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foreign divorced recognition

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1 foreign divorced recognition on Fri Oct 11, 2013 1:27 am

luv_pinoy


Arresto Menor
need help so confused about foreign divorce recognition in the philippines , following are our situations :
 
1. I was previously filipino and got married 18 years ago in pinas.
2. Whole family Migrated to Canada in 2005 and family became Canadian Citizenship in 2009. Note: did not apply for dual citizenhip.
3. We ( ex wife and myself - both canadian citizen since 2009 ) got divorced 2012.
4. I now intend to remarry in pinas and my pinay fiancee was told to have my foreign divorced recognized in RTC court. note : I obtained capacity to remarry from Canada Embassy and brougt with me my divorced original certificate issued in Canada.
5. To avoid any issue , I hired a lawyer and filed a petition  for recognition of foreign divorced last july, still waiting for result.
6. While reading some of the forum it appears like I can remarry because I am considered alien and not govern by pinas law.
7. Atty please clarify , can I remarry and get my marriage registered with NSO , so I can apply my fiancee to join me in CA.
thank you po

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2 Re: foreign divorced recognition on Wed Oct 16, 2013 7:59 pm

attyLLL


moderator
imo, the cert of legal capacity should be enough, but you are taking the safest route. the risk is someone will file a complaint for bigamy


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3 Re: foreign divorced recognition on Thu Oct 17, 2013 2:09 am

AWV


Reclusion Perpetua
But the point here is, he and his ex-wife are now both Canadian citizen and she can no longer sue him for bigamy due to a reason they are now divorced and does not hold dual citizenship. They have both lost their rights under Philippines jurisdiction. Philippines law has got nothing to do with them anymore in this matter.

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4 Re: foreign divorced recognition on Mon Oct 28, 2013 11:53 am

jonjon


Arresto Menor
Good Day PO,
I have the same situation po, gusto ko lang din po makasiguro. Ako po at ang ex-husband ko ay dati ring filipino citizen nong kami ay makasal sa pilipinas and then got divorced last month na kami ay parihong US Citizen na. I got my divorced decree last month and now planning to remarry someone in the Philippines on January 2014. My fiance was trying to get a reservation sa church pero marami po silang hinahanap gaya ng CENOMAR. Ang mga katanungan ko po ay:
1. Bukod po sa Legal Capacity to marry na makukuha sa US embassy, kinakailangan po ba na mag file a ako ng petition to recogniz my divorced decree? gayong ako naman po ay isang US citizen na.
2. Kailangan ko pa bang mag punta ng NSO para kumuha ng CENOMAR gayong alam ko naman na akoy nakasal na?
3. HIndi po ba ito makakaapekto sa pag petition ko sa magiging asawa ko kung sakaling kami ay magpakasal ng hindi recognized and divorced ko sa Philippine goverment?
Salamat po sa tulong

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5 Re: foreign divorced recognition on Mon Oct 28, 2013 6:35 pm

arkie


Arresto Menor
In my humble opinion,your national (US) law should now govern your status and legal capacity to contract marriage. Therefore, the capacity to marry issued by the embassy will suffice. Give emphasis on your being a US citizen once you make transactions with the LCR and the Church so they will no longer ask for unnecessary documents.

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6 Re: foreign divorced recognition on Tue Oct 29, 2013 8:08 pm

attyLLL


moderator
jonjon, the divorce can be recognized if the one who filed it was already a US citizen at the time it was filed.

If you want to be safe, have it recognized in court first.

not absolutely safe, get married outside PH


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7 Re: foreign divorced recognition on Sat Nov 02, 2013 2:15 pm

AWV


Reclusion Perpetua
1. Bukod po sa Legal Capacity to marry na makukuha sa US embassy, kinakailangan po ba na mag file a ako ng petition to recogniz my divorced decree? gayong ako naman po ay isang US citizen na.

This depends if you have dual nationality. If you are just US citizen, Philippine law has got nothing to do with you anymore.

2. Kailangan ko pa bang mag punta ng NSO para kumuha ng CENOMAR gayong alam ko naman na akoy nakasal na?

Just present your Divorce paper from US on the wedding day instead of CENOMAR.

3. HIndi po ba ito makakaapekto sa pag petition ko sa magiging asawa ko kung sakaling kami ay magpakasal ng hindi recognized and divorced ko sa Philippine goverment?

It should not affect your petition if you are just US subject.

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