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Majorsco

Aussie Married Filipina Without Knowing

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hyaku

An article on PinoyExchange says both the witnesses must be impartial. Family members are 'not' preferred witnesses. This is also what I was told and had to find non family witnesses.

 

The reason is it may imepede future legal process such as annulment.

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ozboy

Actually getting a spousal visa is much harder than a PMV or temporary visa....in his case he would need to live with her for 12 months and with shared bills, plenty of photos and proof of civil or church wedding details, HE MUST PROVE he is in a loving and meaningful relationship....

 

There is no jurisdiction over the financial support he has to pay her while living in the Philippines....

 

A PMV does not having the living together part but both parties would have to have met....Again the usual relationship proof is required....once in aust. the couple have 8 months to get married at a pre-determined date...

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Majorsco

Even though I am new here I feel I should say this: Any divorce that is legal and accepted in the Philippines, gives that person the ability to marry again in the Philippines...and also the Filipina thought she does have to regester the divorce here in PI. (No Annulment is needed to get remarried in the Philippines.

 

Believe it or not, up until 2005 this had been the Catch-22 scenario for many Filipina women.  Let’s say ‘Joe’ arrives in the year 2000 and marries ‘Grace’, the Filipina.  Two years later, Joe goes back home and gets a legal divorce on Grace.  He is now free to re-marry.  So, Joe returns to the Philippines to find that the Filipino courts still consider her married to him.. but he is no longer married her.  He marries a second Filipina in 2003 and is now married to one woman.. although two women are married to him in return.

This kept the first Filipina wife from being able to meet and marry ‘Bob’ after her husband ‘Joe’ divorced her, because the Filipino government didn’t acknowledge her as divorced.  As you can imagine this caused a lot of hardship and heartache for many Filipinas.

 

Fortunately.. in 2005 under President Aquino, his Executive Order modified a (then) recent revision of the Family Code to include an amendment giving Philippine citizens the right to re-marry when a legal divorce has been recognized by the home-country of the other (foreign) spouse.  This act, only authorized just 7 years ago finally set free Filipina women to re-marry.  Imagine meeting the woman of your dreams only to find out she is still ‘legally’ married with no ability to divorce?!  Some Filipinas are still unaware of the change in the law and under the impression they cannot re-marry due to a previous marriage to a foreigner.  But.. as long as that previous foreigner has divorced them legally in their own home-country, it now applies for them as well.  For more details and verbiage on this Amendment.. you can (I Believe that I Read in the Rules where we could not put a link without prior permission from admin. but you can look it up on search or if they give me permission I will post it here)

 

 

I don't know if the lawyers and courts know about this.  The soon to be husband of my niece just got his original Philippine marriage to a Filipina annulled.  He married her years ago, took her to the US, where they later divorced legally.  Because he wants to marry my niece here in the Philippines, he was forced to get the annullment, and had to pay big bucks to get it.  This just came through for him a couple of weeks ago and the next wedding is  next month or two.

An article on PinoyExchange says both the witnesses must be impartial. Family members are 'not' preferred witnesses. This is also what I was told and had to find non family witnesses.

 

The reason is it may imepede future legal process such as annulment.

 

Good info.  I'll pass it on.  Thanks

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Mattnlenny

Why would he be in such a rush to get married?  I don't get it.  It won't get her to Australia any quicker.

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Majorsco

Actually getting a spousal visa is much harder than a PMV or temporary visa....in his case he would need to live with her for 12 months and with shared bills, plenty of photos and proof of civil or church wedding details, HE MUST PROVE he is in a loving and meaningful relationship....

 

There is no jurisdiction over the financial support he has to pay her while living in the Philippines....

 

A PMV does not having the living together part but both parties would have to have met....Again the usual relationship proof is required....once in aust. the couple have 8 months to get married at a pre-determined date...

 

 

Good info, thanks.  I'll pass it on.  I'm sure he doesn't want her now anyway because of her business and lies.

Why would he be in such a rush to get married?  I don't get it.  It won't get her to Australia any quicker.

I guess he thinks he can't get a girl anyway else, so he comes wanting to meet and marry in a few days.  I think its pretty strange and my wife and I told him when he was here dating my kids yaya months ago, that he should take his time and build a relationship first.  He was wanting to start a family quickly.  He's about 40, so he has lots of time.

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ROVER

I would like to add to what I said above (Not sure how to do it except make a new post......I don't usually like to give private information out but this may help someone.....I was married here in 1994 we moved back to the States in 2,000 she and her sister came back here for a visit and cheated on me....so I dovorced her (In The States). In 2004 I moved here and a year later I married my wife now (a Filipina) no problem also in 2010 my ex-wife (Filipina) Still a citizen of the Philippines came here to PI and married (legally) the guy she cheated with...again no problem she just had to regester the Divorce Papers from the States.....I hope this helps someone other wise I am going to hate myself for putting my past out there.

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Majorsco

 

 

she just had to regester the Divorce Papers

 

Thanks for the info.

 

I think the registering the foreign divorce papers in the Philippines (NSO, I'm assuming) is new information that I have never heard.  I suspect that info is not being spread by the attorneys doing annulments because it would take a chunk out of their fees.

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hyaku

A friend of mine tried to register his divorce in Manila. They told him to do it back in the States at an Embassy as its more simple. Its quite common.

 

Sad thing is this guy has to pay anything out in the first place. Damn, they still ask things like, " Do you take this woman to be your wife in front of a judge or mayor. He must be deaf as well a illiterate.

Edited by hyaku

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Fred M

if all of the above then its hard to feel sorry for the guy

Don't forget he is Australian.

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RogerDuMond

Here is the process. Just went through this with a neighbor from Belgium who was married here, divorced in Belgium, and wishes to remarry here.

 

His divorce is legal here, but in order to get a marriage license here he needs a cenomar. To get the cenomar they require his divorce papers be certified by the Philippine Embassy closest to his home town in his home country. Then he needs to have a judges order in the Philippines requiring NSO to log the divorce into their records. This will cost about $500 USD for the attorney and is simple to get. Then once he gets the cenomar, he needs a Legal Capacity to marry from his Embassy here in the Philippines. He does NOT need an annulment.

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ellenbrook2001

he can get divorced in Aussie and it is legally accepted in the Philippines.

 

he can of course engage an attorney and spend a huge bundle in the Philippines court system. he would need to be overseas whilst he did that as it may otherwise affect his health and longevity taking a Judge to court etc

 

i

sure he can divorced in AUSTRALIA but he will still married in the Philippines and cannot married here unless he do all those crap papers works with a lot of $$$$$ then maybe 2 years wait 

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ellenbrook2001

Even though I am new here I feel I should say this: Any divorce that is legal and accepted in the Philippines, gives that person the ability to marry again in the Philippines...and also the Filipina thought she does have to regester the divorce here in PI. (No Annulment is needed to get remarried in the Philippines.

 

Believe it or not, up until 2005 this had been the Catch-22 scenario for many Filipina women.  Let’s say ‘Joe’ arrives in the year 2000 and marries ‘Grace’, the Filipina.  Two years later, Joe goes back home and gets a legal divorce on Grace.  He is now free to re-marry.  So, Joe returns to the Philippines to find that the Filipino courts still consider her married to him.. but he is no longer married her.  He marries a second Filipina in 2003 and is now married to one woman.. although two women are married to him in return.

This kept the first Filipina wife from being able to meet and marry ‘Bob’ after her husband ‘Joe’ divorced her, because the Filipino government didn’t acknowledge her as divorced.  As you can imagine this caused a lot of hardship and heartache for many Filipinas.

 

Fortunately.. in 2005 under President Aquino, his Executive Order modified a (then) recent revision of the Family Code to include an amendment giving Philippine citizens the right to re-marry when a legal divorce has been recognized by the home-country of the other (foreign) spouse.  This act, only authorized just 7 years ago finally set free Filipina women to re-marry.  Imagine meeting the woman of your dreams only to find out she is still ‘legally’ married with no ability to divorce?!  Some Filipinas are still unaware of the change in the law and under the impression they cannot re-marry due to a previous marriage to a foreigner.  But.. as long as that previous foreigner has divorced them legally in their own home-country, it now applies for them as well.  For more details and verbiage on this Amendment.. you can (I Believe that I Read in the Rules where we could not put a link without prior permission from admin. but you can look it up on search or if they give me permission I will post it here)

hmm i am lost here was marry in MANILA  25 years ago then we did get divorced 6 years ago in AUSTRALIA so retired here did apply to remarry here to a wonderful girl but i still recorded here has marry to my ex uhhuhuuhuhhu what a bull anywhere did start papers back home for the court here you wont believed what they ask my original documents certified seal not good enough a nightmare , maybe 2 years if i am lucky maybe a dye before with all that stressed ????????? 

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ozboy

This is quite a contenscious issue and have heard different versions.....what I understand is that the foreigner married in the Philippines can get a divorce back home thus he is able to get a letter of no impediment to marry from his embassy....unfortunately his wife as a Filipino citizen still needs an annulment if she wants to remarry....the aust. foreigner can only sponsor 1 more Pinay and that's after a 5 year wait period....

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Majorsco

Hate to add to the contention, but if the couple want a Catholic church wedding, wouldn't they need an annulment from the church regardless what the civil authorities need?

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spooks

sure he can divorced in AUSTRALIA but he will still married in the Philippines and cannot married here unless he do all those crap papers works with a lot of $$$$$ then maybe 2 years wait 

 

sure he can divorced in AUSTRALIA but he will still married in the Philippines and cannot married here unless he do all those crap papers works with a lot of $$$$$ then maybe 2 years wait 

Sorry Not sure i understand you

 

If he is legally divorced In Australia then he is no longer married

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