petition for recognition of Divorce Decree

[Jmerce 0]

Can u pls give some info.on this matter my Fiance is USC he got married in Phils.but they got divorce in Hawaii...And now we are planning to get married in Phils. but theres no divorce in PI i get some info that he can file the Petition for the Divorce Decree to clear his status at the NSO. The question is how is the procedure and where to begin with...how long does it takes for the processing.,please give me some info.if how much would be the payment for the processing of the so called petition...

Your advice will be highly appreciated...thanks and more power

[Inky 1,111]

Moved from K-1 forums to Philippine forums as this question is an issue with divorce in Philippines not a K-1 process.

[Tahoma 2,292]

Your fiancé may not be required to get his divorce judicially recognized. The reason he may not be required to get his divorce judicially recognized is because your local civil registrar may not require your fiancé to submit a CENOMAR. Some civil registrars will accept divorce papers and will not require a CENOMAR. Check with your civil registrar for their requirements.

If your fiancé is required to get his divorce judicially recognized, it can take six months to a year or more. It will cost more than P50,000. Because he's 'kano, it will likely cost him much more than that. The process starts with hiring a good attorney. Your fiancé would need to get his divorce decree authenticated by the Philippines Consulate which has jurisdiction over the state where the divorce occurred.

[Caryh 5,206]

A foreigner is not required to get his divorce recognised by the Philippine courts, because as a foreigner, he's not subject to Philippine laws.

This article touches exactly on why some are trying to change that law requiring Philippine courts to review those divorces first.

http://www.manilatimes.net/index.php/news/top-stories/37782-house-silently-approved-mini-divorce-bill-in-sept

“Our jurisprudence [Garcia-Recio vs. Recio] on the issue made it a requirement that a foreign divorce decree be recognized before it can be enforced by the court in the Philippines, thereby putting to naught the concept of equity for the Philippine spouse,” House Bill 4368’s authors said in their explanatory note.

“As such, the Filipino spouse is one again put at a disadvantage considering that the foreign spouse is already free to remarry. This proposed amendment of the Family Code will cure such anomaly. This will put Filipino and alien spouses on equal footing and prevent unintentional discrimination,” the authors added.

[jasmine427 0]

Can u pls give some info.on this matter my Fiance is USC he got married in Phils.but they got divorce in Hawaii...And now we are planning to get married in Phils. but theres no divorce in PI i get some info that he can file the Petition for the Divorce Decree to clear his status at the NSO. The question is how is the procedure and where to begin with...how long does it takes for the processing.,please give me some info.if how much would be the payment for the processing of the so called petition...

Your advice will be highly appreciated...thanks and more power

your fiance who is USC doesnt need a petition for divorce decree. only a filipino citizen who is married to a foreigner that needs to file for petition for divorce decree. your USC fiance only need a legal capacity in U.S Embassy Manila to file for marriage license to get married.

here is how to file for legal capacity

http://manila.usembassy.gov/marriage.html

[Tahoma 2,292]

A foreigner is not required to get his divorce recognised by the Philippine courts, because as a foreigner, he's not subject to Philippine laws.

A foreigner is not subject to Filipino laws?!? Tell that to the Filipino police...or to the civil registrar for that matter!

Jmerce...You really need to contact the local civil registrar to find out their requirements. Different civil registrars have different requirements. There are even some civil registrars who will not accept the Embassy's "Affidavit in Lieu of Legal Capacity to Marry" and, instead, require the foreigner to submit a CENOMAR.

[Caryh 5,206]

A foreigner is not subject to Filipino laws?!? Tell that to the Filipino police...or to the civil registrar for that matter!

Jmerce...You really need to contact the local civil registrar to find out their requirements. Different civil registrars have different requirements. There are even some civil registrars who will not accept the Embassy's "Affidavit in Lieu of Legal Capacity to Marry" and, instead, require the foreigner to submit a CENOMAR.

I should have more properly said Filipino divorce laws. Its one of the reasons stated for changing the recognition of foreign divorce laws, that has been getting discussion in congress there. Article 15 of the New Civil Code, which allows recognition of foreign divorce states it affects Philippine Citizens.

"Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad."

[samuel17 0]

anyone in need of annulment lawyer, pm me.