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recognition of divorce abroad final, but MC not yet annotated

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mas


Arresto Menor
Just want to get your advise/opinion.

What if the Recognition of Divorce Abroad was already finalized and recognized by the RTC.. the only thing is I am still waiting for the NSO to finish annotating my Marriage license... during this process of waiting, if I get married again here in the Philippines... will it have an affect in my marriage? will this make my marriage void?

Please advise.

Thank you

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attyLLL


moderator
i'd say that is a risky move, but you should ask your lawyer


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mas


Arresto Menor
AttyLLL,

Just to clarify, they said that in order for a divorce abroad to be recognized in the Philippine court, it should be the foreigner to file the divorce.

In my case, we are both US citizen (both foreigners)when we filed the divorce and received the final decree in Nevada, USA. It is showing in our papers that it was my ex-husband and I are the petitioners.

I just have to have this divorce recognized in the Philippine court to be able to re-marry, because after few months after having that divorce, I went back to Manila and re-acquired my dual citizenship.

Any thoughts on this? I'm afraid they will not recognized my divorce abroad.

Please advise.

Thank you.

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AWV


Reclusion Perpetua
mas wrote:AttyLLL,

Just to clarify, they said that in order for a divorce abroad to be recognized in the Philippine court, it should be the foreigner to file the divorce. Correct!

In my case, we are both US citizen (both foreigners)when we filed the divorce and received the final decree in Nevada, USA. It is showing in our papers that it was my ex-husband and I are the petitioners.
Therefore, no problem!

I just have to have this divorce recognized in the Philippine court to be able to re-marry, because after few months after having that divorce, I went back to Manila and re-acquired my dual citizenship.

this is where your mistake is by reacquiring your dual citizenship!

Any thoughts on this? I'm afraid they will not recognized my divorce abroad.
Your divorce is recognisable anywhere else but not Philippines. So don't get re-marry in Philippines if this is your problem. You only need to declare you US Citizenship if it is outside the Philippines.

Please advise.

Thank you.

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mas


Arresto Menor
Dear AWV,

Are you saying there is no chance that my divorce will be recognized here in the Philippines and that I can't re-marry here???

I can't afford to go abroad and get married outside the Philippines. What if I renounce my Filipino citizenship? Can I re-marry in the Philippines then?

Please enlighten me.

Thank you.

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AWV


Reclusion Perpetua
mas wrote:Dear AWV,

Are you saying there is no chance that my divorce will be recognized here in the Philippines and that I can't re-marry here???

Eventually, but if you remarry before your divorce has been acknowledge under Philippine jurisdiction, you can be liable for bigamy if you remarry inside the Philippines.

I can't afford to go abroad and get married outside the Philippines.
What if I renounce my Filipino citizenship? Can I re-marry in the Philippines then?

Possible! as being a US Citizen and your divorced is granted in the US you are then considered US citizen, you are not under Philippine jurisdiction anymore.

You just have to be aware of the technicality before you obtain the dual Citizenship, you should have realise you are entering Philippine jurisdictions again. here's how to renounce
http://www.ehow.com/how_8522086_renounce-filipino-citizenship.html


Please enlighten me.

Thank you.

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mas


Arresto Menor
Dear AWV,

Thank you for your response. I will definitely wait for my divorce to be recognized before getting married.

I will keep you posted.

Sincerely,

MAS

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