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Second Marriage in another country

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1 Second Marriage in another country on Sat May 07, 2011 11:56 pm

waway


Arresto Menor
Atty., magandang araw po sa inyo. I have one question with you regarding my case. I was married here in the philippines. I went abroad. My wife, who was in the PI, got involved with another man. After all the hassles and settled amicably, they are now living together. But our marriage wasn't nullified nor dissolved.

After working here in Europe long enough, I now hold a european citizenship. I denounced my philippine citizenship and passport. Technically, I'm now european.

At present, I'm living with a lovely european lady. I told her about my past that I was and still married in the philippines.

My question to you, atty if I may, if I marry my european girlfriend here in Europe, what are the legal consequencies of my action in the philippines of marrying another european in Europe. Would that consider a bigamy on my part, as I denounce my philippine passport/ citizenship?

Maraming salamat po. More power sa website na ito. At malaking tulong ito sa tulad naming walang alam sa mga intricacies ng ating batas sa Pinas.

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2 Re: Second Marriage in another country on Sun May 08, 2011 10:17 am

attyLLL


moderator
After working here in Europe long enough, I now hold a european citizenship. I denounced my philippine citizenship and passport. Technically, I'm now european.

let us be clear, you are already a foreign citizen? you now hold a non-Filipino passport?

If so, you are entitled to all the privileges of your new nationality. you should first initiate divorce proceedings (assuming your new country allows it). also after receiving the divorce decree, file a report of divorce at the philippine embassy.

now this is the part where it gets a bit tricky. in a recent case, the supreme court said that you have to file a petition in the philippines to have your divorce recognized and annotated on the marriage contract. but at the same time, the foreign spouse who is now divorced only needs a certificate from his embassy that he is capacitated to marry so he can have a wedding in the philippines.

that said, in my opinion, what is most important is that you have a valid divorce first, and the report to the philippine embassy before you get married. to my mind it is not necessary to have a judicial recognition of your divorce before you can get married.


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3 Re: Second Marriage in another country on Thu May 12, 2011 9:12 pm

waway


Arresto Menor
1)let us be clear, you are already a foreign citizen? you now hold a non-Filipino passport?

2)that said, in my opinion, what is most important is that you have a valid divorce first, and the report to the philippine embassy before you get married. to my mind it is not necessary to have a judicial recognition of your divorce before you can get married.

1) Yes. I now hold a european passport and a citizen of this country.


2) Provided I did what you've adviced me to do( see above quote). Would there be a case of bigamy on me if my filipino wife found out about my marriage here in europe? Just for monetary gain on her part.

Maraming salamat again, Atty.

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4 Re: Second Marriage in another country on Thu May 12, 2011 11:22 pm

attyLLL


moderator
if you want to be absolutely sure then I would recommend that you have your divorce recognized first.

whether bigamy was committed if you have a wedding there remains to be under debate. the majority opinion is that there is no criminal liability because the wedding was conducted outside of philippine territory. the other opinion is that bigamy can still prosper because marriage has effect in philippine territory, and it's not just the wedding.


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5 Re: Second Marriage in another country on Fri May 13, 2011 6:47 am

waway


Arresto Menor
attyLLL wrote:if you want to be absolutely sure then I would recommend that you have your divorce recognized first.

Atty, 1)under whose authority should my divorce be recognized? Philippines has no divorce.

2)Will the Philippine authority acknowledge and recognize my divorce made from a foreign country?

Thanks for your time.

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6 Re: Second Marriage in another country on Fri May 13, 2011 10:07 am

attyLLL


moderator
as long as the country of your nationality allows divorce, the Philippines will recognize your divorce after it has been proven in court.


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7 Re: Second Marriage in another country on Fri May 13, 2011 6:54 pm

waway


Arresto Menor
Maraming salamat, Atty...Hope this won't be the last time getting legal advise from you. Sana hindi ka magsawang magshare ng inyong karunungan sa tulad naming mga mangmang sa batas ng Pilipinas. Mabuhay po kayo.

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