daisy Posted February 23, 2012 Posted February 23, 2012 Hi guys long time no talk...lolMy friend is planning to marry philipina lady and settle in pi but she is already married to phil man. He told me he has to wait to 2014 to marry in pi is this correct or how can he get anulment faster. Be interested in anyone who has experience of this before? many thanks... knowing pi laws there must be a faster way lol :)Best regardsTerenceThe faster way is not all about money only....the lawyer must be smart enough to research and know who are the judges all over the country who are partial to annulment! 2 Link to comment Share on other sites More sharing options...
Jollygoodfellow Posted February 24, 2012 Posted February 24, 2012 Can a non Filipino file for an annulment if they are married to a Filipino? Say if one of them is a foreigner and it is the foreigner that wishes an annulment for example. I am not sure but it is my understanding that only the Filipino can file for an annulment.You just file a divorce. I know someone who have been married twice with Filipinas. Been living here in PI for a long time. It is good that you should be the one to file a divorce rather than your Filipina wife because if she will, then she will remain legally bonded to you since we don't recognise divorce here. In this case your law is being followed.I am no expert but divorce and annulment are two different things,A foreigner may get a divorce from his wife in his own county and he is free but I dont believe the wife is free at all until she gets an annulment in the Philippines. Effectively a foreigner can leave an ex Filipina wife stuck in a way she can never marry again.Anyone know better than what my understanding is? Link to comment Share on other sites More sharing options...
daisy Posted February 24, 2012 Posted February 24, 2012 http://www.bcphilippineslawyers.com/marriage-annulment-divorce-in-the-philippines/430/However, I read somewhere, can't locate my source...the divorce should be filed by the foreigner otherwise it will still be not recognise here if filed by the Filipina wifehere it is:http://philfaqs.com/live-there/culture/marriage-nationality-and-divorce/ Link to comment Share on other sites More sharing options...
Steve & Myrlita Posted February 24, 2012 Posted February 24, 2012 Yes it's in the family code. A foreigner may seek a divorce in their own country thus freeing both the foreigner and the Filipina to remarry in the RP provided that the divorce was sought soley by the foreign spouse. If however, a divorce was sought jointly or by the Filipina then the Filipina will still be married in the RP and not free to remarry. Link to comment Share on other sites More sharing options...
Bruce Posted February 24, 2012 Posted February 24, 2012 Yes it's in the family code. A foreigner may seek a divorce in their own country thus freeing both the foreigner and the Filipina to remarry in the RP provided that the divorce was sought soley by the foreign spouse. If however, a divorce was sought jointly or by the Filipina then the Filipina will still be married in the RP and not free to remarry.I thought that a foreign divorce MUST be 'reconized' by a Phils court... basically making it as troublesome as an anullment. It is REALLY as easy as getting a $300 US divorce (done by the man) and then taking a copy with you (now talking about the Pinay) to the NSO (???) and getting a certificate of singleness (???) and then off to the cityhall to get a new marriage license with the new Mr. Wonderful??? Link to comment Share on other sites More sharing options...
Steve & Myrlita Posted February 24, 2012 Posted February 24, 2012 (edited) Yes it's in the family code. A foreigner may seek a divorce in their own country thus freeing both the foreigner and the Filipina to remarry in the RP provided that the divorce was sought soley by the foreign spouse. If however, a divorce was sought jointly or by the Filipina then the Filipina will still be married in the RP and not free to remarry.I thought that a foreign divorce MUST be 'reconized' by a Phils court... basically making it as troublesome as an anullment. It is REALLY as easy as getting a $300 US divorce (done by the man) and then taking a copy with you (now talking about the Pinay) to the NSO (???) and getting a certificate of singleness (???) and then off to the city hall to get a new marriage license with the new Mr. Wonderful???Close but yes. The certified true copy the foreigner's divorce decree must be presented to the NSO for verification. Upon clearance, the NSO will nullify the Filipina's marriage thus making her eligible to obtain a CENOMAR. The court is not needed to grant a right that the Filipina by law already has. Edited February 24, 2012 by Steve & Myrlita Link to comment Share on other sites More sharing options...
Bruce Posted February 24, 2012 Posted February 24, 2012 Yes it's in the family code. A foreigner may seek a divorce in their own country thus freeing both the foreigner and the Filipina to remarry in the RP provided that the divorce was sought soley by the foreign spouse. If however, a divorce was sought jointly or by the Filipina then the Filipina will still be married in the RP and not free to remarry.I thought that a foreign divorce MUST be 'reconized' by a Phils court... basically making it as troublesome as an anullment. It is REALLY as easy as getting a $300 US divorce (done by the man) and then taking a copy with you (now talking about the Pinay) to the NSO (???) and getting a certificate of singleness (???) and then off to the city hall to get a new marriage license with the new Mr. Wonderful???Close but yes. The certified true copy the foreigner's divorce decree must be presented to the NSO for verification. Upon clearance, the NSO will nullify the Filipina's marriage thus making her eligible to obtain a CENOMAR. The court is not needed to grant a right that the Filipina by law already has.(I feel like a dentist here :mocking: ) Can you expand on your word 'clearance). What is needed, time frame (very important) is it as simple as showing up with a certified copy and 5,000p in a white envelope???? :emostrongbow: And off to get married by 2pm? Link to comment Share on other sites More sharing options...
Steve & Myrlita Posted February 24, 2012 Posted February 24, 2012 Yes it's in the family code. A foreigner may seek a divorce in their own country thus freeing both the foreigner and the Filipina to remarry in the RP provided that the divorce was sought soley by the foreign spouse. If however, a divorce was sought jointly or by the Filipina then the Filipina will still be married in the RP and not free to remarry.I thought that a foreign divorce MUST be 'reconized' by a Phils court... basically making it as troublesome as an anullment. It is REALLY as easy as getting a $300 US divorce (done by the man) and then taking a copy with you (now talking about the Pinay) to the NSO (???) and getting a certificate of singleness (???) and then off to the city hall to get a new marriage license with the new Mr. Wonderful???Close but yes. The certified true copy the foreigner's divorce decree must be presented to the NSO for verification. Upon clearance, the NSO will nullify the Filipina's marriage thus making her eligible to obtain a CENOMAR. The court is not needed to grant a right that the Filipina by law already has.(I feel like a dentist here :mocking: ) Can you expand on your word 'clearance). What is needed, time frame (very important) is it as simple as showing up with a certified copy and 5,000p in a white envelope???? :emostrongbow: And off to get married by 2pm?Sorry, that I'm not sure. Will do more research on this. I doubt it can be done that fast. After all, this is The Philippines where hurrying up is a crimunal offense (hehe). 1 Link to comment Share on other sites More sharing options...
Steve & Myrlita Posted February 24, 2012 Posted February 24, 2012 (edited) OK Bruce, I own you an apology. I looked up Article 26 of the family code as well as a legal blog and found that the foreign divorce must be adjudicated in court. It appears to be an easy out for the foreigner but still a nightmare for the Philippine Citizen. Either judgement is rime consuming and agravating thus reenforcing the culture of no divorce in the RP. Thank you Catholic Church. Again sorry for the error but I wanted to get it corrected before someone used my error and got into trouble. Here is the blogspot link I found:http://famli.blogspot.com/2005/12/divorce-obtained-abroad-by-filipino.html Edited February 24, 2012 by Steve & Myrlita 1 Link to comment Share on other sites More sharing options...
Jake Posted February 24, 2012 Posted February 24, 2012 (edited) OK Bruce, I own you an apology. I looked up Article 26 of the family code as well as a legal blog and found that the foreign divorce must be adjudicated in court. It appears to be an easy out for the foreigner but still a nightmare for the Philippine Citizen. Either judgement is rime consuming and agravating thus reenforcing the culture of no divorce in the RP. Thank you Catholic Church. Again sorry for the error but I wanted to get it corrected before someone used my error and got into trouble. Here is the blogspot link I found:http://famli.blogspo...y-filipino.html It's OK Steve,Written laws and policies can easily be interpreted or enforced differently. For example, I would bet that any two immigrationofficials would not be able to realize/understand the same exact revision. Furthermore, there is no guarantee that any lawyeror judge can apply the same strict adherence of the law. I had an opportunity to read a summation written by a judge, a fortypage disposition paper. I feel asleep by the time I got to page 3. It was full of strange legal jargon and very long winded.In the end, there is always that proverbial table that appears late at night for midnight under the table deals....he, he.Respectfully -- Jake Edited February 24, 2012 by Jake added "would not" 2 Link to comment Share on other sites More sharing options...
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