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Seeking advice to nullify marriage.

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1 Seeking advice to nullify marriage. on Tue Nov 20, 2012 11:23 am

Kaye06


Arresto Menor
Hello, My ex-husband and i are both Filipinos and were married in the Philippines in 2008. We migrated to Australia and in 2010 i applied for divorce due to my ex' adultery and physical abuse. But i realised that the divorce is not recognised in the Philippines. My ex-husband have become an Australian Citizen this year 2012. But because i have already applied for divorce 2 years ago. He cant apply for a divorce decree than can be recognised by the Philippine government. May i ask what other options do we have to get divorce recognition in the Philippines? Yes, i want to remarry in the Philippines.

Thank you so much for your much needed advice!

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2 Re: Seeking advice to nullify marriage. on Tue Nov 20, 2012 3:33 pm

shad_marasigan


Reclusion Perpetua
I symphatize with you but there is no divorce here in the Philippines.

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3 Re: Seeking advice to nullify marriage. on Tue Nov 20, 2012 4:29 pm

Kaye06


Arresto Menor
Yes, there is no divorce in the Philippines. But now that my ex is an Australian Citizen, i would like to know how we can get our divorce recognised in the Philippines because i would like to remarry in the Philippines. Thank you.

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4 Re: Seeking advice to nullify marriage. on Tue Nov 20, 2012 4:39 pm

shad_marasigan


Reclusion Perpetua

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5 Re: Seeking advice to nullify marriage. on Wed Nov 21, 2012 7:32 am

Kaye06


Arresto Menor
Thank you, Shad_Marasigan, i read the link you sent me and i find that their situation is a bit different. In their case, they applied for a divorce AFTER they got naturalized in the foreign country. That makes it easier for them.

In my case, I am not naturalized yet, it is only my ex who has received citizenship in Australia. I have to wait 3 more years for mine to happen. The complication is, I was the one who applied for divorce two years ago, while my ex was still a Filipino Citizen.

I would like to ask if it's still possible for me to apply for recognition of our divorce in the Philippines, now that he is an Australian citizen? And how do i do it? What would be the lawyers best advice? If i cant get back my maiden name now, what can i do in the future?

My ex has been in relationship with his mistress even before we got married (2008) and is living together until now. I found out about the relationship, 8 months after the wedding, when they proposed that all 3 of us live together in one house. They wanted me to work and help support them. I was shocked and fought the perverted notion, in return i was physically abused. They were afraid i would report them. If i knew about their relationship, I would not have married him.

I wanted to come home, but in 2010 i was diagnosed with a rare condition which was aggravated by the abuse. I am now officially categorised as disabled and receiving pension and free medical help. If i were to come back to the Philippines, i would not be able to afford all the medical expenses as i can no longer work. I can only come and visit my family. I filed a divorce at the time so my ex wont have any hold on me anymore. I was too traumatised.

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6 Re: Seeking advice to nullify marriage. on Wed Nov 21, 2012 5:56 pm

shad_marasigan


Reclusion Perpetua
The best solution I would advise is to seek a lawyer in there that specializes in Family matters. He is in a better position.(hindi ko po alam ang batas ng Australia). Smile

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7 Re: Seeking advice to nullify marriage. on Wed Nov 21, 2012 8:01 pm

Almondo


Arresto Mayor
GO TO PHILIPPINE CONSULATE IN AUSTRLIA,, FILL OUT A FORM,,, FEE IS FREE TO FILIPINOS,,,, THE CONSULATE WILL EMAIL THE NSO TO UPDATE THEIR DATA BASE,,,, BINGO!,,, YOU NOW CAN GET YOUR CENOMAR TO MARRY IN PHILLIPES....

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8 Re: Seeking advice to nullify marriage. on Wed Nov 21, 2012 8:06 pm

Almondo


Arresto Mayor
SHAD,,, YOU ARE ON A PENSION,,,,YOU GO TO A "LEGAL AID" OFFICE OR SOME PRIVATE LAWYERS DO LEGAL AID,,,

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9 Re: Seeking advice to nullify marriage. on Sat Nov 24, 2012 8:08 am

attyLLL


moderator
kaye, i don't think there's a way to have that divorce recognized because you were still a filipino at the time you filed the petition for divorce. Perhaps there is still another ground for annulment.

almondo, that used to be a short cut, but that's not allowed anymore after the Supreme Court ordered the DFA to stop the practice.


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10 Re: Seeking advice to nullify marriage. on Wed Jan 09, 2013 3:29 am

Almondo


Arresto Mayor
attyLLL wrote:kaye, i don't think there's a way to have that divorce recognized because you were still a filipino at the time you filed the petition for divorce. Perhaps there is still another ground for annulment.

almondo, that used to be a short cut, but that's not allowed anymore after the Supreme Court ordered the DFA to stop the practice.
GOOD NEWS,, family court Judge told me foreners are NOT under Filo Law,,, i only need Certfcate of
no Impediment,,, not need NSO Cenomar..

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11 Re: Seeking advice to nullify marriage. on Wed Jan 09, 2013 8:09 am

adel.villafuerte


Arresto Mayor
To caye 06:

Divorce is an administrative proceedings of annulling marriage and is not recognized or exist in Philippine laws. However, for purposes of remarry, you need the attendance of counsel to file a PETITION FOR ANNULMENT OF MARRIAGE. PETITION FOR ANNULMENT OF MARRIAGE is different from PETITION FOR DECLARATION OF NULLITY OF MARRIAGE. ANNULMENT means that the essential and formal requisites of marriage are present during its celebration, while in NULLITY the marriage is void ab initio (void from the beginning) or VOIDABLE for reason of insufficiency of the formal requisites of marriage. In annulment, you have to prove that PSYCHOLOGICAL INCAPACITY exist before and during the celebration of marriage and you need the attendance of Psychiatrist to prove the same and to prove that there is no collusion between the parties.

Finally, no remarry shall be entertained or celebrated unless there is a JUDICIAL DECLARATION annulling and/or nullifying the prior marriage. Remarry without such judicial declaration constitute a public crime of bigamy.

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12 Re: Seeking advice to nullify marriage. on Wed Jan 09, 2013 6:26 pm

attyLLL


moderator
almondo, just be aware of the risk that you will end up with two marriage certificates and that can be basis for a charge of bigamy.

i agree that the certificate of no legal impediment should be given great weight, and this is what i argued for my client, but you should be aware that there has not been any definitive ruling by our Supreme Court in this matter


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