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Need advise

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1 Need advise on Sun Dec 23, 2012 9:01 pm

Stranger101


Arresto Menor
I am glad to come across your website and am hoping that you can enlighten me about my concerns

I am working in UAE since 2005 where I have met my British boyfriend. I got pregnant in 2009, but unfortunately, we can’t get married in UAE or in the Philippines as he doesn’t have a passport by that time. His passport was held by the authorities due a case which has he has been maliciously charged. As you know getting pregnant in UAE out of wedlock is illegal, so with the recommendations of family, I went home and married a friend under Presidential Decree 1083.The marriage was pre-dated as the hospitals here would count the date of conception of the child.

I gave birth to my daughter on 2010 in the Philippines, but on the birth certificate there were no details of the father. My boyfriend can’t travel to sign the declaration of paternity as he is more or less on house arrest .I didn’t use the surname of my friend(the one whom I married) as the fact that he is not the biological father .He’s been good enough to help me in that sad situation. After delivery, I and my friend or so-called husband has filed a divorce under P.D. 1083 and it was granted in August 2010.

In 2011, my boyfriend (now my fiancé) won the case and he was finally free to leave UAE. Now we want our daughter (who is turning 3 next year) to use her father’s surname. Currently, all her records (birth certificate, hospital records) bear my surname. Next year she will be going to school and we want all her records to show her (biological) father’s surname.

Can you please advise what are the steps that we have to do in changing her details on the birth certificate? Can we use RA 9255 to change her details even though at the time of her birth I was still legally married?

My other concern is that my" friend”(ex-husband) married his long time girlfriend after our divorce, but he applied for a copy of their marriage certificate at the NSO for the purpose of passport application, but what has been given to him was the copy of our marriage certificate instead. When he checked at their local registrar (where his marriage with his girlfriend took place) he was informed that their marriage certificate has not been submitted to the NSO as his record in the said agency is showing that he is still married to me. He also asked for a CENOMAR but when he got the copy, it was showing that he is married, but my name was mentioned erroneously. Recently I have applied for CENOMAR as it is needed to register the birth of my daughter at the British embassy in Manila. Surprisingly, on my CENOMAR it is mentioned that my name does not appear on the record of marriages. So it means that I am still single. So my presumption is that maybe because NSO has entered my name incorrectly on their record of marriages. Please let me know how should I correct it? As per NSO, the local civil registrar should send the copy of our divorce certificate so that they can put an annotation on our marriage certificate that we are “DIVORCED” I also want it to be mentioned in our (mine & my ex-husbands) CENOMAR so that his marriage with his current partner will be legalized. Also I and my fiancé, the biological father of my daughter wants to get married next year and I want everything to be in order. I want to declare that I am divorced and not single as per NSO’s record.

Sorry for my lengthy message, but would really appreciate your reply.










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2 Re: Need advise on Sun Dec 23, 2012 11:19 pm

AWV


Reclusion Perpetua
How is that possible? There's no divorce in Philippines!
http://liveinthephilippines.com/content/is-there-a-divorce-in-the-philippines/
Do you mean annuled?

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3 Re: Need advise on Sun Dec 23, 2012 11:54 pm

AWV


Reclusion Perpetua
Tell me if you received my message in your inbox!

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4 Re: Need advise on Mon Dec 24, 2012 3:27 pm

Stranger101


Arresto Menor
AVW,I got your message and thanks for the link. I will check it.

You were saying that one of your aunts has a similar case, can you please explain more? Thanks.

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5 Re: Need advise on Mon Dec 24, 2012 6:32 pm

AWV


Reclusion Perpetua
Okay! check your inbox!

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6 Re: Need advise on Tue Dec 25, 2012 9:24 pm

attyLLL


moderator
divorce is possible for marriages conducted under muslim rites.

I am not familiar with divorce rites, but I would think that a sharia court can order the NSO to mark the marriage certificate as divorced.

as for correction of names and spelling what immediately comes to mind is a court petition for correction of entries.


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7 Re: Need advise on Thu Dec 27, 2012 10:25 pm

Stranger101


Arresto Menor
@AVW, you mean your auntie was married before? I mean before she got married to her Japanese husband?

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8 Re: Need advise on Fri Dec 28, 2012 7:32 am

AWV


Reclusion Perpetua
Yes! But that's all I can tell you now as she is happily married for years and her life is quiet now! She is just too smart and know what to do!

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9 Re: Need advise Today at 4:28 pm

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