Recognition of Fiancés Divorce

[Hank_ 9,174]

2 hours ago, John & Rose said:

Is that the first time you used Do Do since me?  LOL

 

Not hardly! 

 

Y'all doing good ?

 

 

[John & Rose 7,239]

7 minutes ago, Hank_ said:

Not hardly! 

 

Y'all doing good ?

 

 

Doing great. We are the lucky ones. I get to work from home with full salary, my wife is full time and has been promoted and gotten a raise, my step daughter is an “A” student and working part time and my step son is healthy and well and enrolled in classes in Manila. We are blessed and we are still hoping to get back to Manila for my step daughter’s 18th in January. We don’t quite do 18th birthdays here like they do there. LOL. 
 

How are things in your neck of the woods?  I hope all is well and as normal as possible. 

[BOKURAGAITA 101]

4 hours ago, JonSeattle said:

As was said, getting the divorce recognized is not going to affect your ability to buy property or his inability. The bigger concern is that the Karen could file charges of adultery against you and I suppose bigamy against him unless he is divorced. Sounds like the recognition is something you would need a lawyer for. It's not really visa related, other than other people working on visas might have faced the problem.

Yes that is mainly what we are concerned about. Aside recognizing his divorce, yes they got divorced in US  he is mad about the "karen" is acting weird when he told her that he is coming to the Phi (3rd visit last yr before covid lockdown and supposed to have another vacay in Jan and March) she went hysterical and starts scolding making a scene while their kids are in front of them. Jeez. 

 

And yes we already have a lawyer and called him last night and actually our case is ready to file but was delayed. 

 

My fiancé wants to cut any connection from their union and im pleased that the lawyer is working on it. 

 

p.s his ex threaten to ruin everything for OUR relationship. She's just TOXIC  a. f

[BOKURAGAITA 101]

4 hours ago, JonSeattle said:

As was said, getting the divorce recognized is not going to affect your ability to buy property or his inability. The bigger concern is that the Karen could file charges of adultery against you and I suppose bigamy against him unless he is divorced. Sounds like the recognition is something you would need a lawyer for. It's not really visa related, other than other people working on visas might have faced the problem.

Thank you. 

[Kby175 115]

I personally did not go through this but I did have a friend who went through this process.  Unfortunately, he passed away a couple of years ago it was a pain to process, another issue he ran into was finding a good attorney who knew what they were doing to start the process. The divorce decree will need to be certified by the Philippine embassy in his area that can certify it is a valid legal document which needs to have the red ribbon certification from that consulate. 

 

https://www.philippineconsulatela.org/wp-content/uploads/2017/12/Judicial-Recognition-of-Divorce-in-the-Philipines.pdf

[BOKURAGAITA 101]

1 hour ago, Kby175 said:

I personally did not go through this but I did have a friend who went through this process.  Unfortunately, he passed away a couple of years ago it was a pain to process, another issue he ran into was finding a good attorney who knew what they were doing to start the process. The divorce decree will need to be certified by the Philippine embassy in his area that can certify it is a valid legal document which needs to have the red ribbon certification from that consulate. 

 

https://www.philippineconsulatela.org/wp-content/uploads/2017/12/Judicial-Recognition-of-Divorce-in-the-Philipines.pdf

There is no red ribbon, it was Apostilled. 

One of the reason is the lawyer adviced us instead of Recognizing his divorce why not filed it as an Annulment, we agreed. He gave us like a year from filing and other work and my fiancés participation. 

 

I'm sorry about your friend. 

 

Thank you for your reply. 

[flicks1998 1,044]

On 8/14/2020 at 9:03 AM, Hank_ said:

 

I left out the important word.    

 

USC can't OWN property in the Philippines.

 

 

Actually, A USC can own property in the sense they can buy a condo.  There will be laws stating that the condo units need to be owned by the majority of Filipino citizens in a particular building but this is loosely enforced mainly because the condo's themselves dont know.  Most Filipinos buying condos are dual citizens anyway.  Also, there are a few places where foreigners can own homes in the Philippines.  There is an area around Tagaytay and a few other places where there is a large section of land designated for homes built on tiny stilts and these homes can be owned by foreigners but not the land underneath.  I visited the area in 2014 or so but could get more details on it if needed.  The other way to is if you have any biological children there, you can just put in their names but you need to use an attorney to make sure this is done correctly.  

 

Im a bit confused on what the OP says, but it seems like someone was married in the Philippines and in the US and the divorce is final in the US but not in the Philippines.  I can really offer any accurate advise but to say since the Philippines does not recognize divorce, is to find out if they will recognize the divorce in the US and if not, then an annulment needs to be done in the Philippines.  Ive had some Filipino friends do annulments and the ones I know about took 3-5 years and a ####### load of money, somewhere around $20K + to get done. 

 

I dont think the OP thought through all these steps before starting.  

Edited August 16, 2020 by flicks1998

[Hank_ 9,174]

23 minutes ago, flicks1998 said:

 

Actually, A USC can own property in the sense they can buy a condo.  There will be laws stating that the condo units need to be owned by the majority of Filipino citizens in a particular building but this is loosely enforced mainly because the condo's themselves dont know.  Most Filipinos buying condos are dual citizens anyway.  Also, there are a few places where foreigners can own homes in the Philippines.  There is an area around Tagaytay and a few other places where there is a large section of land designated for homes built on tiny stilts and these homes can be owned by foreigners but not the land underneath.  I visited the area in 2014 or so but could get more details on it if needed.  The other way to is if you have any biological children there, you can just put in their names but you need to use an attorney to make sure this is done correctly.  

 

Im a bit confused on what the OP says, but it seems like someone was married in the Philippines and in the US and the divorce is final in the US but not in the Philippines.  I can really offer any accurate advise but to say since the Philippines does not recognize divorce, is to find out if they will recognize the divorce in the US and if not, then an annulment needs to be done in the Philippines.  Ive had some Filipino friends do annulments and the ones I know about took 3-5 years and a ####### load of money, somewhere around $20K + to get done. 

 

I dont think the OP thought through all these steps before starting.  

 

A condo isn't property as in REAL property .. dirt.      Thus the limitation on the percentage of foreigner ownership.

 

A foreigner can own real property (dirt) under a very unique set of conditions.

[payxibka 10,047]

Webster might disagree 

[Allovertheworld 355]

I wouldn't own or pay for any property in Philippines. Too cheap to rent and move when you want.

 

I would keep the money liquid or investment in the USA

 

 

 

 

[BOKURAGAITA 101]

40 minutes ago, Allovertheworld said:

I wouldn't own or pay for any property in Philippines. Too cheap to rent and move when you want.

 

I would keep the money liquid or investment in the USA

 

 

 

 

You can do whatever you want. 

[Allovertheworld 355]

3 hours ago, BOKURAGAITA said:

You can do whatever you want. 

This is why Philippines is still a 3rd World country, and the forecast for it will stay the same.  With corruption from the government down, and systemic poverty in the country Philippines is a no go zone for many foreigners. 

 

With it's silly rules on land ownership and business ownership, it only keeps out foreigners.  Add to the the country government is very racist and practice discrimination openly.   I find it funny that a Philippines Citizen came go to the USA and with the proper education can sit for the NCLEX Exam to become a Registered Nurse in the USA, but US Citizens are not allowed to sit for the nursing board exam in Philippines, even if they went to school in Philippines and graduated with BSN degree.

 

Same thing for a lawyer, no way a US Citizen can even take bar exam in Philippines. but of course it fine for Philippines Citizen to sit for bar exam in USA if they have the proper education.  This seems to be a common core with any Professional Licenses in the Philippines, If you want a good laugh go to the PRC and look at how many licenses you must be a Philippines Citizens.

 

 

[Cyberfx1024 7,980]

23 minutes ago, Allovertheworld said:

This is why Philippines is still a 3rd World country, and the forecast for it will stay the same.  With corruption from the government down, and systemic poverty in the country Philippines is a no go zone for many foreigners. 

With it's silly rules on land ownership and business ownership, it only keeps out foreigners.  Add to the the country government is very racist and practice discrimination openly.   I find it funny that a Philippines Citizen came go to the USA and with the proper education can sit for the NCLEX Exam to become a Registered Nurse in the USA, but US Citizens are not allowed to sit for the nursing board exam in Philippines, even if they went to school in Philippines and graduated with BSN degree.

Same thing for a lawyer, no way a US Citizen can even take bar exam in Philippines. but of course it fine for Philippines Citizen to sit for bar exam in USA if they have the proper education.  This seems to be a common core with any Professional Licenses in the Philippines, If you want a good laugh go to the PRC and look at how many licenses you must be a Philippines Citizens.

I have talked with a couple people from the USA that own restaurants in Bacolod and Boracay that they will hardly ever keep a employee longer than 5 1/2 months. Because once you keep them longer than that they are considered permanent employees and thus given more leeway. One of them went on to tell me how he had to go to court against one employee for stealing and the Philippine judge said openly to him that "He shouldn't be surprised that this man stole from him because he makes so little money compared to the owner". So that solidified his mindset of never keeping a employee longer than 5 1/2 months. The courts openly discriminates against foreigners. 

[Allovertheworld 355]

2 hours ago, Cyberfx1024 said:

One of them went on to tell me how he had to go to court against one employee for stealing and the Philippine judge said openly to him that "He shouldn't be surprised that this man stole from him because he makes so little money compared to the owner".  The courts openly discriminates against foreigners. 

Perfect Example of "3rd World Mentality" 

 

No wonder no one wants to invest in the Philippines

[flicks1998 1,044]

4 hours ago, Cyberfx1024 said:

I have talked with a couple people from the USA that own restaurants in Bacolod and Boracay that they will hardly ever keep a employee longer than 5 1/2 months. Because once you keep them longer than that they are considered permanent employees and thus given more leeway. One of them went on to tell me how he had to go to court against one employee for stealing and the Philippine judge said openly to him that "He shouldn't be surprised that this man stole from him because he makes so little money compared to the owner". So that solidified his mindset of never keeping a employee longer than 5 1/2 months. The courts openly discriminates against foreigners. 

This is a controversial process that I dont necessarily agree with.  What you say is correct in the sense that many employers cut their employees just before 6 months because they then need to pay benefits.  This tends to be for lower skilled jobs and its a practice because of the bad apples who are in the minority hurting the good apples who just want to do an honest job.  The company I worked at and most foreign companies in the Philippines do not practice this.  We put people on a 6 months probation when hired but I can only remember a few we didnt extend to regular employees and the few we cut, were just awful at their jobs.  Because we were in a high stress industry, most would just leave within a few months anyway and find a less stressful job.  If your a customer in a retail setting, most of the time you ask a question or ask where something is, the employees would not know and thats because they are recycling employees in and out and thats one of the things that hurts customer service in the Philippines and related to this 6 month probation period.  SM is notorious for cutting people at the 6 month mark.  

 

Any workplace issue between management and employees typically goes through DOLE before any courts.  DOLE needs to hear the grievance first.  Of all of the government organizations in the Philippines, DOLE is probably one of the most professionally run departments and is extremely pro-foreigner.  Any foreigner manager who tries to enforce the rules of the company will have a grievance filed against them from a disgruntled employee.  I had a few, my MD had a bunch, every expat I know had some grievance.  Filipinos dont necessarily like reporting to foreigners.  However its a simple process to manage.  Make sure all your discipline is in writing and always include your HR department when disciplining a local as a foreigner.  Always!!  If there is no HR you need another witness to sit in the meeting.  Always!!  The first thing a Filipino will do to a foreign manager who disciplines them is go after their work status.  As long as your legally employed (part of my job involved working with Immigration ) and you document the discipline you are doing to the employee, youll be perfectly fine.  DOLE doesnt put up with BS.  Your American friends should have complained to DOLE as they would have got a different response, as long as they are legally employed and their business has all of the correct permits.  Many foreigners who do work in the Philippines are not doing so legally and if thats the case, better not get DOLE into the case as its an instant blacklisting from Immigration. 

 

If your talking about the regular courts in the Philippines, then yes, a foreigner will never or hardly ever win, but again DOLE should be the go to organization for employee related affairs.