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Majorsco

Aussie Married Filipina Without Knowing

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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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