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softail

Divorces granted abroad might soon be recognised in the Philippines

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softail

Divorces obtained by foreigners in their home country might soon be legally recognised in the Philippines.

The House of Representatives has launched plenary deliberations for House Bill 7185, which proposes recognition of foreign decrees of termination of marriage. As a result, the Filipino spouse would be allowed to remarry without the need to undergo judicial proceedings.

Authored by lawmaker Pia S. Cayetano, HB 7185 has been endorsed for plenary approval by the House committee on population and family relations chaired by Congressman Sol Aragones.

The House panel has also pushed for the passage of another bill recognising absolute divorce in the country with Cayetano among the principal authors.

HB 7185 proposes to eliminate the need for judicial recognition of a foreign degree of termination of marriage or divorce that the foreign spouse of a married couple has acquired.

The bill would allow the Filipino spouse to contract another marriage as soon as the divorce decree granted by another country has been authenticated.

A Filipino married to a foreigner, whose marriage is terminated abroad before the bill is passed, could also benefit.

Furthermore, Filipinos who have been divorced from a spouse who had subsequently acquired foreign citizenship is also covered by the provisions of the measure.

The bill also covers a Filipino who has subsequently acquired foreign citizenship and who has divorced from the Filipino spouse abroad.

The provisions of the Family Code shall be observed in any agreement of the divorced spouse relating to liquidation, partition and distribution of properties and the custody and support of children.

In filing the bill, Cayetano said that under the Family Code, a Filipino citizen who is divorced by the foreign spouse may only remarry if the foreign spouse is allowed to remarry.

“The bill seeks to eliminate this undue prejudice against our own citizens by eliminating the need for judicial recognition and enforcement and capacitating them to remarry upon acquisition of a foreign judicial decree of foreign divorce,” he said.

The Philippine consul in the country where the decree was obtained must first authenticate the divorce document.

http://philippineslifestyle.com/divorces-granted-abroad-recognised-philippines/

 
 
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Davaoeno

The title is misleading . I got a divorce in Canada many years ago and the Philippines had no problem recognizing it . 

What is being talked about is a foreign divorce obtained by someone currently married to a filipino citizen living in the Philippines

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2 minutes ago, Davaoeno said:

The title is misleading . I got a divorce in Canada many years ago and the Philippines had no problem recognizing it . 

What is being talked about is a foreign divorce obtained by someone currently married to a filipino citizen living in the Philippines

Yes, it applies mostly to those with previous marriages registered with the NSO/PSA, wanting to remarry in the Philippines. Although the divorce was recognized, in most cases it took authentication of the divorce decree abroad, then a local judicial order before NSO would accept it as valid.

The last few years it has been being applied to foreigners wanting to remarry here as well. This will make the process much easier, if the church will allow it (I'm sure they are fighting it tooth and nail).

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Jim Sibbick

Good!

3 Attorneys in the Philippines have told me I am still married in the Philippines because the divorce was obtained in Australia by my ex filipina wife. 

My understanding of this is I will be unmarried in the Philippines as soon as the legislation passes.

 

 

 

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53 minutes ago, Jim Sibbick said:

Good!

3 Attorneys in the Philippines have told me I am still married in the Philippines because the divorce was obtained in Australia by my ex filipina wife. 

My understanding of this is I will be unmarried in the Philippines as soon as the legislation passes.

 

 

 

Hopefully you live long enough to see the day.

The other option is to get the divorce decree authenticated by the consulate or embassy that serves your area in Oz, and petition the court to have a judge validate it. Still a pain in the arse, but not nearly like a full blown annulment. 

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Headshot
1 hour ago, Jim Sibbick said:

My understanding of this is I will be unmarried in the Philippines as soon as the legislation passes.

Not exactly. You will still need to get the divorce decree authenticated by the Philippine embassy in your home country and then register the divorce with PSA (the old NSO).

Edited by Headshot
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SkyMan
10 hours ago, Jim Sibbick said:

My understanding of this is I will be unmarried in the Philippines as soon as the legislation passes.

 

You may be right but from my understanding of this it is only for the benefit of Filipinos.  If your X wanted to remarry it would help her.

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30 minutes ago, SkyMan said:

You may be right but from my understanding of this it is only for the benefit of Filipinos.  If your X wanted to remarry it would help her.

That is not the way I read it at all;

Quote

Divorces obtained by foreigners in their home country might soon be legally recognised in the Philippines.

The House of Representatives has launched plenary deliberations for House Bill 7185, which proposes recognition of foreign decrees of termination of marriage.

 

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SkyMan
21 minutes ago, shadow said:

That is not the way I read it at all;

"

 

Add the next line....

11 hours ago, softail said:

Divorces obtained by foreigners in their home country might soon be legally recognised in the Philippines.

The House of Representatives has launched plenary deliberations for House Bill 7185, which proposes recognition of foreign decrees of termination of marriage. As a result, the Filipino spouse would be allowed to remarry without the need to undergo judicial proceedings.

The Filipino spouse would be allowed.....      Also-

11 hours ago, softail said:

The bill would allow the Filipino spouse

 

11 hours ago, softail said:

A Filipino married to a foreigner, whose marriage is terminated abroad before the bill is passed, could also benefit.

 

11 hours ago, softail said:

“The bill seeks to eliminate this undue prejudice against our own citizens

I see nothing that would benefit a foreigner except residually in the case where a guy wants to marry a filipina whose X  husband is a foreigner (or a filipino who became a foreigner by naturalizing elsewhere) who divorced her, she is now free to marry.

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shadow
9 minutes ago, SkyMan said:

Add the next line....

The Filipino spouse would be allowed.....      Also-

 

 

I see nothing that would benefit a foreigner except residually in the case where a guy wants to marry a filipina whose X  husband is a foreigner (or a filipino who became a foreigner by naturalizing elsewhere) who divorced her, she is now free to marry.

Well you certainly don't read it the way I do. Your choice.

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SkyMan

I think you are making the assumption that if a filipino/a spouse of a foreigner who gets a foreign divorce takes advantage of this, the foreigner will also be considered divorced by the PSA and be able to get a CENOMAR.  That may be the case or just an assumption.  I don't see anywhere that says that a foreigner who marries in the RP and then divorces in another country can then get the same benefit of being considered divorced by the PSA.

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17 hours ago, softail said:

Divorces obtained by foreigners in their home country might soon be legally recognised in the Philippines.

 

5 hours ago, SkyMan said:

  I don't see

Obviously!

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SkyMan
20 hours ago, softail said:

Divorces obtained by foreigners in their home country might soon be legally recognised in the Philippines.

This is Philippine reporting so anything could be true but what is not mentioned in the article is any benefit to the foreigner.  Nothing like, "The foreigner can now..."  "The foreigner is now able..."

Under the current law a Filipina in this situation can get the authenticated divorce recognized by court in a rather expensive process similar to an annulment and this law only seeks to fast track that by eliminating the legal process.  Whether that fast track is available to foreigners is not mentioned.

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shadow
5 minutes ago, SkyMan said:

 

Under the current law a Filipina in this situation can get the authenticated divorce recognized by court in a rather expensive process similar to an annulment and this law only seeks to fast track that by eliminating the legal process. 

Under the current law so can the foreigner.

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