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seperation filing

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1 seperation filing on Sat Jan 22, 2011 12:12 pm

taylor1412


Arresto Menor
Greetings and thank you for your advice Sir Atty.

Our marriage took place in the USA and we would like to get a legal seperation in the USA then file that legal seperation in the Philippines. We were not married in the Philippines, though the NSO has recorded the USA marriage. We are both now living in the Philippines.

Questions:

Will the Philippine courts recognize the terms of the foriegn legal seperation just as they do in a divorce?

After the legal seperation will we then able to move on with our lives finacially independently in the Philippines? (assets, home, etc)


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2 Re: seperation filing on Sun Jan 23, 2011 9:36 am

attyLLL


moderator
are any of you (still) Filipino citizens? if not, when did you become foreign citizens?


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3 Re: seperation filing on Sun Jan 23, 2011 4:59 pm

taylor1412


Arresto Menor
One spouse is Phil citizen and one USA national.

We are interested in simply filing our USA seperation in the Philippines for recognition. The USA seperation was initiated by the foriegner.

We are not interested in filing a seperate legal seperation in the Philippines under Philippine law, it is onerous with little benefit.

Thank you again for your help Sir Atty.

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4 Re: seperation filing on Tue Jan 25, 2011 11:29 am

attyLLL


moderator
so this is merely separation and not divorce?

Are there many registered properties in the Philippines such as real property, stocks, cars?

Whether divorce or legal separation, the foreign decree has to be recognized here through a petition. There can be certain workarounds such as issuance of SPAs allowing one of the spouses to transact without the other one.


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5 Re: seperation filing on Tue Jan 25, 2011 12:53 pm

taylor1412


Arresto Menor
Yes, legal seperation only, in the USA there are tax and financial benefits to staying married, additionally a legal seperation provides that assets occuring after seperation are not considered marital property. So legal seperation is a good option in the USA in many cases, especially if no desire to re-marry.

There are some small assets in the Phils but nothing major like real estate, cars only.

If we decided to divorce, under Philippine law the foreign divorce would be recognized by the Philippines per simple court filing. The question is, would the foreign legal seperation be treated the same way as divorce? (a simple filing and recognition of foreign seperation)

I have found only language regarding foreign divorce in Article 23, nothing that talks of seperation.

thanks

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6 Re: seperation filing on Wed Jan 26, 2011 5:07 pm

attyLLL


moderator
i wish it were true that a simple court filing is enough to prove a divorce. you have to prove the existence of the foreign law and the authenticity of the legal document. you will need an expert on the foreign law. it's a court case where the state will appear against you.

if there are no properties in the philippines, then i do not foresee the practical necessity of having the foreign decree of legal separation here. but if you did, then the process for recognition of foreign judgment is still the same.


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7 Re: seperation filing Today at 6:14 pm

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