A Discussion on the Grounds for Legal Anulment

[francesca]

Pete, good, you visit Paris again and can practice your Bonjour et Merci, Au Revoir, haha. Your Paris trip must be a continuance of a never ending honeymoon!
Got something here about the topic:

http://philsfamilyjurisprudence.blogspot.com/

It is a story of both filipino married in phils, then the wife went to US, filed a divorce, marry a US citizen, become US citizen,but do not free the poor filipino husband to remarry.

According to Article 26, paragraph 2 of the Family Code of the Philippines –Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall likewise have capacity to remarry under Philippine law.

Court decision says:

By its plain and literal interpretation, the said provision cannot be applied to the case of respondent Crasus and his wife Fely because at the time Fely obtained her divorce, she was still a Filipino citizen. Although the exact date was not established, Fely herself admitted in her Answer filed before the RTC that she obtained a divorce from respondent Crasus sometime after she left for the United States in 1984, after which she married her American husband in 1985. In the same Answer, she alleged that she had been an American citizen since 1988. At the time she filed for divorce, Fely was still a Filipino citizen, and pursuant to the nationality principle embodied in Article 15 of the Civil Code of the Philippines, she was still bound by Philippine laws on family rights and duties, status, condition, and legal capacity, even when she was already living abroad. Philippine laws, then and even until now, do not allow and recognize divorce between Filipino spouses. Thus, Fely could not have validly obtained a divorce from respondent Crasus.


I think, amy perez can file a divorce and remarry, but not free her husband for any divorce amy perez filed. Same with Zsa Zsa, as they are both STILL FILIPINO, when they file their annulment. Dont know if I am correct here, hehe.


To summarize,(I think ) its better to wait new citizenship before filing divorce/annulment isnt it? hehehe!

[ginapeterb]

Oui Madame, as usual you are right !, that person was still Filipino, but tried to get around Philippine family code, as they were Filipino citizen at time of divorce petition in U.S.A. it was not recognized in Phils.

And yes, it was great practicing my Francais yet again !, its the old story, when in Paris do as the Parisiennes do ! its amazing how much your school French comes back to you the minute you step back into France, hehehehehehehe, but yes I enjoyed getting back into the French language, thanks for that.

[pinay4uk]

Pete, good, you visit Paris again and can practice your Bonjour et Merci, Au Revoir, haha. Your Paris trip must be a continuance of a never ending honeymoon!
Got something here about the topic:

http://philsfamilyjurisprudence.blogspot.com/

It is a story of both filipino married in phils, then the wife went to US, filed a divorce, marry a US citizen, become US citizen,but do not free the poor filipino husband to remarry.

According to Article 26, paragraph 2 of the Family Code of the Philippines –Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall likewise have capacity to remarry under Philippine law.

Court decision says:

By its plain and literal interpretation, the said provision cannot be applied to the case of respondent Crasus and his wife Fely because at the time Fely obtained her divorce, she was still a Filipino citizen. Although the exact date was not established, Fely herself admitted in her Answer filed before the RTC that she obtained a divorce from respondent Crasus sometime after she left for the United States in 1984, after which she married her American husband in 1985. In the same Answer, she alleged that she had been an American citizen since 1988. At the time she filed for divorce, Fely was still a Filipino citizen, and pursuant to the nationality principle embodied in Article 15 of the Civil Code of the Philippines, she was still bound by Philippine laws on family rights and duties, status, condition, and legal capacity, even when she was already living abroad. Philippine laws, then and even until now, do not allow and recognize divorce between Filipino spouses. Thus, Fely could not have validly obtained a divorce from respondent Crasus.


I think, amy perez can file a divorce and remarry, but not free her husband for any divorce amy perez filed. Same with Zsa Zsa, as they are both STILL FILIPINO, when they file their annulment. Dont know if I am correct here, hehe.


To summarize,(I think ) its better to wait new citizenship before filing divorce/annulment isnt it? hehehe!

Hi! I would just like to know if such a case that a Filipina can go to US and get married there without annulling her marriage here, will that work in UK too? I mean as far as I know once married here and will get married there in UK without annulling her marriage here even was able to get divorce there, such a Filipina involved will still have problem since once she applied for a spousal visa she has to show CENOMAR or show evidence of nullity of marriage here right?or will the divorce she filed there will be ok? i am just confused....

[sars_notd_virus]

Hi! I would just like to know if such a case that a Filipina can go to US and get married there without annulling her marriage here, will that work in UK too?.

No , you need to have Decision and Finality of Annulment before you marry in the US or the UK.
Once you got the Decision/Finality of annulment papers it will be annotated on your NSO Marriage certificate , this documents is very important to show any embassy that the previous marriage is nulled and void,...the previous marriage will still appear in the NSO if applied Cenomar but the annotated copy will support the documents and is free to marry again.