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complicated marriage and children surnames

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1 complicated marriage and children surnames on Thu Feb 24, 2011 12:54 pm

clarisa


Arresto Menor
presently I and my ex huband were residing in canada below are the summarized of things that makes me confused/ worry
1.i got married with him 2002 and i found out that he has a previous marriage before me.
2.I have 3 children with him. the 1st and 2nd born b4 2002 and till now they were stll using my surname w/o midde name
3.i divorced my husband here in canada childrens custody are under my name.
4. soon i am going to petition my children,and needs to gather all legal documents.
PROBLEMS:
I AM VERY CONFUSED AND WORRIED ABOUT, 1.what are the steps should i need to do in able not to have problems on my in-coming applications for bringing them here in canada. i am worried about their surnames.
2.Is it okay if i would not change their surnames (just based on their BC) though that we got married 2002?.and if really requires to change their surnames and no middle initial what would applies on their case? does revilla law?
3.are my childrens are legitimate or illegiimate?
thank you very much for your kind and
quick response

I got married with him 2002 and found out that his previous marriage was registered though he said that he got married at the age of 18(now he is 34)all through the years he did not do any action to void the marriage . At the present, I filed a divorce already here in canada.
1. What i should need to do or the steps in able to null and void our marriage.
2.can you possibly give atleast a draft how much it will cost bec. someone mentioned that i will spend so much money on it.
3.Is it possible that i can use again my surname instead of his?

thank you very much
clarisa



Clarisa



Last edited by attyLLL on Thu Feb 24, 2011 7:17 pm; edited 2 times in total (Reason for editing : add some more questions)

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attyLLL


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were you a canadian citizen when you acquired the divorce?


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clarisa


Arresto Menor
i am not yet canadian citizen but soon i am applying for it(change of status), therefore if we're going to file we supposed to write the list of our family member that we will going to sponsor, but we doesnt want to write down we need supporting or legal documents,(like divorce) since When i applied here i am married.My only concern are about my children legal doc. what should i need to do and what surnames they supposed to use?

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attyLLL


moderator
i ask about the divorce because under Philippne law, you are still married.

while your marriage appears to be void for being bigamous, a case has to be filed in Philippine court to declare it null. Until one is issued, your marriage will be considered valid under philippine law.

consequently, as of now, your children should still use the names on their birth certificates.

if you filed a case to annul your marriage due to bigamy, then their names will be changed, although you are also correct that their father can issue an authority to use surname of the father.

i recommend you inquire with a canadian lawyer which should be better.


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