Divorce

[baby38]

I got married in the phills found out my marriage was a scam,got a divorce in Australia ,my ex wife I believe can get married again in the Phills as as long as she can present the final divorce papers to the court,whats the process before she can get married again.

Also I have now married another Filipino here in Australia,if we went back to the Phills is she considered legally married to me in the Philippines,seeing my ex wife could still be married to me in the Phills.

[Terpe]

baby38

This is how I understand it:-

No matter who has filed for divorce abroad, the foreign spouse of the Filipino national would be legally divorced and free to legally remarry in the Philippines, provided the divorce was granted correctly by the courts of your country.

As a foreign national, you can serve your Filipino spouse with divorce papers.
In most cases, the Philippines recognizes official divorce documents from other countries.
Filing for the divorce would be initiated by you in your home country
Each country may have different regulations before serving papers to your spouse.
You would need to follow strictly the regulations for divorce in your country.

If a Filipino national files for divorce in another country (as the petioner),
his or her divorce will not be recognized in the Philippines.

If a foreign national filed for the divorce and had given the Philippine spouse a registered copy of the final divorce decree, both foreign national and the Philippine spouse can remarry again within the legal boundaries of the Philippines.

Here's the interesting part.
If you have not given your spouse a registered copy of the final divorce decree,
your Filipino spouse must secure an annulment prior to being able to remarry in the
Philippines, even though the foreign nationa is free to remarry in the Philippines.

If I made some mistake or if the regulations have changed, someone will soon let
me know.

[johncar54]

I understood that the Filipino could only have the divorce recognised in RP if he/she was the 'guilty' party and thus was divorced by the spouse.

However, that said, if the marriage was as a result of a scam, then it would seem that the rules governing Annulment (I refer to genuine annulment not the 'pseudo annulment' recognised by the RP Gov) would apply. In which case both parties, have jumped through the necessary legal hops, would be free to marry again even in the catholic church.

[sars_notd_virus]

hello baby38!!
what is your nationality?
you said your marriage in the philippines was a scam??
u obtained a divorce in australia in what grounds? is ur first filipina wife signed a mutual divorce paper when u file it in Australia??
is your marriage in the philippines still in NSO records,..meaning u r still ''married'' with ur first wife under philippine law ?

[baby38]

I am a Australian ,It was common knowledge it was a scam, but hard to get proof, her cousin who married a friend of mine here told me she was already married to a Filipino,however the ex family made threats to her her family living on their land said kick her family of their land.So information stopped
My divorce was granted here that we had been separated more than 12 months, my ex wife came online had papers in her hand saying she would not sign papers unless i gave her 500,000 peso she would burn papers.
I saved the conversation ,contacted my solicitor and gave it to him,He said as long as she received the paper thats the main thing,and of course she got no money.
I have now been divorced for 18 months now,up to 9 months ago, we were still married at the NSO in Manila.
Now this woman is going by another name .

[johncar54]

Baby, This is apparently so confusing, "she was married when you married, but presumably that was not recorded in NSO but now your marriage is recorded in NSO. If she was married when she married you then that was bigamy and thus you did not need a divorce in Australia or anywhere else ...... "

Presumably when you got married the last time in Australia you needed some paperwork to say your wife-to-be was single, and then you registered that marriage with the RP embassy in Australia. All that being so, then I can't see a potential problem in RP: Unless I have missed something !

[baby38]

Yeah its so easy getting a new id in the phills.also it took around 11 to 12 months to get the marriage registered at the nso,even a number emails to the nso about my concerns, the impression I got Nso was not interested in my concerns.
You are properly right I have no concerns, my new wife had to return to the Phills to get her spouse visa,I am certain the Australian embassy in Manila would had checked things out.yes the marriage was registered here at the Filipino embassy here in Australia to my new wife.

[sars_notd_virus]

thank you for the reply baby38

You have to file a Petition for the Recognition of Foreign Judgment of Divorce at the Regional Trial Court for the divorce decree to be annotated on ur NSO marriage contract ..u need an experiencd solicitor to do this, as u said u are in contact of a solicitor already ...so,....

goodluck!!!

[johncar54]

QUOTE: Yeah its so easy getting a new id in the phills

I would be very surprised if that is so. Maybe someone could tell us. I of course don't mean someone just using another name but a new ID, official !

[Terpe]

baby38
EXECUTIVE ORDER NO. 209 THE FAMILY CODE OF THE PHILIPPINES July 6, 1987 states:-
"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 have capacity to remarry under Philippine law.
(As amended by Executive Order No. 209)"

Your question:-
"I got married in the phills found out my marriage was a scam,got a divorce in Australia , my ex wife I believe can get married again in the Phills as as long as she can present the final divorce papers to the court,whats the process before she can get married again."

Yes she is able to remarry.
She just needs to present a registered copy of the decree absolute to the appropriate authorities in order for the records to be noted.

Your question:-
"Also I have now married another Filipino here in Australia,if we went back to the Phills
is she considered legally married to me in the Philippines,seeing my ex wife could still
be married to me in the Phills."

Provided your divorce was correctly and legally obtained, and provided that your recent marriage contract was correctly and legally obtained, then you have no problem anywhere.

sars_notd_virus
Are you sure this is a requirement for an alien (eg Australian national) who was never a former Phils Citizen??
I previously understood this might apply only to former Phil citizens under certain conditions??

[johncar54]

Like many things in life I find it strange, that if a Filipino spouse is behaving in a manner which justifies the spouse divorcing him/her then that person (the guilty one) is free to marry again in RP.

However, if the behaviour of the spouse of a Filipino is acting in a manner which justifies a divorce, and the Filipino brings the divorce action (the innocent one) cannot get married again in RP.


Thus is would seem that a sinner can be forgiven whereas an innocent party cannot !!!!

[malditako]

is she's married before she marry u then ur marriage to her is void...and u can put her to court for bigamy and forgery..sorry to say but thats philippines in reality fabricating papers is so easy as long as u have the money and contacts...even public and offcial ID's...so be very careful, be knowlegdeable and informative before making steps and decisions...

[sars_notd_virus]

sars_notd_virus
Are you sure this is a requirement for an alien (eg Australian national) who was never a former Phils Citizen??

Yes i am sure that they will be needing a Petition for the Recognition of Foreign Judgment of Divorce
to be file at Regional trial court (Philippines)

Obviously the records from NSO shows he is still married to the first filipina.
Now,baby38 needs to have an annotation in his marriage license about his divorce decree and to obtain an annotation u need to have a court order..and u to be able to have a court order you need to file a petition in court .