Sampaguita Posted November 2, 2010 Posted November 2, 2010 (edited) HERE is another story that really upsets me. Why is it that a Filipino cannot remarry once her Filipino partner divorces them? This is truly unfair but it is good to read that they can remarry if their partner is a foreigner and divorces them in their own country. After two years, George stopped sending his support and instead sent Amelia a summons and a copy of the petition for divorce. Amelia did not sign the divorce. Nevertheless, a California Superior Court issued a final divorce judgment.After more than two years, Amelia learned that George married a US citizen and he was petitioned by his US citizen spouse to become a lawful permanent resident. In the meantime, Amelia went on with her life and met Joseph, also a US citizen. Their relationship developed and Joseph subsequently asked Amelia to marry him so that she can be petitioned to go with him to the US. Amelia accepted Joseph’s proposal and they both set a date for their marriage.As a condition for Amelia to remarry in the Philippines, recognition of the foreign decree of divorce is needed in Philippine courts. The request for recognition was denied on the ground that both George and Amelia were Filipino citizens at the time the divorce was obtained. According to Amelia’s legal counsel, the divorce issued by the California Court has no valid and legal effect in the Philippines, as divorce between two Filipino citizens is not recognized. Edited November 2, 2010 by Mr. Lee add topic description Link to comment Share on other sites More sharing options...
Genius Posted November 3, 2010 Posted November 3, 2010 Sounds par for the course for the Phillipine legal system. HERE is another story that really upsets me. Why is it that a Filipino cannot remarry once her Filipino partner divorces them? This is truly unfair but it is good to read that they can remarry if their partner is a foreigner and divorces them in their own country. After two years, George stopped sending his support and instead sent Amelia a summons and a copy of the petition for divorce. Amelia did not sign the divorce. Nevertheless, a California Superior Court issued a final divorce judgment.After more than two years, Amelia learned that George married a US citizen and he was petitioned by his US citizen spouse to become a lawful permanent resident. In the meantime, Amelia went on with her life and met Joseph, also a US citizen. Their relationship developed and Joseph subsequently asked Amelia to marry him so that she can be petitioned to go with him to the US. Amelia accepted Joseph’s proposal and they both set a date for their marriage.As a condition for Amelia to remarry in the Philippines, recognition of the foreign decree of divorce is needed in Philippine courts. The request for recognition was denied on the ground that both George and Amelia were Filipino citizens at the time the divorce was obtained. According to Amelia’s legal counsel, the divorce issued by the California Court has no valid and legal effect in the Philippines, as divorce between two Filipino citizens is not recognized. Link to comment Share on other sites More sharing options...
Candyman Posted November 3, 2010 Posted November 3, 2010 Yes, it is a really stupid situation, that can only be changed by Philippine legislation. In Amelia's case, the only possible way for her to legally marry Joseph is in another country, whether it is the USA or some other country, that recognises the decree nisi of Amelia's previous marriage. That would entail a fiancee' visa, and the rest should be pretty straight forward. Link to comment Share on other sites More sharing options...
No name Posted November 3, 2010 Posted November 3, 2010 As a condition for Amelia to remarry in the Philippines, recognition of the foreign decree of divorce is needed in Philippine courts. The request for recognition was denied on the ground that both George and Amelia were Filipino citizens at the time the divorce was obtained. According to Amelia’s legal counsel, the divorce issued by the California Court has no valid and legal effect in the Philippines, as divorce between two Filipino citizens is not recognized. It is 100% accurate. I ran across this the other day. I suspect it is because there is no divorce in the Philippines. So it really makes sense to me. Well, in that it is consistent with other law.It is to prevent Filipino from leaving the country to get a divorce and bypass the local laws.An exception seems reasonable for couples that lived outside the Philippines for a certain number of years.There is one more requirement. If the spouse of the Filipino is foreign then the divorce will be recognized BUT they Filipino citizen must get the divorce certified by a court in the Philippines. Link to comment Share on other sites More sharing options...
Jim Sibbick Posted November 4, 2010 Posted November 4, 2010 Not just Filipinos either.I was married to a Filipina, in the Philippines.I can't remarry in the Philippines without an annulment. However, I can remarry outside the Philippines.The Philippines will recognise a divorce obtained in a foreign country by the foreign spouse. They will not recognise a divorce obtained in a foreign country by a Filipino.My ex Filipina wife obtained a divorce in Australia. It clearly says on the paperwork, divorce without consent of spouse. I sought advice from 3 attorneys in the Philipines. They all concluded that I am still married in the Philippines and require an annulment.Now don't think any of this bothers me. I am more than happy to tell all the Filipinas chasing me that I am unable to marry.Regards: Jim Link to comment Share on other sites More sharing options...
roy2cebu Posted November 4, 2010 Posted November 4, 2010 Ur a bad lad Jim..hehe!On my way 2 cebu tomorrow..catch up when u arrive Link to comment Share on other sites More sharing options...
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