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Petition for Recognition of Foreign Divorce

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Canadianguy


Arresto Menor
My ex wife is still in Canada and I don't think she will ever remarry in the Philippines so I doubt it very much that she would ever change it, so does this mean that I have to take care of it since I plan to remarry in the Philippines?
Sorry I am just really confused how Philippine law works.

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52 Help regarding Muslim Divorce on Wed Apr 29, 2015 5:45 pm

madzieasha


Arresto Menor
Hi Everyone,

I just signed up to this forum because I am seeking for an advice regarding my on going divorce process.

I married a Maldivian man way back 2012, and Republic of Maldives is a Muslim country, so we went through Muslim marriage. We are currently undergoing our divorce (he is the one processing it from his country).

It is understandable that a Muslim divorce is a very easy process compared to divorce from other religion. However, I just wanted to know if the petition that needs to be filed to the Regional Court will undergo the same process (e.g. paying 80,000php as per the previous info on this thread)? Or would it be different since this is a Muslim marriage (e.g. easier to file in the court)? (And Muslim marriages have easy divorce process).

I appreciate your help and advice to enlighten me regarding this matter.

Thanks,
MD

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aizashaik03


Arresto Menor
Good Day po...

I want some advice kung ano po ba ang dapat kong gawin.
I was married to a japanese, we had our marriage here in pasay po after 2years living together in japan,we decided to get divorce because i cant give him a child.i was the one who filed the divorce in Philippine Embassy in Japan. I am now in Philippines and i have an Arab boyfriend. We are planning to get married in Dubai He told me i dont need to have the copy of my divorce paper so i can marry him in Dubai. Our main problem is we still need to get married here in pinas too as muslim marriage style called Nikkah. Do i still need to file a Pettion for Recognition or i can marry him here in pinas without doing it?

Thanks in advance.
God Bless

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vhixen1014


Arresto Menor
my wife and i (both filipino) are separated for 13 years. we both have our own families now and she is living in Canada. Last year she filed a divorce in Canada against me and was approved and she is now living with her new husband and child in Canada. my question is about our marriage here in Philippines is there anything i can do to make it void other than annulment?

The last time i spoke to her is that she is going to have her PR in Canada. does that qualify for the Judicial Recognition of Foreign Judgment once she got her foreign nationality?

if it qualify, how much would it cost me to process it in the court?

i would also like to move on with my family life and marry my wife now.

Hoping for your guidance and advice.

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pjottr


Arresto Menor
Dear Aty
I was married to a Filipina both in Netherlands and Philippines In the Netherlands I am divorced from her.
I reside here in the Philipines and am under Philippine Jurisdiction. For that reason I need to file in the RTC for recognition of this foreign divorce
My question: When I file do I file only for myself or also for the ex spouse?
She thinks that when I file she will be automatically cleared also.
I want my divorce to be amended in NSO and be legally free to remarry in the Philippines when the time is right.
2nd question:
Can you tell me what it will cost me to file in RTC for recognition? and how lon it will take?
I asked this to several lawyers,however I have doubts about their answers.
One Lawyer stated it is a long process and costly Another lawyer says it is a very simple and fast process and it would cost me around 80.000 php?
Am confused
Hopefully you will enlighten me
Kindest regards
Pjottr


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pjottr


Arresto Menor
Dear Atty
Hopefully you wil answer
I am a foreigner filing for recognition of foreign divorce. I live in Davao.

After  the RTC  at Davao has approved my request for recognition of foreign divorce it must   be annotated in NSO.
I understand from juris prudence  that  the verified petition must be filed with the RTC of the province where the corresponding civil registry is located and not directly with the Civil registrar. I was married in Quezon City
Here at the Local Civil registrar I was told that they could send my Court Order directly to the Civil registrar in Quezon City.
This is very confusing.
Is it true  that there will be a hearing again if my approved Court Order has been filed at the RTC in Quezon City? I have already been to hearings for the filing for recognition of my foreign Divorce.
When there is a hearing I will be needing a Lawyer again
In that case I will be needing an other Lawyer again
This seems very complicated since I live in Davao and do not know anybody in Quezon City
Please enlighten me since I find this very confusing I am a foreigner trying to become legally free and trying to comply with the Laws in the Philippines

Kindest regards
Pjottr

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titiapot


Arresto Menor
Hi Atty.

I am a filipina and just got recently divorced abroad from 5 years Philippine civil marriage The divorce was mutually agreed/consensual in the sense that he threatened my family here abroad if I will contest it. But I have nothing to ask anyway from him. So yes, we got them all done in 6 months. I also got my foreign citizenship. One lawyer from PH advised that the recognition is not possible as it is consensual. But he (my ex-hub) filed the petition and now wants to marry his new filipina girlfriend who he was able to bring here as she has a child from him. I also want to marry again in the Philippines. Being my divorce was consensual would that leave me stuck in this situation preventing me to marry again while he can continue with his life.

Thanks

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babyko_21


Arresto Menor
Good day Atty.. Maam and Sir,

Gusto ko po sana humingi ng tulong at advice sa kinasangkutan ko pong gulo. Umaasa po ako na mapansin nyo at mabasa tong sulat ko.

Way back 2006 po nagpakasal po ako sa hapon gamit ang pangalan ng tiya ko at nakarating po ako ng japan.
2009 po mag divorce po kami ng hapon na pinakasalan ko.
Nabuntis po ako ng bf ko nun at balak ayusin lahat mula sa peke kong pangalan na gamit.
Sinurender ko po sa Tokyo Philippine Embassy ang passport na gamit ko at siniwalat ko po ang pagkakamali ko.
Nabigyan po ako ng passport sa tunay kong pangalan.
Nakapag pakasal po kami ng bf kong hapon at sumuko din po ako sa japan immigration nagoya at sinabi lahat mula sa simula.
After ilang buwan ng paghihintay. Nabigyan po ako ng chance na manirahan ng normal dito sa japan.
Nabigyan ako ng japanese spouse visa tunay ko pong pangalan na.
Anak ko po ngaun ay 6years old na.

Ang problema ko po is ang tiya ko po na may ari ng pangalan na ipinakasal ko dati ay nagbabalak na magpakasal ngaun.
Di po sya mapapag pakasal kasi lumalabas sa record nya na kasal parin sya sa pinas.
Ang hapon po na may pinakasalan ko sa pangalan nya ay namatay year 2012.
Ngayon nung pumunta ako sa office kung saan pede makakuha ng death certificate nya at pinaliwanag lahat.
Di po ako mapag bigyan sa kadahilanang wala na daw po akong karapatan. Na divorce ng 2009 pa lang eh 2012 na namatay ang hapon kaya wala na daw po akong karapatan makakuha ng death certificate dahil matagal na kaming hiwalay.
Pero na nabigyan po ako ng original copy ng divorce papers at residence certificate nung hapon stated na namatay na sya.
Date lang po nakalagay dun na patay na sya. At ayaw tanggapin ng civil registral ng pilipinas dahil need talaga death certificate.

Maam/ Sir.. Tulungan nyo po ako sa mga dapat kong gawin.
Hangad ko po na makasal ang tiya ko. Ano po ang mga dapat kung gawin at ano po ang mga dapat kong kakailanganin.
Patawarin nyo po ako sa mahaba kong sulat.
Wala na po akong ibang malapitan dahil na rin sa kakulangan ng alam at budget na rin.
Masagot nyo po sana ako.
Umaasa po ako nagpapasalamat po ng sobra sa panahon na pede nyong malaan sa akin.

Maraming salamat.

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AWV


Reclusion Perpetua
pjottr wrote:Dear Aty
I was married to a Filipina both in Netherlands and Philippines In the Netherlands I am divorced from her.
I reside here in the Philipines and am under Philippine Jurisdiction. For that reason I need to file in the RTC for recognition of this foreign divorce
My question: When I file do I file only for myself or also for the ex spouse?
She thinks that when I file she will be automatically cleared also.
I want my divorce to be amended in NSO and be legally free to remarry in the Philippines when the time is right.
2nd question:
Can you tell me what it will cost me to file in RTC for recognition? and how lon it will take?
I asked this to several lawyers,however I have doubts about their answers.
One Lawyer stated it is a long process and costly Another lawyer says it is a very simple and fast process and it would cost me around 80.000 php?
Am confused
Hopefully you will enlighten me
Kindest regards
Pjottr



Your ex-wife is correct! You applied for the divorce therefore it will be recognised there you're a foreigner you can divorce her but she cannot divorce you first.
You don't need lawyers to file it for you! Just submit it to NSO.

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AWV


Reclusion Perpetua
Canadianguy wrote:My ex wife is still in Canada and I don't think she will ever remarry in the Philippines so I doubt it very much that she would ever change it, so does this mean that I have to take care of it since I plan to remarry in the Philippines?
Sorry I am just really confused how Philippine law works.

You have to take care of the filing of your divorce in Canada as if she does, it will not be valid in the Philippines. After divorce has been approved submit a copy to NSO and it will be soon sorted in their system.

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AWV


Reclusion Perpetua
aizashaik03 wrote:Good Day po...

I want some advice kung ano po ba ang dapat kong gawin.
I was married to a japanese, we had our marriage here in pasay po after 2years living together in japan,we decided to get divorce because i cant give him a child.i was the one who filed the divorce in Philippine Embassy in Japan. I am now in Philippines and i have an Arab boyfriend. We are planning to get married in Dubai He told me i dont need to have the copy of my divorce paper so i can marry him in Dubai. Our main problem is we still need to get married here in pinas too as muslim marriage style called Nikkah. Do i still need to file a Pettion for Recognition or i can marry him here in pinas without doing it?

Thanks in advance.
God Bless

Your divorce is recogniseable in Japan but not in the Philippines, your foreign husband should have divorce you, not you divorce him as there's no divorce in the Philippines as yet! If you get married again without clearing your previous marriage, you will have difficulties because they will ask for CENOMAR (CERTIFICATE OF NO MARRIAGE) nowadays.

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AWV


Reclusion Perpetua
vhixen1014 wrote:my wife and i (both filipino) are separated for 13 years. we both have our own families now and she is living in Canada. Last year she filed a divorce in Canada against me and was approved and she is now living with her new husband and child in Canada. my question is about our marriage here in Philippines is there anything i can do to make it void other than annulment?

The last time i spoke to her is that she is going to have her PR in Canada. does that qualify for the Judicial Recognition of Foreign Judgment once she got her foreign nationality?

if it qualify, how much would it cost me to process it in the court?

i would also like to move on with my family life and marry my wife now.

Hoping for your guidance and advice.

Her divorcing you is not recogneasable in the Philippines as yet as there's no divorce in the Philippines, also she's still not citizen in Canada the time she divorce you. I doubt you will have problem because it is her who should sue you if you marry another woman but if she herself is already married to another man then there shouldn't be an issue.

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AWV


Reclusion Perpetua
titiapot wrote:Hi Atty.

I am a filipina and just got recently divorced abroad from 5 years Philippine civil marriage The divorce was mutually agreed/consensual in the sense that he threatened my family here abroad if I will contest it. But I have nothing to ask anyway from him. So yes, we got them all done in 6 months. I also got my foreign citizenship. One lawyer from PH advised that the recognition is not possible as it is consensual. But he (my ex-hub) filed the petition and now wants to marry his new filipina girlfriend who he was able to bring here as she has a child from him. I also want to marry again in the Philippines. Being my divorce was consensual would that leave me stuck in this situation preventing me to marry again while he can continue with his life.

Thanks

If he divorce you and NOT you divorce him, The divorced papers should have been submitted to NSO to be recorded and recognised.

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torah


Arresto Menor
totolan1208 wrote:Hi Atty,

I really need your response, please help me.

I am a naturalized Canadian Citizen and been divorced to a Filipina (currently married also in Canada). We did our marriage in the Philippines actually way back 2008. Problem is, I have a partner in the Philippines and try to marry here, should I be bound of the Philippine Law and needs to have a petition of recognition of my foreign divorce as my current nationality is Canada?

I really need your response.

Thank you very much


You really need to file an annulment here in the Philippines since you were married in the Philippines. Such marriage subsist till now and you need to get an annulment before you can re-marry anyone in the Phil. Good luck.

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