Saturday, July 31, 2010

Filipino is married in the Philippines but now a canadian citizen and divorced, can marry in the Philippines?

a filipino guy married in the pihilippines but now he is a canadian citizen and divorced, i would like to know if the former filipino guy(but canadian citizen now) can marry in the Philippines without going tru annulment to his divorced wife?Filipino is married in the Philippines but now a canadian citizen and divorced, can marry in the Philippines?
The Philippines follows the laws of the country of citizenship, they recognize marriage from another country and they recognize divorce of a citizen of another country.





If you are a citizen of Canada and have a Canadian Pass Port and got your divorce there, all you need to remarry in the Philippines is your divorce papers from Canada, then you go to the Canadian embassy here in the Philippines and get a ';legal capacity to marry';...





You are a Canadian Citizen now, not a Filipino Citizen. (Unless you kept a duel citizenship)Filipino is married in the Philippines but now a canadian citizen and divorced, can marry in the Philippines?
Under law Filipinos are covered by the prohibition on divorce based on the “nationality principle”, regardless of wherever they get married (and regardless where they get a decree of divorce). With the new laws on dual citizenship I'm not sure how this will work. If a Filipino divorces before becoming a citizen of say Canada, under Philippines law they are still married, and the spouse can make legal judgements through the courts in the PI.





So yes he can marry if he became Canadian before the divorce.





No he cannot marry if he is a Filipino citizen.





However, it is likely that no check for NSO cert of non-marriage will be requested by the marrying officials in the Philippines. Someone would have to bring it up to the attention of the officials conducting the wedding.





Further, for immigration purposes, he'll have to check with the Canadian Embassy about immigration for his new bride as I belive they do a check for non-marriage and if he was a Filipino at time of divorce I'm not sure how they go about the approval or denial of the visa.
if i understand it correctly, they married in the philippines and transferred to canada and got a divorce there? though i am not a lawyer by profession, the divorce that they have filed in Canada in not valid because they were married in the Philippines in the first place. This means that their married is still legal under the Philippine law. So if he wants to get married again, he still have to file an annulment on his first marriage before having the second marriage or else he can be accused of bigamy by his first wife.
no, if he is married here then he can't remarry again unless he get annulment!
atty.jareah is rigth....
No. The country does not recognize divorce therefore, he cannot marry again. If he wants to, he has to file an annulment of his first marriage and when it gets annulled, can marry again. Sorry but this is our Philippine law. Even if he has renounced his Filipino citizenship the fact that he was married in the country makes his marriage very legal.

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