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Majorsco

Aussie Married Filipina Without Knowing

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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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ozboy

HAHA....not only annulment but approval from the Vatican......but you know a little generosity will move mountains....

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Hamm

Actually I'm just happy the nice yaya didn't get stuck with someone who's a drunk and verbally abusive. Not one iota of sympathy for such people i have. 

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Bonjon

I would report the scam to the police.  It is a criminal activity what has happened.

 

I would then seek an annulment.  Reporting the crime will strengthen the case.  I believe there is strong case under para. 3 & 4:

 

 Grounds for Annulment of Marriage in the Philippines:

Art. 45 of The Family Code of the Philippines states 6 grounds by which the court can annul a marriage.
The grounds for annulment of marriage are:

1. Absence of Parental Consent. A marriage was solemnized and one or the other party was eighteen (18) years of age or over but below twenty-one (21) and consent was not given by the parents, guardian or person having substitute parental authority. The Petition of Annulment must be filed within five (5) years of having attained the age twenty-one. However, if the parties freely cohabited with the other as husband and wife after having reached the age of twenty-one (21) a Petition of Annulment can no longer be filed.

2. Mental Illness. One or the either party was of unsound mind at the moment of the marriage. But if the parties freely cohabited with each other after he or she came to reason the law prohibits the filing of a Petition.
3. Fraud. That the consent of either party was obtained by fraud, unless such party once having knowledge of the fraud freely cohabited with the other as husband and wife. The petition must be filed within five (5) of finding out the facts of the fraud.

4. That the consent of either party was obtained by force, intimidation or undue influence. Except when the same has ceased and the party filing the petition freely cohabited with the other as husband and wife. The injured party must file within five (5) years from the point in time the force, intimidation or undue influence disappeared or came to an end.

5. One or the other party was physically incapable of consummating the marriage, and such incapacity continues and appears to be incurable. The filing of the Petition of Annulment must be filed within five (5) years after the marriage.

6. Either party was at the time of marriage afflicted with a sexually-transmitted-disease (STD) found to be serious and seems to be incurable. This may also constitute fraud. The filing of the Petition of Annulment must be filed within five (5) years after the marriage.

 

Seeking a divorce in Oz would leave the petitioner exposed to financial demands.

Edited by Bonjon
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RogerDuMond

 

 

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

 

This used to be enough, and according to the law should work, but the new policy of most Local Civil Registers is now to require that both applicants acquire a CENOMAR. Not all LCRs do require it. If the person was married in the Philippines they can not get a CENOMAR from NSO without the process of their divorce being registered with NSO and the only way to get it registered is by court order. In order to get the court to order NSO to make the record change, you must have an attorney petition the court and must have your foreign divorce papers certified by the Philippine Embassy in your own country. This is totally separate from the legal capacity which you also need from your Embassy in this country.

 

The toughest part of the process logistically is getting your divorce certified in your home country by the Philippine Embassy.

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Majorsco

This has been a very informative thread. I hope it will help some people in these circumstances.

 

Thanks to all.

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ROVER

(Majorsco) you are correct about a Catholic wedding....(but outside the Catholic Church annulment is not needed if divorced in another country where spouse is from. This is even listed on the PH. Gov. website, they have had it listed for the last year at least trying to get the word out.

 

 

Maybe this will help clear it up....people have a tendancy to argue about what aunt Ester told ate Mary who is the househelper of a barber who has a brother who is a driver for Uncle Fred who heard a couple of law students say it was not possible cause there is no divorce in the Philippines....LOL :hyper:

 

Philippine law, in general, does not provide for divorce inside the Philippines. The only exception is with respect to Muslims, who are allowed to divorce in certain circumstances. For those not of the Muslim faith, the law only allows annulment of marriages. Article 26 of the Family Code of the Philippines does provide that

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.

This would seem to apply only if the spouse obtaining the foreign divorce is an alien. However, the Supreme Court of the Philippines declared in the case of RP vs. Orbecidio

[..] we are unanimous in our holding that Paragraph 2 of Article 26 of the Family Code (E.O. No. 209, as amended by E.O. No. 227), should be interpreted to allow a Filipino citizen, who has been divorced by a spouse who had acquired foreign citizenship and remarried, also to remarry.
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MattFromGA

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.

More than likely he was in a long term relationship and his wife left him.  He was then in unfamiliar territory and a need for a wife was instantly growing.  Maybe his head is still spinning from the divorce.  Maybe he wants to show is x that he has a better wife now.

 

I know it can take years to truly recover from a divorce even when you initiated it to begin with.  Nobody should rush to get into a new relationship until after the head spinning stops for a while.

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smokey

He should claim insanity as stupidity is inadmissable

 

 

 

Did he accidently have a honeymoon also

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Brucewayne

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.

 

Good info.  I'll pass it on.  Thanks

 

The divorce must be filed with NSO before it will be recognized by the Philippine government.

Did your niece's fiance file it properly?

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Majorsco

The divorce must be filed with NSO before it will be recognized by the Philippine government.

Did your niece's fiance file it properly?

Not that I know if because they didn't know to do it that way. Fortunately money is not an issue since the husband inherited $1 million + $$. Cost wasn't a factor for them, and they just paid what ever was needed to get the annulment quickly.

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Brucewayne

Not that I know if because they didn't know to do it that way. Fortunately money is not an issue since the husband inherited $1 million + $$. Cost wasn't a factor for them, and they just paid what ever was needed to get the annulment quickly.

 

He was lucky, most guys or gals get married, need to annul or divorce and end up still married for life because they don't have the money to do the "right" thing.

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Majorsco

He was lucky, most guys or gals get married, need to annul or divorce and end up still married for life because they don't have the money to do the "right" thing.

I won't say he's lucky because he's still an alcoholic gambler who has no respect for family or his wife and had an unattended 15 year old Korean boy living with him part time. Not saying there is anything going on, but????

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Paul

Since the below quoted text was made, I will not take time to read through the balance of this thread. Read my reply below, to explain why:

 

No, it was less than the ten days, but it was his second trip to the Philippines within 12 months.

 

This doesn't matter. If he was in the country less than 10 days, he could not possibly have gotten married legally. That is one of the requirements to marry in the Philippines. You (foreigner) must have been in the country at least ten days, prior to being able to (legally) marry.

 

That is his out. He will have the stamps in his passport to prove that. 

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Bill H

 My kids yaya, still has feelings for him and thought he might be able to be rehabilitated until he did this, and he wasn't even drunk.

The biggest favor you can do for her is to tell her to move on and forget this guy! She won't rescue him, but he will bring her tons of grief!

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ellenbrook2001

This has been a very informative thread. I hope it will help some people in these circumstances.

 

Thanks to all.

 

RogerDuMond   YES the gentlemen his correct  that the only way to do it i know cause i am doing now but what a nightmare i did contact lawyers back to AUSTRALIA they do not know what i am talking about it they never heard such request ??? but the bill run already $ 1000 grrr welcome to the PHILIPPINES

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Brucewayne

I won't say he's lucky because he's still an alcoholic gambler who has no respect for family or his wife and had an unattended 15 year old Korean boy living with him part time. Not saying there is anything going on, but????

 

Sounds lucky to me, lucky to be alive!

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ozboy

Most law firms in Oz will not represent you but refere you to someone local.....your challenge is to find an atty here that you can trust to not milk you and string you along for months......

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Majorsco

Since the below quoted text was made, I will not take time to read through the balance of this thread. Read my reply below, to explain why:

 

 

This doesn't matter. If he was in the country less than 10 days, he could not possibly have gotten married legally. That is one of the requirements to marry in the Philippines. You (foreigner) must have been in the country at least ten days, prior to being able to (legally) marry.

 

That is his out. He will have the stamps in his passport to prove that.

Yes, I completely agree, but he must now go against the corrupt judge which has its own perils . I know it a scam, but at the same time if this guy had brains and would have read the documents before signing he wouldn't be in this mess.

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hyaku

Would he really

Yes, I completely agree, but he must now go against the corrupt judge which has its own perils . I know it a scam, but at the same time if this guy had brains and would have read the documents before signing he wouldn't be in this mess.

Would he really have to do that? Presented back to NSO they have little choice but to declare it null and void. I don't know how they go about that but its their problem.

 

A friend went there to find out the name on the marriage cert was different to to her name on her live birth and was told because of that she was 'never married'.

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ozboy

Law of averages.....expect a problem and find there is no problem........expect no problem and find you do have a problem...

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