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divorce/annulment/legal separation

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1 divorce/annulment/legal separation on Tue Oct 11, 2016 10:36 pm

daniel joaquin


Arresto Menor
good day po.

pa advice naman po. my wife and i were married since 2003, we have 2 kids, 2013 i went here to Canada and then i became a permanent resident November 2015, and then kinuha ko na po ang family ko by January 2016 as immigrant. now po we're living together for 10 months, but we are always arguing and our marriage is not doing good na, so we decided to get divorce/annulment, but we are married in the Philippines. what can we do para makapag file kami ng annulment in the Philippines or divorce here. or any legal ways para mapawalang bisa na aming kasal.

any advice are greatly appreciated po.

thanks.

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2 Re: divorce/annulment/legal separation on Wed Oct 19, 2016 6:51 am

torah


Arresto Menor
you need to file still annulment here in the Philippines. Because you were married here and for intents and purposes, in so far as the law of the Philippines is concern you are still validly married here. Thus, you cannot in the future marry anyone here in the Philippines.

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3 Re: divorce/annulment/legal separation on Wed Oct 19, 2016 6:53 am

torah


Arresto Menor
you may also seek divorce there in Canada. But remember such divorce will not be binding here in the Philippines.

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4 Re: divorce/annulment/legal separation on Wed Oct 19, 2016 12:03 pm

thepoetsedge


Reclusion Perpetua
To add on Torah's comments, a divorce obtained in Canada may be recognized by our courts after filing a petition for judicial acknowledgement of said divorce decree and after careful scrutiny by the family court judge. A physical copy of both the divorce decree and the Canadian laws that were followed are usually requirements for proving its validity on our courts.

You may want to secure the services of a Family Lawyer that specializes in such for your divorce decree to be recognized here in the Philippines.

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5 Re: divorce/annulment/legal separation on Fri Oct 21, 2016 5:11 am

mr.michael


Arresto Menor
I hear in a lawyer in youtube that you can file divorced outside country but like what "thepoetsedge" say you need to file "petition for judicial acknowledgement of foreign divorce" but it take time than filing annulment

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6 Re: divorce/annulment/legal separation on Fri Oct 21, 2016 7:54 am

payoneer


Arresto Menor
Guys, shouldn't he be a Canadian Citizen first before he can apply for divorce there in Canada? I'm not sure of the immigration/citizenship laws there in Canada, but there have been former Filipino citizens that I personally know of who went this route - become a foreigner, get a divorce, have it recognized here. They say its easier than getting an annulment here in the Phils.

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