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divorce, remarriage in south

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1 divorce, remarriage in south on Mon Jul 04, 2011 3:19 pm

sgcenter


Arresto Menor
- filipina was married in the Philippines to a Korean and they got divorced here in korea 3 years ago.
-the filipina met another korean guy and they decided to get married so they asked a broker in the philippines to arrange the divorce papers.
-the broker faked the documents and sent the filipina her fake legal capacity to marry here in korea.
-the filipina brought the documents to the embassy of the phils in korea and they got married at the said embassy and had their marriage registered at a city hall in korea.
-later they inquired at the NSO and found out that her first marriage is, ofcourse, still existent.
-so they hired a lawyer to do the job, explaining they need everything done including the registration at the NSO, so the 2nd husband becomes the filipinas legal husband.
-the lawyer in turn asked about 50K and said it wud take 3 months to process. but it took a year and then the lawyer they hired just gave the documents to the filipinas mom.
-the documents are the supposed to be recognized Petition for the Recognition of a Foreign Judgment of Divorce, i suppose but im not sure since i didnt see the documents itself, but from what she was saying i think it is the petition.
-but the lawyer said its all he cud do and refused to finish the NSO job.
-since the filipina can't go to the phils, and her mother holds her documents, what shud her mother do now, so her past marriage gets recognized by the NSO as divorced? and in doing so cud she also have her 2nd marriage registered?

this is a mess i know but would really appreciate your help.

thanks!


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2 Re: divorce, remarriage in south on Mon Jul 04, 2011 4:46 pm

lOst_StuDent


Prision Correccional
Who filed for the divorce, Filipina or the foreign spouse?
What is the document with the mother, the petition or court decision?

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3 Re: divorce, remarriage in south on Tue Jul 05, 2011 10:17 am

sgcenter


Arresto Menor
lOst_StuDent wrote:Who filed for the divorce, Filipina or the foreign spouse?
What is the document with the mother, the petition or court decision?

the divorce was filed by the husband. clean and clear na ang divorce in korea.

i think the mom has the court decision already.

thanks!

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4 Re: divorce, remarriage in south on Tue Jul 05, 2011 10:43 am

lOst_StuDent


Prision Correccional
so the only problem is to take the court decision to the NSO and have it recorded there.

there is an irregularity in the second marriage, but in my opinion it is valid. of course, i'm assuming that there was a marriage license.

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5 Re: divorce, remarriage in south on Tue Jul 05, 2011 5:08 pm

attyLLL


moderator
yup, it's a mess all right.

this is now an evidentiary, not a legal issue. to prove the divorce, the lawyer will require properly authenticated copies of the divorce decree and the law in korea allowing divorce, and an official translation. He will also need an expert witness here knowledgeable on Korean law.


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