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Please spare me a bit of legal advice

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1 Please spare me a bit of legal advice on Sun Jan 03, 2016 11:52 pm

Ma.Fatima Gan


Arresto Menor
I need help. I'm currently working and living abroad for 12 years now, separated from legal husband for almost eleven years. Have heard that he's going to have a church wedding soon, for the purpose of obtaining a spouse sponsorship by the 2nd wife to be who immigrated and currently works in Canada. She now is in the Philippines for the wedding. My ex husband and I never filed for an annulment of marriage for finance reasons. Yet, he's getting married again, just wondering how would it even be possible? I have been longing to be annulled and freed from my marriage for a long time, but annulment in the Philippines is too pricey and an inconvenience to my present situation (I have a very demanding job, and to be honest, I can't afford an annulment for now). I need legal advice. I'm worried too that if he's able to leave the country, I'm going to get stuck with his name attached to mine forever and all my properties if any would remain conjugal.

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2 Re: Please spare me a bit of legal advice on Mon Jan 04, 2016 1:25 pm

de_facto


Arresto Menor
Your husband's marriage with the other woman should be void unless your husband changed his citizenship to Canadian and obtained a divorce with you in accordance with Canadian laws. Unfortunately, based on your narration, this is not the case.

Yes, you will be stuck with his last name attached to yours forever and all your properties will be part of Absolute Community of Property (unless you executed a pre-nuptial agreement) if you do not do anything about it.

Luckily, judging from your story, i believe there is ground to file for legal separation. Legal separation will have the effect of settling the property relations between you and your husband, among others. Also, if your husband manages to acquire Canadian Citizenship, he may obtain a divorce to free the both of you from your previous marriage, that is, if Canadian law allows divorce. In this scenario, your husband may expose himself to civil, administrative and criminal liability.

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3 Re: Please spare me a bit of legal advice on Mon Jan 04, 2016 3:28 pm

Ma.Fatima Gan


Arresto Menor
Thanks for your prompt reply. I appreciate it. The thing is, he would only acquire a Canadian citizenship once he leaves the country with spouse visa (2nd marriage), which I think is void. How could the Philippine government and the Canadian Embassy allow such fraud? Apart from all these,I am thinking of suing them of "Bigamy" after the wedding, to help in the filing of legal separation or annulment. Enlighten me, please. Thanks

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4 Re: Please spare me a bit of legal advice on Mon Jan 04, 2016 3:51 pm

de_facto


Arresto Menor
In the first place, your husband and the other woman will not be able to obtain a marriage license since there is clearly an impediment for the both of them to marry each other (case in point, your husband's marriage to you). If by any extralegal means they manage to acquire a marriage license (or execute an affidavit that they have been living together for five years with no legal impediment, etc.), your husband and the other woman will expose themselves to criminal liability.

If these two folks manage to get married and actually live together as husband and wife, your husband shall be liable for the crime of Bigamy. If the other woman actually knew beforehand that your husband is still married to you, the woman could then be criminally liable for adultery.

You have a very good shot if you will opt to pursue legal separation. As for annulment, it would be a different story.

I could give you a legal strategy, but since I am not your lawyer, I'm afraid I cannot give you detailed professional advice.

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5 Re: Please spare me a bit of legal advice on Tue Jan 05, 2016 12:12 am

Ma.Fatima Gan


Arresto Menor
I appreciate your response.

Please let me know how and all the details concerning professional service as my legal attorney.

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6 Re: Please spare me a bit of legal advice on Tue Jan 05, 2016 11:21 am

de_facto


Arresto Menor
Please e-mail me at lmrl.legal@gmail.com so we can discuss your case. Thank you.

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7 Re: Please spare me a bit of legal advice on Wed Jan 06, 2016 1:03 am

Catgabriel04


Arresto Menor

Hi! Good day! Kinasal po kami ng asawa ko sa philippine embassy abu dhabi uae noong Sep. 27, 2007 dahil po sa di pagkakasundo naghiwalay na po kami pagkatapos namin magpakasal, nagkaanak po ako sa bf ko noon 2009 after that nagfile po sya ng annulment, andito na po ako sa US at me 2 na akong anak sa bf kong nasa pinas. Gusto ko po sanang malaman kung anong mabuting gawin since na matagal na kaming hiwalay at gusto ko po sanang magpakasal dito sa US nabasa ko po sa net:

If you’re separated from your spouse for 4 years, is that a sufficient ground for annulment?

No. De facto separation is not a ground for annulment. It doesn’t matter if the spouses lived apart or did not see each other for 2, 10, 20 or more years. However, the absence of 2 or 4 years, depending on the circumstances, may be enough to ask the court for a declaration of presumptive death of the “absent spouse”, in which case the petitioner may re-marry again.

Please advise me po.

Thanks

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