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Please help, need immediate advice.

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1 Please help, need immediate advice. on Tue May 27, 2014 11:58 pm


Arresto Menor
So here's the situation, my fiance was previously married in Japan and got a divorce many years back. The divorce if official in Japan (she has all the documentation) but she never annulled the marriage in the Philippines (I believe she has the right to as it was her ex-husband who initiated the divorce) as she never expected to remarry. I met her 5 years ago, shortly after I received orders to be stationed here in Yokosuka. We're interested in marriage but found out it could take significant time (and money) to file for and complete an annulment in the Philippines. I know that a number of states/territories in the U.S. require limited documentation from both parties and require only one participant to be a U.S. citizen. Ultimately we would like to reside in Japan with me obtaining my spousal visa under her permanent residency. So now my question, is it possible to marry in the U.S. and get that marriage certificate converted to a Japanese document so as to obtain my spousal visa without involving the Philippine Embassy? (note: I do understand that in order for us to retire in the Philippines we would need to get that annulment taken care of.)

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2 Re: Please help, need immediate advice. on Wed May 28, 2014 5:00 am


Reclusion Perpetua
True! If her Japanese husband initiated the divorce she definitely has right to get married again, but she needs to have her divorced recognised under the Philippine law before she can get married again. Simply because she will need a CENOMAR (Certificate of No Marriage) before she can marry you!

On the other hand, I believe married abroad, it is only the man they verify the singleness not the woman especially if you are marrying her under American law at the Embassy. They only require 2 weeks verifications of your documents authenticity. Good luck!

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3 Re: Please help, need immediate advice. on Wed May 28, 2014 5:13 am


Reclusion Perpetua
Check this out!

When the divorce is obtained by an alien spouse against a Filipino
The second paragraph of Article 26 of the Family Code states:
“Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law.”

We must make a clear distinction here.

[1] If it is the Filipino spouse who initiates or files the divorce action against the alien spouse, the subsequent divorce will not be recognized here in the Philippines. If that Filipino gets married here again, he or she will be liable for bigamy.

[2] However, if it is the alien spouse who initiates or files the divorce action, Article 26 of the Family Code will apply. The divorce will be recognized here in the Philippines; if the said divorce allows the former alien spouse to remarry, the Filipino will also have the right to remarry under Philippine law. That is, after the foreign divorce decree is recognized by a Philippine court; more on this below.

How do you know who filed or initiated the divorce proceedings?

I have come across some forums where the question has been asked as to how do you know who filed or initiated the divorce proceedings? Well, if you look at the divorce papers, the term “complainant” or “petitioner” refers to the person who filed or initiated the case. The term “defendant” or “respondent” refers to the person against whom the petition was filed.

What about consensual or mutual agreement divorces?

I have been told that in some countries like Japan and Korea, the alien spouse and the Filipino spouse can simply go through an administrative process where they can get divorced in less than a day. According to a Wikipedia article, 90% of divorces in Japan are by mutual consent (the term is “kyogi rikon”).

This kind of mutual consent or agreement divorce is not recognized here in the Philippines. Article 26 of the Family Code contemplates a situation where the divorce is filed by the alien spouse against the “unwilling” or “innocent” Filipino spouse.

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