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MARRIED IN THE PHILIPPINES BUT DIVORCE IN CANADA

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Hasselblad


Arresto Menor
Hi, Good day... My name is Aaron, I’m from Philippines but now I am working here in Saudi Arabia as a OFW.
I just want to ask about my marriage, because me and my x-wife is separated a long time ago
Since year 2001, Now she’s live in Canada together with my son.
Last two years ago she files divorce in Canada, to divorce me and she get married there.
I know there is no divorce in the Philippines and they don’t want to recognized it.
Now I have a Girlfriend a Japanese national.
Until one day, one of my friend told me to visit Hong Kong and get married from there because in Hong Kong they recognized Divorce from another country.
Even I am married in the Philippines my wife already divorces me in Canada and my Girlfriend is not a Filipina, can someone answer my Question? it is possible?
I just want to know because until now the divorce bill in the Philippines is not yet approved and Annulment it’s too expensive.
Please help me... Thank you so much

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c_lloyd

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Arresto Menor
insofar as the Philippine Laws is concerned, you and your ex-wife is still married. But you could actually have your ex-wife's Divorce Decree recognized here in the Philippines, provided: 1. Your wife is a foreigner 2. She filed the Divorce herself 3. A Petition for Recognition of said Divorce Decree is filed in the Philippines courts and 4. A judgement is issued recognizing the same. Until said judgment, contracting a subsequent marriage will only expose you to bigamy. In Filing said recognition, I suggest you go to a lawyer.

From your narration,however, it appears that you are planning to contract marriage abroad. Because of this, we should consider the territorial limitations and characteristics of our laws. Phil. laws are territorial in nature, meaning it penalizes those acts defined as criminal acts committed within the Philippine territory. Crimes or felonies committed even by Filipinos outside of the Philippines do not come within the ambit of our criminal laws. Thus, contracting subsequent marriage abroad may not be prosecuted or tried in the Philippines, having been done outside of our country’s jurisdiction.

But I have to take note however, that if you your Divorce Decree with your ex wife is not recognized in our Philippine laws and you go back here in the Philippines with your 2nd wife and live as husband and wife, you may be liable for concubinage since it is illegal for a married man to cohabit with a woman not his wife as husband and wife in the Philippines. so that, If you want to live here in the Philippines as husband and wife with your 2nd wife, it is safe to have your ex-wife's Divorce Decree recognized here under our laws.

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Hasselblad


Arresto Menor
Thank you so much sir c_lloyd Smile

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