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AndyW

Acknowledgment of Divorce in the Philippines

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AndyW

Need some advice please! 

My marriage to my Cebu based wife ended almost three years ago due to her numerous infidelities. We have lived apart for all that time (me UK, her Cebu) I’ve given up on the annulment process after three lawyers and over 150,000k pesos spent. Don’t get me started about crooked lawyers and judges who seem to enjoy delaying the process.

I am now about to go through an expat divorce process here in the UK. As far as I understand once the divorce is finalised in the UK ( 4 - 7 months costing £410 in court fees about 27,800 pesos) using my Phil marriage certificate this would constitute as a valid divorce in the Philippines and would therefore give both parties capacity to remarry under Philippine law.

Can anyone confirm this as accurate? My ex wants to remarry in Japan and I want to remarry another lady from Cebu. 

Any advice would be greatly appreciated helping me to end this lengthy misery.

Thanks for listening all,

Andy 

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SkyMan

She might be able to marry in Japan now depending on their document requirements.  Or she may require a copy of the divorce papers.  I don't know if Japan would require a CENOMAR.  You will require the divorce to be recognized by the court here and from what I understand that process is similar to the annulment process albeit a bit more streamlined.  I would urge you to have your X listed as the applicant for that.  I believe @shadow handles such processes.

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Dafey

Hi Andy,

Welcome to the Forum!

Where did you 2 get married? Philippines or UK?

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shadow
3 hours ago, AndyW said:

Need some advice please! 

My marriage to my Cebu based wife ended almost three years ago due to her numerous infidelities. We have lived apart for all that time (me UK, her Cebu) I’ve given up on the annulment process after three lawyers and over 150,000k pesos spent. Don’t get me started about crooked lawyers and judges who seem to enjoy delaying the process.

I am now about to go through an expat divorce process here in the UK. As far as I understand once the divorce is finalised in the UK ( 4 - 7 months costing £410 in court fees about 27,800 pesos) using my Phil marriage certificate this would constitute as a valid divorce in the Philippines and would therefore give both parties capacity to remarry under Philippine law.

Can anyone confirm this as accurate? My ex wants to remarry in Japan and I want to remarry another lady from Cebu. 

Any advice would be greatly appreciated helping me to end this lengthy misery.

Thanks for listening all,

Andy 

It's not quite that simple. In order to remarry in the Philippines, you must get your divorce abroad authenticated by the Philippine Embassy or consulate with jurisdiction over the area where the divorce was completed, then have a Philippine judge authenticate it and submit it to NSO/PSA for them to update your status. It's not nearly as complicated as a full blown annulment, but you are still going to have to deal with a Philippine lawyer and judge.

Once the divorce is final, both of you are eligible to remarry using that divorce anywhere in the world except the Philippines and the Vatican.

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SkyMan
1 hour ago, shadow said:

Once the divorce is final, both of you are eligible to remarry using that divorce anywhere in the world except the Philippines and the Vatican.

Except the Philippines? You mean a church wedding, right? Should be able to do a non church wedding. 

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shadow
8 minutes ago, SkyMan said:

Except the Philippines? You mean a church wedding, right? Should be able to do a non church wedding. 

Nope, you cannot get a marriage license in most places here now without a CENOMAR, and you can't get a CENOMAR if PSA shows your status as married.

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Davaoeno
Posted (edited)

I see no problem with your plan. You will be divorced in the UK and she will be divorced in the UK.  However while you will also be considered divorced in the Philippines she will not.  But I believe she will be considered divorced in Japan so she can legally remarry in Japan.  

If she moves back to the Philippines I doubt that the subject will ever come up. However- legally speaking- and only legally speaking - the Philippines would not recognize her Japanese marriage since she would still be married to you. 

The safest thing of course would be for her to register the UK divorce in the Philippines and then get remarried.

Personally if i was her i wouldn't bother doing that and would just go ahead and remarry in Japan.

No one is going to spend the money to file a case against her in the Philippines and with no person filing a case no case will happen

Edited by Davaoeno
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Headshot
2 hours ago, shadow said:

It's not quite that simple. In order to remarry in the Philippines, you must get your divorce abroad authenticated by the Philippine Embassy or consulate with jurisdiction over the area where the divorce was completed, then have a Philippine judge authenticate it and submit it to NSO/PSA for them to update your status. It's not nearly as complicated as a full blown annulment, but you are still going to have to deal with a Philippine lawyer and judge.

Once the divorce is final, both of you are eligible to remarry using that divorce anywhere in the world except the Philippines and the Vatican.

Of course, after Andy's divorce is final, he could just take his new lady to another country to marry her without going through the Philippine authentication process. Depending on whether or not that would be OK with his new lady, that might be another option.

I am surprised that Andy wants to jump right back into the deep end of the pool after his experience with his first Filipina. Maybe taking the long option (authentication) while he just lives with his new lady would be better for really getting to know her (and avoiding another mistake). Then, after the process is complete, he can marry wherever he wants (if both of them still want to).

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Davaoeno

I dont think Andy asked for advice about whether or not he should get remarried.

I suggest you keep your judgemental attitude to yourself 

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Dafey
18 minutes ago, Davaoeno said:

I dont think Andy asked for advice about whether or not he should get remarried.

Agreed...I believe his question was to benefit the wife who wants to remarry

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SkyMan
3 hours ago, shadow said:

Nope, you cannot get a marriage license in most places here now without a CENOMAR, and you can't get a CENOMAR if PSA shows your status as married.

Ok, sort of misread.  I thought you were saying after registering the divorce with the PSA they could remarry anywhere except the RP or Vatican. 

 

2 hours ago, Davaoeno said:

However while you will also be considered divorced in the Philippines she will not. 

Not until the divorce is registered with the PSA because he wouldn't be able to get a CENOMAR.

2 hours ago, Davaoeno said:

But I believe she will be considered divorced in Japan so she can legally remarry in Japan.  

Not if Japan requires a CENOMAR from Pinoy which they might.  (Although Japan might be smart enough to add a CEMAR and a later dated divorce decree and come up with single.)

2 hours ago, Dafey said:

Agreed...I believe his question was to benefit the wife who wants to remarry

 

9 hours ago, AndyW said:

My ex wants to remarry in Japan and I want to remarry another lady from Cebu. 

 

5 hours ago, Dafey said:

Where did you 2 get married? Philippines or UK?

If they married in the UK and didn't register the marriage in the RP, he wasted an arse load of money on annulments.

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Headshot
4 hours ago, Dafey said:

Agreed...I believe his question was to benefit the wife who wants to remarry

His ex wants to remarry in Japan. She can likely do that with nothing but a copy of the divorce decree. She probably doesn't need the Philippine authentication for that since Japan recognizes divorces. He is the one who might need different options. He has a choice of either going through the Philippine authentication process or go to another country to get married. Which option is right for him is dependent on his long-term circumstances, which we don't know. I was just trying to give him different options to think about.

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SkyMan
24 minutes ago, Headshot said:

His ex wants to remarry in Japan. She can likely do that with nothing but a copy of the divorce decree. She probably doesn't need the Philippine authentication for that since Japan recognizes divorces.

The Philippines also recognizes divorces though not as easily.  Foreigners still have to produce a Legal Capacity to Marry from their home country.   

I did a googling out of curiosity and it seems Japan also has the same requirement for an LCM so she would also need a CENOMAR to marry in Japan. He could probably marry the new girl in another country but if he wants to help out his X he (she) needs to get the divorce recognized here.

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Maldita23
Posted (edited)

If you registered your marriage in PSA/NSO, you will have to have your divorced be recognized in Ph court to allow your wife to remarry in Ph.

How to have it recognized?

1. Have your UK Divorce Paper be authenticated by Phil Embassy with jurisdiction where you got the divorce. You also have to include the law in UK that allows you to get  divorce and have it authenticated too. 

2. In my opinion, it is best to have the divorce be recognized in the local court where you got married. 

3. Look for a Filipino Lawyer (The Filipino price for this is 50k).  

4. The lawyer will draft the papers for you and submit it to court. 

5. The lawyer will arrange a publishing company to have the date of the authentication hearing be published in the local newspaper within three consecutive weeks. 

6. The court will schedule the first hearing, you have to attend. 

7. The court will schedule the second hearing, you may or may not attend. 

8. The court will give its judgement. 

9. The local civil unit will instruct you to hand carry documents to PSA Manila. 

10. PSA Manila will issue you a Marriage Certificate with annotation at the back stating that the marriage has been dissolved. 

 

Tadah... Done!

Edited by Maldita23
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SkyMan
3 hours ago, Maldita23 said:

How to have it recognized?

The one thing I would add is that it might go smoother if the X is the applicant in all this but if she's in Japan that may not be on option.

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