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Even with a divorce between a foreigner and a Filipino, the divorce is not recognized in the Philippines until Judicial recognition is obtained.

http://jlp-law.com/b...ns-and-answers/

http://jlp-law.com/b...divorce-decree/

 

 

Roger, from what I read in the link, the divorce is not recognized for the Filipino until judicial recognition if they are the one to initiate the divorce. The foreigner who initiated an uncontested divorce in his home country is free to re-marry. The Filipina can also re-marry outside the Philippines without this judicial recognition.

 

Then I found this:

 

"The second paragraph of Article 26 of the Family Code states, to wit, “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. (As amended by Executive Order 227)”

Edited by Aaron
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RogerDuMond

Roger, from what I read in the link, the divorce is not recognized for the Filipino until judicial recognition if they are the one to initiate the divorce. The foreigner who initiated an uncontested divorce in his home country is free to re-marry. The Filipina can also re-marry outside the Philippines without this judicial recognition.

 

Then I found this:

 

"The second paragraph of Article 26 of the Family Code states, to wit,

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I understand what you are saying. I should make it clear that I was also only speaking about how it relates to the Philippines; I mean, for the foreigner who wishes to marry here again...

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Great points from both ends. Can a foreigner marry in a Catholic Church in the Philippines if he was once married and even divorced to another foreigner outside the PH? For example, let us say a Canadian woman who was once married to a Canadian man in Canada and got divorce in Canada, but now she wants to marry her Filipino fiance in a Catholic Church in the PH, can she marry in there despite of being previously divorced? I mean, in a Catholic Church.

 

Also, how can a foreigner judicially recognize his/her divorce in the Philippines if s/he obtained the divorce outside the Philippines? Let's say, a Canadian guy was married once with a Filippina in the Canada. They did reported their marriage in the PH consulate in Canada so that Canadian-spouse could obtain PH immigrant visa (13a) in the future. However, their marriage ended in Canada thru divorce. Now this Canadian has another Filipina GF whom he wants to marry but isn't it NSO record would still indicate that he is still married to his previous Filipina spouse since he didn't inform to PH govt. about his divorce as he was not obligated to? How all this would play out?

 

 

"the foreigner can marry again because they are not governed by Philippine law, but they can't marry in the Catholic Church in the Philippines without a Catholic annulment."

 

Based on this information provided by Roger, it seems that a foreigner would need to obtain a Catholic annulment if s/he was divorced before in order to get married in the PH. Am I right? What is the procedure to get a Catholic annulment and timeline for a foreigner who is a divorcee and wants to get married in a Catholic Church in the PH?

 

Good discussion going on so far...

Edited by SAM_NY
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RogerDuMond

Great points from both ends. Can a foreigner marry in a Catholic Church in the Philippines if he was once married and even divorced to another foreigner outside the PH? For example, let us say a Canadian woman who was once married to a Canadian man in Canada and got divorce in Canada, but now she wants to marry her Filipino fiance in a Catholic Church in the PH, can she marry in there despite of being previously divorced? I mean, in a Catholic Church.

 

Also, how can a foreigner judicially recognize his/her divorce in the Philippines if s/he obtained the divorce outside the Philippines? Let's say, a Canadian guy was married once with a Filippina in the Canada. They did reported their marriage in the PH consulate in Canada so that Canadian-spouse could obtain PH immigrant visa (13a) in the future. However, their marriage ended in Canada thru divorce. Now this Canadian has another Filipina GF whom he wants to marry but isn't it NSO record would still indicate that he is still married to his previous Filipina spouse since he didn't inform to PH govt. about his divorce as he was not obligated to? How all this would play out?

 

 

"the foreigner can marry again because they are not governed by Philippine law, but they can't marry in the Catholic Church in the Philippines without a Catholic annulment."

 

Based on this information provided by Roger, it seems that a foreigner would need to obtain a Catholic annulment if s/he was divorced before in order to get married in the PH. Am I right? What is the procedure to get a Catholic annulment and timeline for a foreigner who is a divorcee and wants to get married in a Catholic Church in the PH?

 

Good discussion going on so far...

Yes a divorced foreigner can marry in the Catholic Church in the Philippines, but he must have received an annulment from the Catholic Church first.

 

A foreigner doesn't need to have a divorce judicially recognized in the Philippines. Only a Filipino/Filipina needs to have a divorce judicially recognized. This judicial recognition does not give the Filipino/Filipina the right to marry in the Catholic Church. The would still need a Catholic annulment.

 

At the time of my annulment I was told by the Catholic Church in Cebu that the annulment needed to be processed through my diocese in the US. It took me a year, but this is not a fixed time frame. You have to do the paperwork and work with an advocate. They have to contact your ex/exs and ask for their input. A final decision is then made by the Ecclesiastical Tribunal.

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The requirement of otaining an annulment first from a Catholic Church in order for a divorcee to get re-married in the PH doesn't seem to be established by Catholic Church in Rome; rather it seems more like a govt. thing in the PH, in my humble opinion. Otherwise, Rome could have influenced their chruches around the world to do the same than only in the PH. Anyway, I just don't wanna go too deep into this matter especially when nothing ceases me to amaze about this wonderful island...lols...but I do hope things to change for better one day because it not only makes harder for foreigners but this makes much more harder on Filipino citizens if you ask any Filipino.

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RogerDuMond

The requirement of otaining an annulment first from a Catholic Church in order for a divorcee to get re-married in the PH doesn't seem to be established by Catholic Church in Rome; rather it seems more like a govt. thing in the PH, in my humble opinion. Otherwise, Rome could have influenced their chruches around the world to do the same than only in the PH. Anyway, I just don't wanna go too deep into this matter especially when nothing ceases me to amaze about this wonderful island...lols...but I do hope things to change for better one day because it not only makes harder for foreigners but this makes much more harder on Filipino citizens if you ask any Filipino.

 

 

No it is not a Philippine thing, it is a Catholic thing. Any divorc

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RogerDuMond

Any divorc

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Roger, I'm kinda confused. Let's say, if I (a non-Catholic) was once married to a Filipina (Catholic) in the US in a City Hall (in a judicial process and not a Catholic one) but then later on got divorced in the US. And now I'm wishing to get married again with another Filipina (a Catholic) but this time in a Catholic Church then what I suppose to do....Do I still need an annulment from a Catholic Church even though I was never married in a Catholic Church; or do I still need an annulment because of the fact alone that I'm a divorcee and now marrying a Catholic person in a Catholic Church?

Edited by SAM_NY
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it would be automatic grounds for granting the annulment because a civil ceremony between two Catholics is not considered a valid marriage.

 

 

What if only one party was Catholic and marriage occured civily? What if neither of the involved parties were Catholic? Does this requirement of obtaining an annulment first from a Catholic Church apply only to Catholics who wish to get re-married? Or does it apply to everyone, foreigner or not; a Catholic or not, if s/he wishes to re-marry in a Catholic Church especially in the PH?

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RogerDuMond

Roger, I didn't get it what you have stated. Let's say, if I (a non-Catholic) was once married to a Filipina (Catholic) in the US in a city hall (in a judicial marriage and not a Catholic one) but then later on got divorced in the US. And now if I would wish to get married again with another Filipina (a Catholic) but this time in a Catholic Church then what I suppose to do....Do I still need an annulment from a Catholic Church even though I was never married; or I would still need an annulment because of the fact that I'm a divorcee and now marrying a Catholic person in a Catholic church?

The church still has to deal with the former marriage in some form. The church through the previously mentioned tribunal can deal with it in one of three ways: documentary case, privilege case, or formal annulment. It is up to the Ecclesiastical Tribunal to decide. If you fail to disclose the first marriage and enter into the second marriage, it will not be valid.

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Roger, I appreicate an open discussion on this matter and your participation.

 

So, does it mean a person in a situation like mine (as an examplatory one stated above) should be first contacting Ecclesiastical Tribunal in order to figure it out how to deal a situation like this? In the PH or in his/her own country? If it will be in the PH then where....the place where parties will be getting married?

 

I thought it would be a piece of cake for a foreigner to get married in the PH especially for an American given s/he would need only an affidavit from US Embassy with the proofs of termination of all previous marriages and just a marriage license from a PH authority but it seems like a complicated matter particularly when either of the parties were previously married (regardless of a Church or a Civil wedding).

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RogerDuMond

Roger, I appreicate an open discussion on this matter and your participation.

 

So, does it mean a person in a situation like mine (as an examplatory one stated above) should be first contacting Ecclesiastical Tribunal in order to figure it out how to deal a situation like this? In the PH or in his/her own country? If it will be in the PH then where....the place where parties will be getting married?

 

I thought it would be a piece of cake for a foreigner to get married in the PH especially for an American given s/he would need only an affidavit from US Embassy with the proofs of termination of all previous marriages and just a marriage license from a PH authority but it seems like a complicated matter particularly when either of the parties were previously married (regardless of a Church or a Civil wedding).

 

 

 

A priest where you live. The Ecclesiastical Tribunal does not and will not talk to you. If you contact a priest in the Philippines he will tell you to go to your own diocese in New York. You can still marry a girl in the Philippines, just not in the church which is often important to a Filipina. You will have to have a civil ceremony.

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A priest where you live. The Ecclesiastical Tribunal does not and will not talk to you. If you contact a priest in the Philippines he will tell you to go to your own diocese in New York. You can still marry a girl in the Philippines, just not in the church which is often important to a Filipina. You will have to have a civil ceremony.

 

Here is a broad picture of this person's personal situation, whom I'm asking all these questions for. He is a US citizen and a non-Catholic. He is married to a Filipina who is a US LPR (a green card holder in the US). His wife is a Catholic and she has obtained her US permanent residency by virtue of being married to him. Prior to marrying with his current wife, he was married twice. His first marriage was with his current wife in 1995 whom he married in a Catholic Church. That was first marriage for both of them. They were divorced in 1997. He then married to another woman in 1998 in a court who wasn't a Filipina. He got divorce from her second wife in 2001 as he was always in love with his first wife and always lived together with his first wife despite of being divorce from his first wife and also being married to his second wife. I know it seems different and I don't know the whole fact why all this happened nor it matters. He now got remarried with his first wife in a civil court whom he always been living together with. Both of them now want to get married in a Catholic Church in the PH. Please keep it in mind that both of them were previously married to each other in a Catholic Church, and that it's a third marriage for the guy and the second one for his wife in term of number.

 

As per the information provided by you about them first getting an annulment from a Catholic Church in order to get re-married in a Catholic Church then I wonder if such annulment will be entered in the record in a place where an annulment will take place? The guy doesn't want to jeopardize the immigration status of his current and previous wife as they obtained US LPR thru him, and obtaining such an annulment in order to get married in a Catholic Church could void their immigration status.

 

I understand that these folks can have a civil ceremony but can't marry in the Church, but as you said by yourself that Church wedding is so important to almost every Filipina. That's why they are looking answers to all these questions.

 

By the way, this is not about my situation as some might think of it since some folks are so quick to pass a judgment. : )

Edited by SAM_NY
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