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Free Legal Advice Philippines » FREE LEGAL ADVICE » FAMILY AND MARRIAGE » validation of divorce

validation of divorce

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1validation of divorce Empty validation of divorce Mon Mar 14, 2011 4:45 pm

morbid angel


Arresto Menor

filipino citizen po ako at kasal po ako sa natural born canadian dto sa pinas and nagfile cya for divorce sa canada at naprocess nman agad. pwede po ba ako mag asawa ulit dto sa pinas? or kelangan mag apply pa ako for annulment?

2validation of divorce Empty Re: validation of divorce Tue Mar 15, 2011 10:53 am

lOst_StuDent


Prision Correccional

There is no need to file for an annulment. If your foreign spouse obtain a valid divorce abroad, the divorce is recognized here.

The specific Family Code provision is Article 26, specifically the second paragraph. It states:

Art. 26. All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35 (1), (4), (5) and (6), 3637 and 38. (17a)

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law.

3validation of divorce Empty Re: validation of divorce Fri Mar 18, 2011 6:02 pm

attyLLL


moderator

morbid, it is correct that you don't have to file an annulment case, but you have to file a judicial petition to have the divorce recognized here first before you can remarry.

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