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Acknowledgment of Divorce in the Philippines


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Davaoeno
7 hours ago, SkyMan said:
10 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.

I disagree.  He will certainly be considered as being divorced. However that of course is not the only hoop he will have to jump through if he wants to remarry in the Philippines- but that has nothing to do with my comment.

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First of all thank you so much for all the kind responses. I've been part of this forum for quite some years and it never ceases to amaze me just how helpful everyone is. So again thanks everyone.

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

Not the church, some crazed council woman, Cherry Pie or some other weird name. My comment was a misunderstanding of what Shadow, wrote.  Never mind.

SkyMan
4 minutes ago, Davaoeno said:

I disagree.  He will certainly be considered as being divorced. However that of course is not the only hoop he will have to jump through if he wants to remarry in the Philippines- but that has nothing to do with my comment.

I guess but that would be splitting hairs wouldn't it?

Most people would say that if you're divorced you can get married.

"Yes, sir, you're divorced, but you can't get married.

Why not?

Because you're not uhhhhhh, officially divorced."

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to_dave007

Philippines is allowed to have it's own laws around recognition of a foreign divorce.

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Davaoeno
10 hours ago, SkyMan said:

I guess but that would be splitting hairs wouldn't it?

Most people would say that if you're divorced you can get married.

"Yes, sir, you're divorced, but you can't get married.

Why not?

Because you're not uhhhhhh, officially divorced."

Why not? Because the Philippines in some ways exists as though it were still in the dark ages- due to the iron grip of the catholic church which refuses to allow the separation of church and state. 

And accordingly the Philippines says " yes- you are divorced, but if you want to remarry IN THE PHILIPPINES we require registration.

But you already know that.

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SkyMan
18 minutes ago, Davaoeno said:

due to the iron grip of the catholic church which refuses to allow the separation of church and state. 

Please show me how the church and state are not separated in the Philippines.

24 minutes ago, Davaoeno said:

And accordingly the Philippines says " yes- you are divorced, but if you want to remarry IN THE PHILIPPINES we require registration

And if you remarry in another country you are technically a bigamist when in the RP.

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Jack Rat
10 hours ago, to_dave007 said:

Philippines is allowed to have it's own laws around recognition of a foreign divorce.

Seemingly!

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First of all thank you so much for all the kind responses. I've been part of this forum for quite some years and it never ceases to amaze me just how helpful everyone is. So again thanks everyone.

To answer one of the questions asked we were married in Cebu in a civil ceremony in a hotel as I'm not Catholic so no church wedding allowed.

I do want to help out my ex so I will go through the expat divorce process in the UK as she cannot and then follow the guidelines to secure my divorce being recognized via PSA Manila.

I see the current status of a divorce bill being put though the Phil government getting further than ever before but still held up before this summer session ends. Perhaps one day it will finally be brought into law in the country I love. Salamat everyone!

Cheers

Andy

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Headshot
On 5/12/2019 at 9:28 AM, SkyMan said:

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

The Philippines doesn't care if his former marriage was a church wedding or a civil wedding. If it was registered with the PSA, you have to follow the same rules as with any other wedding to get it annulled (or authenticated if you got a divorce elsewhere). Now, if you want to get a church wedding annulled, you not only have to get the government annulment (or divorce authentication), but you also have to get a church annulment, which is much harder than the government process.

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Cebuandrew
13 hours ago, SkyMan said:

lease show me how the church and state are not separated in the Philippines.

Come to Santa Fe, where it is legal for a gal to wear a 2-piece bikini on the beach, but it is not allowed in town. Why, cuz the church says so.

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SkyMan
6 minutes ago, Cebuandrew said:

Come to Santa Fe, where it is legal for a gal to wear a 2-piece bikini on the beach, but it is not allowed in town. Why, cuz the church says so.

Not the church, some crazed council woman, Cherry Pie or some other weird name.

15 minutes ago, Headshot said:

The Philippines doesn't care if his former marriage was a church wedding or a civil wedding. If it was registered with the PSA, you have to follow the same rules as with any other wedding to get it annulled (or authenticated if you got a divorce elsewhere). Now, if you want to get a church wedding annulled, you not only have to get the government annulment (or divorce authentication), but you also have to get a church annulment, which is much harder than the government process.

My comment was a misunderstanding of what Shadow, wrote.  Never mind.

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Headshot
1 minute ago, SkyMan said:

My comment was a misunderstanding of what Shadow, wrote.  Never mind.

OK. Sorry.

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  • 7 months later...

I have a similar question here in Canada, (not me). A filipina is married in the Philippines,  Her and her husband (who also is a filipino) move to Canada. They get a divorce in Canada. The filipina then marries (civil marriage) a Canadian citizen here in Canada. She is a permanent resident with a Philippine passport.  Her and her Canadian husband go to the Philippines and buy a condo together.  Now she is told by a lawyer in the Philippines that according to Philippine law, she has to submit divorce papers to the Philippine government, get an annulment and get married in the Philippines before she can change her family name (to that of her Canadian husband) in her Filipino passport. The lawyer there (in the Philippines) told her if she didn't do this her ex filipino husband can take away their condo. 

Any thoughts on this?

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SkyMan
1 hour ago, rrider said:

I have a similar question here in Canada, (not me). A filipina is married in the Philippines,  Her and her husband (who also is a filipino) move to Canada. They get a divorce in Canada. The filipina then marries (civil marriage) a Canadian citizen here in Canada. She is a permanent resident with a Philippine passport.  Her and her Canadian husband go to the Philippines and buy a condo together.  Now she is told by a lawyer in the Philippines that according to Philippine law, she has to submit divorce papers to the Philippine government, get an annulment and get married in the Philippines before she can change her family name (to that of her Canadian husband) in her Filipino passport. The lawyer there (in the Philippines) told her if she didn't do this her ex filipino husband can take away their condo. 

Any thoughts on this?

Sounds to me like the lawyer is correct as she is still considered married to her first husband in the RP.  And, since the first husband is pinoy it will not be a simple acknowledgement of the divorce but the full annulment process.  She could be charged with bigamy here (probably not.)  At minimum they should put the condo in the Canadian husband's name.

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shadow
2 hours ago, SkyMan said:

Sounds to me like the lawyer is correct as she is still considered married to her first husband in the RP.  And, since the first husband is pinoy it will not be a simple acknowledgement of the divorce but the full annulment process.  She could be charged with bigamy here (probably not.)  At minimum they should put the condo in the Canadian husband's name.

I agree with Skyman (and the lawyer). Under Philippine law she is still married to her Pinoy husband. Anything she puts in her name in the Philippines will be legally half his. Read the second paragraph of article 26 of the family code;

 

Quote

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. 

http://www.chanrobles.com/executiveorderno209.htm#.XflrDNUzbIU

There is no provision for the marriage of two Filipinos getting divorced abroad.

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SkyMan
Quote

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. 

I wonder if it is possible that if the pinoy husband had obtained Canadian citizenship before the divorce, then he would be considered a foreigner husband?  But then he was Filipino at the time of the marriage so that might not matter.

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