Philippines=recognition of Divorce Decree

[Matt & Freche 2]

Heres a Question im curious about?/ I am filing a K-1 visa app. for my fiancee in philippines. I was once married in the philippines & my now X-wife became a US Citizen. We later divorced here in USA. Legal & recorded divorce. Mt Fiancee wishes that when we return to the phls in a few years to be legally married there also. I also wish the same - yet as my origional marriage is recorded there - How/ what paoers are needed / available to me here on net in usa to get this marriage anulled in the Philippines ? Im told it may be something called =Recognition of divorce Decree" in the Philippines. I cannot locate any info on this and hope someone here has been thru this same process before ?? Thank 's to all.

[C-ma'am 684]

**Post moved from K1 to Philippines; as this question may be best addressed in this part of the forum.

[Hank_ 9,174]

Heres a Question im curious about?/ I am filing a K-1 visa app. for my fiancee in philippines. I was once married in the philippines & my now X-wife became a US Citizen. We later divorced here in USA. Legal & recorded divorce. Mt Fiancee wishes that when we return to the phls in a few years to be legally married there also. I also wish the same - yet as my origional marriage is recorded there - How/ what paoers are needed / available to me here on net in usa to get this marriage anulled in the Philippines ? Im told it may be something called =Recognition of divorce Decree" in the Philippines. I cannot locate any info on this and hope someone here has been thru this same process before ?? Thank 's to all.

You will be legally married in the USA which means you are legally married around the world, so the 2nd wedding will be a renewal of vows only, not an actual marriage ceremony for which there is no paperwork to complete, just - DO IT.

[Tahoma 2,292]

You will be legally married in the USA which means you are legally married around the world, so the 2nd wedding will be a renewal of vows only, not an actual marriage ceremony for which there is no paperwork to complete, just - DO IT.

:thumbs:

[hellINTIM 9]

hmmm i didnt know that.

Edited November 17, 2012 by .MythaG-

[ca_babe 129]

Not sure if this applies to you, check this out.

http://jlp-law.com/blog/judicial-recognition-of-a-foreign-divorce-decree/

If there’s already a divorce validly secured abroad (by the foreigner-spouse or the Filipino spouse who became a foreign citizen, losing his/her Filipino citizenship in the process), can the Filipino spouse immediately remarry?

No. The existence of a valid divorce decree, however, does not automatically entitle the Filipino to remarry in the Philippines. The foreign divorce decree must be judicially recognized in the Philippines. This means that the proper action or petition must be filed in a Philippine court. For purposes of re-marriage, the divorce validly secured abroad is not automatically recognized here in the Philippines.

Isn’t it enough that I already forwarded the divorce decree to the Philippine Embassy (or the Department of Foreign Affairs) and the National Statistics Office (NSO)?

No. The foreign divorce decree must be recognized here in the Philippines; a process which may only be done through the courts.

Why should we waste money in filing a petition in court for the recognition of the divorce decree?

This is the requirement of law, unfortunately. The divorce decree must be proven, just like any fact, in court. The presentation of the divorce decree is insufficient. Proof of its authenticity and due execution must be presented. This necessarily entails proving the applicable laws of the jurisdiction where the foreigner-spouse (who could be a former Filipino) is a national. One of the requirements under Article 26 is that the decree of divorce must be valid according to the national law of the foreigner.

[Artisan 138]

One thing to remember too is that the courts may not recognize a divorce that was initiated by the Filipino. There have been many cases where, though there was a valid divorce decree, the Filipina was blocked from remarrying until an annulment could be obtained.

[Hank_ 9,174]

Not sure if this applies to you, check this out.

http://jlp-law.com/b...divorce-decree/

If there's already a divorce validly secured abroad (by the foreigner-spouse or the Filipino spouse who became a foreign citizen, losing his/her Filipino citizenship in the process), can the Filipino spouse immediately remarry?

No. The existence of a valid divorce decree, however, does not automatically entitle the Filipino to remarry in the Philippines. The foreign divorce decree must be judicially recognized in the Philippines. This means that the proper action or petition must be filed in a Philippine court. For purposes of re-marriage, the divorce validly secured abroad is not automatically recognized here in the Philippines.

Isn't it enough that I already forwarded the divorce decree to the Philippine Embassy (or the Department of Foreign Affairs) and the National Statistics Office (NSO)?

No. The foreign divorce decree must be recognized here in the Philippines; a process which may only be done through the courts.

Why should we waste money in filing a petition in court for the recognition of the divorce decree?

This is the requirement of law, unfortunately. The divorce decree must be proven, just like any fact, in court. The presentation of the divorce decree is insufficient. Proof of its authenticity and due execution must be presented. This necessarily entails proving the applicable laws of the jurisdiction where the foreigner-spouse (who could be a former Filipino) is a national. One of the requirements under Article 26 is that the decree of divorce must be valid according to the national law of the foreigner.

Totally irrelevant as they are not actually marrying in the Philippines. They will marry in the USA and come back to do a "2nd marriage" later, which is simply renewing vows for the family in the Phils.

One thing to remember too is that the courts may not recognize a divorce that was initiated by the Filipino. There have been many cases where, though there was a valid divorce decree, the Filipina was blocked from remarrying until an annulment could be obtained.

Totally irrelevant as they are not actually marrying in the Philippines. They will marry in the USA and come back to do a "2nd marriage" later, which is simply renewing vows for the family in the Phils.

[GaryKO 49]

Divorce decrees secured outside the Philippines are recognized in certain instances. This is provided in Article 26 of the Family Code, which reads in full:

ART. 26. All marriages solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35(1), (4), (5) and (6), 36, 37 and 38.

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.

In mixed marriages involving a Filipino and a foreigner, Article 26 of the Family Code allows the former to contract a subsequent marriage in case the divorce is validly obtained abroad by the alien spouse capacitating him or her to remarry. A divorce obtained abroad by a couple, who are both aliens, may be recognized in the Philippines, provided it is consistent with their respective national laws.

[Joshuaching 11]

Not sure if this applies to you, check this out.

http://jlp-law.com/blog/judicial-recognition-of-a-foreign-divorce-decree/

If there’s already a divorce validly secured abroad (by the foreigner-spouse or the Filipino spouse who became a foreign citizen, losing his/her Filipino citizenship in the process), can the Filipino spouse immediately remarry?

No. The existence of a valid divorce decree, however, does not automatically entitle the Filipino to remarry in the Philippines. The foreign divorce decree must be judicially recognized in the Philippines. This means that the proper action or petition must be filed in a Philippine court. For purposes of re-marriage, the divorce validly secured abroad is not automatically recognized here in the Philippines.

Isn’t it enough that I already forwarded the divorce decree to the Philippine Embassy (or the Department of Foreign Affairs) and the National Statistics Office (NSO)?

No. The foreign divorce decree must be recognized here in the Philippines; a process which may only be done through the courts.

Why should we waste money in filing a petition in court for the recognition of the divorce decree?

This is the requirement of law, unfortunately. The divorce decree must be proven, just like any fact, in court. The presentation of the divorce decree is insufficient. Proof of its authenticity and due execution must be presented. This necessarily entails proving the applicable laws of the jurisdiction where the foreigner-spouse (who could be a former Filipino) is a national. One of the requirements under Article 26 is that the decree of divorce must be valid according to the national law of the foreigner.

A Filipino citizen who has married a Filipina in the Philippines remains married under Philippine law in the Philippines. When granted citizenship by another nation, such as the US of A, he could not come back to the Philippines and marry another Filipina again. It is a different story if the Filipino has acquired citizenship first, then marry in the Philippines. divorce some place, then come back to the Philippines to marry another Filipina wife. This law was placed in effect to prevent Filipinos (rich ones mostly) in seeking divorce some place, then coming back to the Philippines and marrying again. Former Filipinos are included with this group because they really have not lost their Filipino citizenship and could re-acquire them anytime.

The only resort for these type of Filipinos is to petition their fiancee and marry her in the States. The Philippines, being what it is, you could always get away with something, but then any action done illegally remains illegal throughout it duration. I would not try it if I were you. I went through the same thing and I had to explain that I was an American citizen already when I married my first wife and therefore not covered by this provision of the law. Reference http://www.chanrobles.com/index1.htm

[lerski 0]

Heres a Question im curious about?/ I am filing a K-1 visa app. for my fiancee in philippines. I was once married in the philippines & my now X-wife became a US Citizen. We later divorced here in USA. Legal & recorded divorce. Mt Fiancee wishes that when we return to the phls in a few years to be legally married there also. I also wish the same - yet as my origional marriage is recorded there - How/ what paoers are needed / available to me here on net in usa to get this marriage anulled in the Philippines ? Im told it may be something called =Recognition of divorce Decree" in the Philippines. I cannot locate any info on this and hope someone here has been thru this same process before ?? Thank 's to all.

you can filed a recognition of divorce in the philippines,,,,just ready your amercan citizen card and your divorced paper from your x wife. the requirements is your citizenship card and your divorce paper with red ribbon.

[eternalcompanion 3]

You have to file a recognition of divorce decree in any court here in the Philippines. But before you can file the petition, you should register first your divorce decree with the Local Civil Registrar of Manila. All divorce decrees obtained abroad should be registered with the LCR of Manila before you can file a judicial recognition of a divorce decree.

[Hank_ 9,174]

The question was about getting married in the Philippines... perhaps you missed that?

Read the WHOLE posting! Jeez!! They are K-1.... meaning THEY will have to get married in the USA within 90 days of POE so the marriage when they RETURN to the Phils will be a renewing of vows.... NOT an actual MARRIAGE as they are already married.

Heres a Question im curious about?/ I am filing a K-1 visa app. for my fiancee in philippines. I was once married in the philippines & my now X-wife became a US Citizen. We later divorced here in USA. Legal & recorded divorce. Mt Fiancee wishes that when we return to the phls in a few years to be legally married there also. I also wish the same - yet as my origional marriage is recorded there - How/ what paoers are needed / available to me here on net in usa to get this marriage anulled in the Philippines ? Im told it may be something called =Recognition of divorce Decree" in the Philippines. I cannot locate any info on this and hope someone here has been thru this same process before ?? Thank 's to all.

[Hank_ 9,174]

Did you read the question? They are not doing a ceremonious vow renewal for their family. They are getting married in the Philippines. Hence the phrase "legally married" used by the poster.

Where are you coming up with this information? Is the poster sending you private messages that we don't know about, contrary to the original question?

Did you ? Do you have a clue what a K-1 visa involves... ? Ya I know you did EVERYTHING in under 20 minutes at the embassy....

Heres a Question im curious about?/ I am filing a K-1 visa app. for my fiancee in philippines. I was once married in the philippines & my now X-wife became a US Citizen. We later divorced here in USA. Legal & recorded divorce. Mty Fiancee wishes that when we return to the phls in a few years to be legally married there also. (they will already be LEGALLY married so it will only be a renewal of vows) I also wish the same - yet as my origional marriage is recorded there - How/ what paoers are needed / available to me here on net in usa to get this marriage anulled in the Philippines ? Im told it may be something called =Recognition of divorce Decree" in the Philippines. I cannot locate any info on this and hope someone here has been thru this same process before ?? Thank 's to all.

[LoveIsCrazy 0]

Since you are a USC, no need to for you to get an annulment of your previous marriage which was taken in Phil. If you plan to get married again in Phil after your marriage here in US with your fiancee, just bring all the papers or divorce paper you have with your previous marriage in a pinay which is now already a USC.