Possible trouble??

[Marvin Boggs]

Mike will probably chime in here, he usually has a link to the source in these discussions.

 

[Jollygoodfellow]

7 hours ago, Viking said:

She is now married to me. Her ex husband is also living in Sweden and we have no trouble with him. My wife is a Swedish citizen and no longer Filipino citizen. 

Can this give us problems when we move there?

Opinion only, l dont see how it could be a problem as legally she is divorced and remarried so now she is married to you and thats what the paperwork says so where can there be a problem ?

[OnMyWay]

2 hours ago, Jollygoodfellow said:

Opinion only, l dont see how it could be a problem as legally she is divorced and remarried so now she is married to you and thats what the paperwork says so where can there be a problem ?

I agree.  My opinion is stop worrying about this.  Just make sure she has all the paperwork needed to reacquire her PH citizenship and of course all of her divorce and new marriage paperwork.  You don't need an attorney unless a problem arises but that is unlikely.

[Jack D]

11 hours ago, Viking said:

We plan to move to Philippines later in 2020.

I'm just curious about who wants to move to the Philippines the most?... you or your wife?... or is it an equal desire for both of you? 

I'm only asking because my filipina wife occasionally talks about moving back, but I always persuade her (after discussing all of the pros and cons) to remain in the USA with me.

I always remind her about how expensive it was to move from the Philippines to the USA, and how I have no desire to live there again... visits?... yes!... but living there again?... No way! 

If she wants to go back, I'll be staying in my homeland.

 

[Mike J]

You should not have a problem.

https://news.abs-cbn.com/news/04/24/18/supreme-court-says-foreign-divorce-valid-in-ph

MANILA (UPDATE) - Filipinos divorced in other countries are allowed to remarry under Philippine law, the Supreme Court said Tuesday.

Voting 10-3, magistrates of the high court ruled that a divorce obtained by a Filipino citizen against a foreign spouse overseas is valid in the Philippines.

In the case of Marelyn Tanedo Manalo, the court noted Article 26 (2) of the Family Code which provides 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 likewise have the capacity to remarry under Philippine law."

Supreme Court spokesperson Theodore Te said prior to Tuesday's ruling, a divorce abroad is only considered valid here in the Philippines when it is initiated by the foreign spouse.

Magistrates who dissented were Mariano del Castillo, Estela Perlas-Bernabe, and Alfredo Benjamin Caguioa.

Associate Justice Francis Jardeleza refrained from voting due to his previous participation in the case as Solicitor General, while Chief Justice Maria Lourdes Sereno is still on leave, Te said.

In the case at hand, a lower court had ruled that the above-stated provision of the Family Code did not apply in the case because it was the Filipino spouse that initiated the divorce.

But the Court of Appeals overturned the decision, holding that Article 26 of the Family Code applies even if it was the Filipino spouse who filed for divorce against the foreign spouse because the decree obtained makes the foreigner no longer married to the Filipino, enabling the foreigner to remarry. 

The appellate court held that it would be unjust to consider the Filipino still married to the foreigner who is no longer considered married to the Filipino. 

The Supreme Court sustained the appellate court's ruling. 

The Philippines and the Vatican remain as the only states in the world where divorce is outlawed. Annulments are legal in the Philippines, but the process is costly and could take years.

The House of Representatives last month passed a divorce law on final reading. President Rodrigo Duterte has expressed opposition to the measure. 

[Gary D]

You only have to have your existing divorce recorded in the Philippines, not go through the whole process again.

[gery0x]

12 hours ago, Viking said:

I am more thinking if a jealous friend/neighbour or someone else want to make life hard for us, is it possible for them to give us serious trouble because of the situation?

Legally, they can file an adultery case if the girl is still married to another guy!

Maybe this is a stupid suggestion from my side, but if you're worried about that, why not simply go to a different island or city/barangay and fly under the radar?

 

3 hours ago, Mike J said:

Filipinos divorced in other countries are allowed to remarry under Philippine law, the Supreme Court said Tuesday.

Voting 10-3, magistrates of the high court ruled that a divorce obtained by a Filipino citizen against a foreign spouse overseas is valid in the Philippines.

That's very good news and it should be the solution to the problem!

Please also keep in mind that if your marriage is not registered in the Phils, you can neither obtain a 13a visa nor a balikbayan visa on arrival (in case that's your plan).

Edited December 27, 2019 by gery0x

[Gary D]

If both your passports show the same surname you will be offered a BB, never been asked for sight of our marriage certificate.

[Viking]

13 hours ago, Jollygoodfellow said:

Opinion only, l dont see how it could be a problem as legally she is divorced and remarried so now she is married to you and thats what the paperwork says so where can there be a problem ?

We have papers from Sweden saying she is married to me, but in Philippines there is papers saying she is married to her ex, thats why I asked if it would be a problem.

[Viking]

9 hours ago, Jack D said:

I'm just curious about who wants to move to the Philippines the most?... you or your wife?... or is it an equal desire for both of you? 

I'm only asking because my filipina wife occasionally talks about moving back, but I always persuade her (after discussing all of the pros and cons) to remain in the USA with me.

I always remind her about how expensive it was to move from the Philippines to the USA, and how I have no desire to live there again... visits?... yes!... but living there again?... No way! 

If she wants to go back, I'll be staying in my homeland.

 

I guess I am the one wanting it the most, but she wants it also.