Please spare me a bit of legal advice
1 Please spare me a bit of legal advice on Sun Jan 03, 2016 11:52 pm
2 Re: Please spare me a bit of legal advice on Mon Jan 04, 2016 1:25 pm
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.
3 Re: Please spare me a bit of legal advice on Mon Jan 04, 2016 3:28 pm
4 Re: Please spare me a bit of legal advice on Mon Jan 04, 2016 3:51 pm
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.
7 Re: Please spare me a bit of legal advice on Wed Jan 06, 2016 1:03 am
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.
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