Divorce for Woman Here in The Philippines

Hi Attorney/s,

Good afternoon. I just want to ask about a legal matter. I am currently 5 months pregnant and a son who is 2 years old. I am married with an egyptian man who is currently in United Arab Emirates. He is living with a filipina woman there and i found out that she was married here in the Philippines before, she converted to Islam and I am wondering how they able to get a marriage certificate while I believe she is not yet annulled from her previous marriage with a filipino. After I found out about that, I asked my husband for a divorce. I converted to Islam also and we are married here in the Philippines at a mosque. Please advise how can I ask for a divorce here in the Philippines? What grounds can i file for him. By the way, his coming here in the philippines after 8 or 9 moths only and staying with us for only 15 days. I find it not fair for my children specially my eldest because at his age he needs to feel the affection of his father. My husband doesnt have any child to the lady he is staying with right now. I choose to file a divorce than to let my children suffer in the future expecting their father's time and love.

Your advise is sincerely appreciated.


Respectfully yours,

Mariam

Under what rites were your marriage with your spouse celebrated? Was it under Islamic rites?

Currently, there is no divorce law here in the Philippines under civil rites. What we have here is annulment of marriage under the New Civil Code.

However, if your marriage was celebrated under Islamic Rites, then the Shari'a law will apply and there is indeed a remedy for divorce there.

If it was done under Islamic rites, then you need the services of a Shari'a Lawyer to file the necessary petitions in a Shari'a court.

With regards to the civil status of the woman your spouse is cohabitating with in the UAE, you need to verify first if your information is reliabe regarding her previous marriage with a Filipino. If that was true, then her marriage with your spouse is void ab initio and your spouse is liable for Bigamy. The important factor here is what marriage was celebrated first. The first marriage will trump the other marriage, as long as the first is valid and legal.

Good luck.

Yes attorney,

Our marriage is under islam rites here in cebu. About the other woman he has, i don't have solid proof that she not yet annulled from the previous marriage because its only on my husband's word. Even if they are telling the truth or not, I don't want to cause more trouble for them, all i need and want is my freedom from this marriage so that if someday i will find a good man atleast I can give my children a good and complete family life.


Thanks.


Mariam

Hi, po atty. Ipapalipat ko po na sana ang titolo ng magulang ko sa pangalan ko, naghati hati na kaming mag kakapatid, ang hindi ko lang mailipat dahil sa ako ay kasal na at hiwalay na kami.matagal. ang tanong ko po, may karapatan po ba ang asawa ko sa mamanahin ko sa magulang ko? Unfair.naman po sa akin kasi di naman namin nabili ang property as conjugal.

Second question... May binabayaran kaming property mag asawa nung nagsasama pa kami , kasal kami 2000, tapos 2005 , nagloan siya s bank ng BDO ng 4 na titolo, kaso pinangalan niya na single at walang asawa sabe niya aayusin niya gang sa nagkahiwalay na kami, ... Eh nabayaran na yon at may clean title na 2010. May karapatan po ba ako maghabol bilang conjugal property kahit hiwalay na kami. Saka falsification ang ginawa niya...ano po ba ang dapat kong gawin kasi may anak kami na isa. Salamat po

LCORE wrote:Hi, po atty. Ipapalipat ko po na sana ang titolo ng magulang ko sa pangalan ko, naghati hati na kaming mag kakapatid, ang hindi ko lang mailipat dahil sa ako ay kasal na at hiwalay na kami.matagal. ang tanong ko po, may karapatan po ba ang asawa ko sa mamanahin ko sa magulang ko? Unfair.naman po sa akin kasi di naman namin nabili ang property as conjugal.

Second question... May binabayaran kaming property  mag asawa nung nagsasama pa kami , kasal kami 2000, tapos 2005 , nagloan siya s bank ng BDO ng 4 na titolo, kaso pinangalan niya na single at walang asawa sabe niya aayusin niya gang sa nagkahiwalay na kami, ... Eh nabayaran na yon at may clean title na 2010. May karapatan po ba ako maghabol bilang conjugal property kahit hiwalay na kami. Saka falsification ang ginawa niya...ano po ba ang dapat kong gawin kasi may anak kami na isa.  Salamat po

1. Your spouse has no legal right to get anything from your inheritance.

2. Assuming na wala kayong pre-nuptial agreement kung papaano yung property relations nyo bago kayo ikasal, ang properties na binili during the marriage ay considered conjugal property according to the family code provisions. Kumuha ka ng abogado na ang main practice ay family law para masiyasat nya ang iyong sitwasyon ang makapagfile ng mga nararapat na kaso laban sa iyong asawa.