or will it be undone if my ex wife would file for recognition?

If she would not file for recognition and this NSO registration has not been undone will I still be counted married to her here in the Philippines;even I would not remarry again?

Respectfully I would ask you to enlighten me since my lawyer here in the Philippines states that I am the one to file for recognition.This seems to contradict my reading here on this forum

With regards to the documents the following The Philippine embassy in the Netherlands advised me to authenticate the divorce degree by the Min of Foreign affairs in the Netherlands as well as in their embassy in the Netherlands.
This would be sufficient according to them for the Philippine Court. How ever If I do not need to file for recognition here in the Philippines and will be able to remarry in the Philippines without filing a petition' there would be no need to authenticate at all.

Is this correct?

Again I respectfully would like to ask your advise

With thanks in advance and waiting your reply
Pjottr

AWV

AWV
Reclusion Perpetua

Please allow me to ask you the following.

My marriage stranded unfortunately after many years. I am not a Filipino but a Dutch National and my ex wife is born Filipino.
She acquired however also her foreign passport and has dual citizenship.
I am living in the Philippines and would like to stay here as I am here already almost 18 years and I am at home here.

GLAD TO HEAR YOU LOVE TO LIVE IN THE PHILIPPINES!

If I read the earlier conversation I understand that my foreign divorce decree enables me to remarry here in the Philippines without filing a petition for recognition.

THAT IS CORRECT!

I only would need to obtain an Affidavit of Eligibility to re marry from my embassy- in my case here in Manila.

THAT IS ALSO CORRECT!

It would be up to my ex wife to file if she would like to remarry.

ALSO CORRECT! BECAUSE SHE IS THE PHILLIPINES SUBJECT!

Is my conclusion after reading this post correct?

If I obtain an  Affidavit of Eligibility to remarry from my embassy here in Manila - this according to what I understood- it would be sufficient to enable me to remarry.

YES! DEFINITELY!

However my previous marriage is still registered in NSO.
How can I undo this registration or will it be undone if my ex wife would file for recognition?

IT WILL NTO GET UNDONE BUT YOU HAVE GOT NOTHING TO DO WITH YOUR EX ANYMORE AND ITS HER PROBLEM TO FILE AN ANNULMENT BUT YOU ARE OBLIGUE TO COOPERATE TO CLEAR HER NAME BEING LINK TO YOU!

If she would not file for recognition and this NSO registration has not been undone will I still be counted married to her here in the Philippines;even I would not remarry again?

AS I SAID, YOU ARE NOT THE PHILIPPINES SUBJECT BUT HER!

Respectfully I would ask you to enlighten me since my lawyer here in the Philippines states that I am the one to file for recognition.This seems to contradict my reading here on this forum

YOU HAVE NO PROBLEM AS YOU ARE NOT FILIPINO!


With regards to the documents the following The Philippine embassy in the Netherlands advised me to authenticate the divorce degree by the Min of Foreign affairs in the Netherlands as well as in their embassy in the Netherlands.

YES YOU HAVE TO DO THIS! SO WHEN THEY QUESTION YOU, YOU HAVE EVIDENCE THAT YOU ARE ALREADY DIVORCE UNDER YOU COUNTRY'S JURISDICTION!

This would be sufficient according to them for the Philippine Court.

YES IT IS SUFFICIENT ENOUGH!

How ever If I do not need to file for recognition here in the Philippines and will be  able to remarry in the Philippines without filing a petition' there would be no need to authenticate at all.

YOU NEED TO DO THE PAPER WORK FROM YOUR OWN COUNTRY/EMBASSY, BUT YOU DON'T NEED TO DO THE FILING OF PETITION IN THE PHILIPPINES! BUT REMEMBER IF SHE FILE A PETITION YOU HAVE TO COOPERATE WITH HER SO HER NAME CAN BE CHANGE BACK TO HER SINGLE NAME AND NO LONGER LINK TO YOUR NAME!

Is this correct?

Again I respectfully would like to ask your advise

With thanks in advance and waiting your reply
Pjottr

29Petition for Recognition of Foreign Divorce - Page 2 Empty Recognition of Foreign Divorce Sat Jan 18, 2014 2:46 pm

pjottr


Arresto Menor

i am exited about your quick response and clarity of your replies.
It makes everything much easier for me. I certainly will be cooperative in case my ex wife wishes to file and help her to clear her name.
Thanks again. Deeply appreciate this.
Pjottr

30Petition for Recognition of Foreign Divorce - Page 2 Empty Recognition of Foreign Divorce Sat Jan 18, 2014 3:32 pm

pjottr


Arresto Menor

with the divorce being recognized as mentioned earlier' the division of the conjugal property has not been processed as yet and requires another procedure.
My questions in relation to this issue are these:

My ex wife has rights to claim her share of the property in the Netherlands since the divorce has been processed by the Dutch Court.

Since there is also property in the Philippines I would like to know if I can claim my legal rights here ass well or do I have to wait until she has filed for recognition of the divorce herself?

If she will never file for acknowledgement and yet being able to file for separation of property in the Netherlands already I might loose all there is. It would not be just in that case.

I understood that land does not belong to the conjugal property but housing does.
The housing in our situation renders a rental income which she does not share with me.

In short: what are my rights and changes to have equal and fair separation of the conjugal property here in the Philippines if she will not file for recognition of the divorce at all or am I able to process this straight away even she doesn't file

Hopefully you are willing to shed a light on this issue as well.

Again respectfully waiting for your reply

Pjottr

attyLLL


moderator

i respectfully disagree. as long as the divorce has not been recognized in court, your previous marriage will still be presumed to be married. if you marry again, you will have to prove the validity of your divorce if you are criminally charged with bigamy.

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

pjottr


Arresto Menor

I find this becoming very confusing The previous answer was clear but however the last answer is unclear and different to the previous answer
I understood that a divorce decree issued in an other country than the Philippines is recognized in the Philippines and that I only have to get an affidavit of eligibility to marry again in the respective embassy.
I understood that the supreme court has confirmed this as mentioned in an earlier case here on the forum

I also asked a question about the conjugal property. Is there someone who can enlighten me about that also

I would highly appreciate

Thanks for time spending on my queries.

AWV

AWV
Reclusion Perpetua

pjottr wrote:I find this becoming very confusing The previous answer was clear but however the last answer is unclear and different to the previous answer
I understood that a divorce decree issued in an other country than the Philippines is recognized in the Philippines and that I only have to get an affidavit of eligibility to marry again in the respective embassy.

THAT IS CORRECT! YOU ARE NOT UNDER PHILIPPINES JURISDICTIONS BECAUSE YOU ARE AN ALIEN...


I understood that the supreme court has confirmed this as mentioned in an earlier case here on the forum

I also asked a question about the conjugal property. Is there someone who can enlighten me about that also

CONJUGAL PROPERTIES ARE DIVIDED BETWEEN YOU COUPLE WHEN DIVORCE IS GRANTED. IF YOU HAVE CHILDREN YOU HAVE TO MAINTAIN YOUR WIFE AND CHILDREN BUT IF YOU DON'T HAVE ANY, THEN YOU ARE FREE AFTER THE PARTITION OF YOUR CONJUGAL PROPERTIES. I AM SURE THE ENGLISH LAW IS VERY SIMILAR TO DUTCH LAW WHEN IT COMES TO DIVORCE...  

THE LAW IN THE PHILIPPINES IS TOTALLY DIFFERENT COMPARED TO EUROPE WHEN IT COMES TO SEPARATION/DIVORCE... YOU AS A FOREIGN HUSBAND IS NOT ENTITLED TO OWN A LAND, THEREFORE ANY PROPERTIES YOU INVESTED HAS TO BE SOLD IN ORDER FOR HER TO GIVE YOU THE PART OF IT...

GET A LAWYER FROM BOTH COUNTRIES SO YOU CAN COMPARE THEIR DIFFERENCES....

I would highly appreciate

Thanks for time spending on my queries.

pjottr


Arresto Menor

Again thank you for your quick response
I am aware of the differences of the respective laws abroad and here.
My only question was if i can file in the Philippine Court for my rights here straight after I have my divorce decree from the Netherlands or do I have to wait until my ex hasl filed a petition of recognition herself?
What if she will not do so.

Thanks again for your kind response

AWV

AWV
Reclusion Perpetua

pjottr wrote:Again thank you for your quick response
I am aware of the differences of the respective laws abroad and here.
My only question was if i can file in the Philippine Court for my rights here straight after I have my divorce decree from the Netherlands or do I have to wait until my ex hasl filed a petition of recognition herself?
What if she will not do so.

Thanks again for your kind response

I'll say it again! You are not under Philippines jurisdiction! therefore you cannot file or petition any case if you are no longer link to any Filipino national! Unless you did some crime in the Philippines then the Philippine can prosecute you if you are in the country. She on the otherhand, if she wish to petition her divorce with you can do so, if she wanted to get married again, whether she like it or not! Your relationship with her is over! She no longer has claim on you! And of course, when she file a petition you have to cooperate if you wish to marry another Filipina as this will conflict on your record when buying properties with your future Filipina wife if her name is still link to you, which you should avoid...

Tandag1025


Arresto Menor

My Filipino wife was married on a K-1 visa . She went back to the Philippines and her former husband filed for a divorce and was granted a final decree from Arkansas . Now my wife never reported the marriage or divorce to the Philippines .

We were married and I filed a petition for alien relative . We have a request for evidense for the marriage certificate . On the local registery certificate it states for the civi status of my wife " Single "
This was done due to her Cenomar giving her a status of " Single " USCIS has found this to be a discrepancy since we also sent in her final divorce decree from her first husband . They have accepted this document and are only asking for a letter of explanation for the civil status of " Single "

The fact that my wife never reported the marriage or divorce is our marriage null and void ? I read about the recognition of divorce needed to be valid with Philippine law before a Filipino can remarry . I also read Art. 26 which states she can remarry . It does not mention the recognition at all . The family code is very confusing and we are worried about our current martial status .

Should she goto the DFA or NSO to report the marriage and divorce will they then amend the current NSO certificate from single to unmarried or something divorced in usa ?

Any help would be a blessing

Thanks

pjottr


Arresto Menor

I went to my embassy (Dutch) I was told the following
Aside from a affidavit of eligibility to remarry or ( Legal capacity) I have to supply also

a legal Capacity to remarry issued here in the Philipines.
Reason is as they said that I am living in the Philippines.

I read earlier on the forum that the supreme court has advised NSO not to annotate when a foreign divorce decree is presented but only file it for further reference.

My question is now where to avail of this legal capacity here in the Philippines' since I am still registered in NSO as married to my ex wife and even there is a legalized foreign divorce decree already.

Hopefully You will help me on this one also

Thanks

serenj23


Arresto Menor

Dear Attorney,

I'm a Filipina who currently resides in London UK. Back in 1996 I got married with a British citizen in Cebu Philippines. Four years laters we both decided to get divorce in the UK. He filed for the divorce and was finalised in year 2000. Few years later I have obtained a British citizenship in the UK under my Filipino name.

I want to apply for a Dual citizenship with the Philippines Embassy under my Filipino name. However my old Filipino passport has my ex-husband's surname. Could you please advise how to apply for a petition for recognition of divorce decree in the Philippines. I've been told by the Philippine Embassy in London, as soon as the petition is processed I can apply for Dual Citizenship with my Filipino name.

If in any case I need a Filipino solicitor to act on my behalf, would it be possible for you to send me a link with Filipino lawyers who deal with such case.

Thank you and will look forward to hear your advise…


AWV

AWV
Reclusion Perpetua

pjottr wrote:I went to my embassy (Dutch) I was told the following
Aside from a affidavit of eligibility to remarry or ( Legal capacity) I have to supply also

a legal Capacity to remarry issued here in the Philipines.
Reason is as they said that I am living in the Philippines.

I read earlier on the forum that the supreme court has advised NSO not to annotate when a foreign divorce decree is presented but only file it for further reference.

My question is now where to avail of this legal capacity here in the Philippines' since I am still registered in NSO as married to my ex wife and even there is a legalized foreign divorce decree already.

Hopefully You will help me on this one also

Thanks

DFA (Department of Foreign Affairs) will be the best shot!

russleen


Arresto Menor

DEAR ATTY.
I am a filipina , I got married with Korean citizen in year 2004 here in philippines and he filed a divorced in Korea last 2006 and granted in the same year also I got a copy of my divorced paper last 2010 by the help of Korean N.G.O . I filed it to Korean embassy and Department of Foreign Affairs here in Philippines for authentication of my divorced paper .I remarry with American citizen last 2012 here also in philippines And now I want to process my spouse visa to US .. My question is ...did my divorced paper will affect my application for spouse visa in us embassy here in Philippines or better to process my spouse visa in U.S embassy in Korea since my divorced paper was granted there and my second marriage is valid?

pjottr


Arresto Menor

My confusion is that I as a foreigner with a valid divorce paper (divorced from my Filipina wife) can remarry in the Philippines
What if the ex Filipina partner does not apply for recognition of the divorce I can still remarry right, but I will be registered twice in NSO as married
Still not seen as bigamy?
Regards
Pjottr

AWV

AWV
Reclusion Perpetua

pjottr wrote:My confusion is that I as a foreigner with a valid divorce paper (divorced from my Filipina wife) can remarry in the Philippines
What if the ex Filipina partner does not apply for recognition of the divorce I can still remarry right, but I will be registered twice in NSO as married
Still not seen as bigamy?
Regards
Pjottr

If that's the case that you are a residence in the Philippines. then you can file the recognition do it yourself as probably she is avoiding the expenses to have it recognised, this is more likely to be filed at  Department of foreign affairs as you are not a citizen. After all of this process of recognition is done and already recognised, you can then remarry again with another Filipina. While your divorce is not recognised DO NOT REMARRY a Filipina again as you will be inside Philippines jurisdictions and you can get done with Bigamy. If you are marrying another nationality in a different country where they recognise divorce is okay but not in the Philippines until your record is clear!

AWV

AWV
Reclusion Perpetua

russleen wrote:DEAR ATTY.
    I am a filipina , I got married with Korean citizen in year 2004 here in philippines and he filed a divorced in Korea last 2006 and granted  in the same year also I got a copy of my divorced paper last 2010 by the help of Korean N.G.O . I filed it to Korean embassy and Department of Foreign Affairs here in Philippines for authentication of my divorced paper .I remarry with American citizen last 2012 here also in philippines   And now I want to process my spouse visa to US .. My question is ...did my divorced paper will affect my application for spouse visa  in us embassy here in Philippines or better to process my spouse visa in U.S embassy in Korea since my divorced paper was granted there and my second marriage is valid?

That divorce paper should be recognised in US Embassy because your Korean husband was the one who divorce you! And yes better and easier to do it in Korea as the US Embassy is likely to give you a run around.

pjottr


Arresto Menor

Salamat Po.

Yes I am residing in the Philippines. and my ex wife may not file for recognition.
Now this is an important note which has not been mentioned earlier in this topic.

I conclude:
Foreigners residing here in the Philippines are subject to Filipino jurisdiction (Makes sense.)

A foreigner who obtained a valid divorce abroad is(which is recognised in the Philippines)  will still be considered married if the former wife does not file for recognition of that divorce only because he resides in the Philippines
In that case he could be prosecuted for bigamy if he would remarry again in the Philippines.

I am told before that I could not initiate a petition of recognition because I am a foreign national.
Very confusing.

I will contact DFA again and if they insist I cannot initiate I will let you know because in that case I never would be able to remarry a Filipina and at the same time continue to live in the Philippines.

Perhaps the solution for that might be to re marry a Filipina again in my own country or elsewhere in the world.
If we than return and continue our lives in the Philippines after that marriage, but we do not register that marriage  in the Philippines, will we still be subjected to prosecution for bigamy?

Kindest regards

AWV

AWV
Reclusion Perpetua

No you will not be prosecuted for bigamy if you are not married twice in the Philippines as your divorce is recognisable in your own country and you are not inside Philippines jurisdictions. So long as you don't forward your marriage cert in the Philippines and any Philippines Embassy in your own country or other country because this will be recorded at NSO.

startagain


Arresto Menor

Dear atty

I am very happy that there are sites like this, and wish to thank you already in anticipation for your answers.
Here under a brief summary of my situation:
My marriage with a Philippina stranded unfortunately after many years. I am not a Filipino but a Belgian National and my ex wife is born Filipino. We married in the Philippines in 1988, by law and church.
My ex has dual citizenship, and is living at the moment in Belgium. By divorce (mutual agreement) I am responsable, and take care of the children. Our property in Belgium is equally divided.
My residence is in Belgium; I like to go on vacation to the Philippines once every few years.
Since I love your country and the people a lot, I think about re-marry a Filipina.

If I read the earlier conversations I understand that I can re-marry in the Philippines without filing a petition for recognition, because I do not residence in your country, nor stay longer then 3 months there. I only would need to obtain an Affidavit of Eligibility to re marry from my embassy in Manila. Is this correct po?
Maraming salamat, and hope to hear from you soon.

Best regards.

47Petition for Recognition of Foreign Divorce - Page 2 Empty Advice needed Fri Apr 24, 2015 9:51 am

Canadianguy


Arresto Menor

I am a Canadian citizen who married a Filipina in the Philippines back in 2002. We were divorced here in Canada in 2012. I have met and plan to marry a Filipina there in the Philippines but do I have to get my divorce recognized in the Philippines before we get  married?
If I do what are the steps to do so and how long does it take?
Thank you in advance for your help and advice.
Oh by the way I have been to the Philippines many times and really do enjoy spending time there in the Philippines Very Happy

AWV

AWV
Reclusion Perpetua

Filing for recognition only applies to Filipino nationals if they wish to remarry again. If you have a divorce papers, keep it handy so when you decided to marry another Filipina this is what you only have to show.

Canadianguy


Arresto Menor

Thank you so much for your reply Atty. When I received my Cenomar from NSO it still showed I was married to my previous wife so how do I get that changed? Do I need to go to NSO with my Canadian divorce paper?

centro


Reclusion Perpetua

Based on my understanding, it should be the Filipina who should go to the office of civil registry where the marriage certificate was filed to have the entry changed.
Usually a court petition decision is submitted and this office goes through a process until the document is transmitted to NSO. I am not sure about your case though. I maybe wrong.

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