Divorce filed in canada by the husband. Can the wife re-marry in the philippines

[PSGpackers]

1. you were married in the philippines
2. husband goes to canada and filed a divorce
3. now the husband  is a canadian citizen (not sure if dual citizenship)

4. can the wife (currently in the philippines) re-marry Huh

i (wife) tried going to the Regional trial court last year (2010 or 2009) and they said "according to the NEW Law (i forgot the whole sentence)...
a. the wife needs to get a copy of the divorce paper and bring it to the canadian embassy (i dont know the next step)

b. after going to the embassy, next step is submit it to NSO and then you can re-marry


can someone add additional info on this....

[brookslakeside]

1. you were married in the philippines
2. husband goes to canada and filed a divorce
3. now the husband  is a canadian citizen (not sure if dual citizenship)

4. can the wife (currently in the philippines) re-marry Huh

i (wife) tried going to the Regional trial court last year (2010 or 2009) and they said "according to the NEW Law (i forgot the whole sentence)...
a. the wife needs to get a copy of the divorce paper and bring it to the canadian embassy (i dont know the next step)

b. after going to the embassy, next step is submit it to NSO and then you can re-marry


can someone add additional info on this....

did your husband obtained his divorce when he is still a Filipino citizen or after he got his Canadian citizenship?

it is more complicated if he was a Filipino citizen when he filed and received the Divorce decree.  the next  steps  you will do will depend on your answer to my first question.  thanks.

[PSGpackers]

im not sure if he is already an immigrant or still a filipino then...

1. if he is still a filipino when he filed the divorce, can i re-marry? can i take the divorce papers to the embassy and have notarized it or something?

2. if he is an immigrant, do i take the divorce papers to the canadian embassy as well?

... if you are still a filipino, will they allow it if you file for divorce in canada? just curious...

[kaloka]

im not sure if he is already an immigrant or still a filipino then...

1. if he is still a filipino when he filed the divorce, can i re-marry? can i take the divorce papers to the embassy and have notarized it or something?

2. if he is an immigrant, do i take the divorce papers to the canadian embassy as well?

... if you are still a filipino, will they allow it if you file for divorce in canada? just curious...

if you are married in the philippines you are still considered married. you have to get annulled before you re-marry. even if your husband filled a divorce in canada, when he comes back to the philippines he is still legally married to you. or even he is now canadian citizen, it doesn't change. if you need help about annulment in the philippines i know someone can help you. i got annulled last year and it only takes months and i am now married to a canadian. and just waiting for my residency

[brookslakeside]

im not sure if he is already an immigrant or still a filipino then...

1. if he is still a filipino when he filed the divorce, can i re-marry? can i take the divorce papers to the embassy and have notarized it or something?

2. if he is an immigrant, do i take the divorce papers to the canadian embassy as well?

... if you are still a filipino, will they allow it if you file for divorce in canada? just curious...

Please consult a lawyer so he can give you an expert advice on how to deal with your situation.

If you and your husband are Filipino Citizens when he filed for divorce then sad to say that Divorce is not acknowledged under the laws of the Philippines. Filipino citizens, no matter what their country of residence must follow the procedure indicated in the Family Code of the Philippines to have their marriage nullified or voided by filing a Petition of Annulment of Marriage before the pertinent Office of the Executive Clerk of Court of the Regional Court.

The reckoning point is not the citizenship of the parties at the time of marriage, but their citizenship at the time a valid divorce is obtained abroad by the alien spouse capacitating the latter to remarry.

[brookslakeside]

im not sure if he is already an immigrant or still a filipino then...

1. if he is still a filipino when he filed the divorce, can i re-marry? can i take the divorce papers to the embassy and have notarized it or something?

2. if he is an immigrant, do i take the divorce papers to the canadian embassy as well?

... if you are still a filipino, will they allow it if you file for divorce in canada? just curious...

If your husband was a Canadian citizen when he files the Divorce action against you then Article 26 of the Family Code will apply. The divorce will be recognized here in the Philippines; if the said divorce allows the former alien spouse to remarry, the Filipino will also have the right to remarry under Philippine law. That is, after the foreign divorce decree is recognized by a Philippine court.

The recognition of a foreign divorce decree is a judicial process and not an administrative process. The petition is filed with the courts and not with the Local Civil Registrar or with the National Statistics Office. If officials of the LCR or the NSO by themselves annotate the divorce decree on the marriage contract or certificate without any court order, they can be charged administratively.

Please take note also that the proper legal remedy is filing a petition for the recognition of the foreign divorce decree and not for annulment of the marriage in this case. 

[PSGpackers]

 @ kaloka .... for the annulment ... how much and how long is the process? is it a guaranteed approval?

 @ brookslakeside ... thank you so much for the answers... I've learned a lot of things from you.  If the divorce was filed by a Canadian Immigrant, is the divorce valid here in the philippines? can i take it the the next level (judicial process)?

[brookslakeside]

 @  kaloka .... for the annulment ... how much and how long is the process? is it a guaranteed approval?

  @  brookslakeside ... thank you so much for the answers... I've learned a lot of things from you.  If the divorce was filed by a Canadian Immigrant, is the divorce valid here in the philippines? can i take it the the next level (judicial process)?

Yes you can remarry if he was a Canadian Citizen when he filed for divorce.   Get hold of your husband and get the copy of the Final Divorce Decree.  Consult with a lawyer so he can file a petition in a Philippine court for the recognition of the foreign divorce decree. Only when the court has recognized the foreign divorce decree can you remarry.

Petition for Recognition of Foreign Divorce and Annulment are both expensive and processing is long, so brace yourself for the long haul but it`s worth every effort.

For Petition for Recognition of Foreign Divorce the court will require the presentation of expert witnesses who can (1) translate the divorce decree if it is written in a language other than English, or (2) testify on the law of the country where the divorce was granted. The translator must either come from the embassy concerned or from the Department of Foreign Affairs; getting their services is costly or difficult. As to the expert witness on the law on marriage and divorce of the country which granted the decree, this is an even more difficult thing to do. 

Try to find the best lawyer and don`t just go and visit one, shop around, ask for recommendation from friends.  Good luck.  Please pm me about Annulment because i had mine filed last May 2010.

[kaloka]

 @  kaloka .... for the annulment ... how much and how long is the process? is it a guaranteed approval?

  @  brookslakeside ... thank you so much for the answers... I've learned a lot of things from you.  If the divorce was filed by a Canadian Immigrant, is the divorce valid here in the philippines? can i take it the the next level (judicial process)?

Yes, i guarantee that you will get approval. I was annulled with the same judge myself just last year october.It took three months for my case.
Philippines doesn't recognize divorce because of our law. Our law says that you have to filled the annulment to the country where you got legally married.

[PSGpackers]

Yes, i guarantee that you will get approval. I was annulled with the same judge myself just last year october.It took three months for my case.
Philippines doesn't recognize divorce because of our law. Our law says that you have to filled the annulment to the country where you got legally married.


.... i agree... but then again if the other person has citizenship on that particular country then its going to be honored here im just wondering how much would it cost for a marriage to be annulled? my concern is with the amount...

[kaloka]

Yes, i guarantee that you will get approval. I was annulled with the same judge myself just last year october.It took three months for my case.
Philippines doesn't recognize divorce because of our law. Our law says that you have to filled the annulment to the country where you got legally married.


.... i agree... but then again if the other person has citizenship on that particular country then its going to be honored here im just wondering how much would it cost for a marriage to be annulled? my concern is with the amount...

It cost me 170,000 pesos. If he just got his citizenship changed after your marriage, i don't think there's any changes. Even his not Filipino Citizen anymore. You still have to get annulled in the place where the marriage was taken. 

Its up to you. Good luck!

[nyzzz]

Hi..i'm on the same situation as u guys..pls help me to find a genuine lawyer for my annulment in the phils.just curious how come u got the result so fast for 3 mos.well as far as i read about annulment cases it usually takes years..pls could u give me the number of your lawyer..thanks a lot in advance!

[kaloka]

Hi..i'm on the same situation as u guys..pls help me to find a genuine lawyer for my annulment in the phils.just curious how come u got the result so fast for 3 mos.well as far as i read about annulment cases it usually takes years..pls could u give me the number of your lawyer..thanks a lot in advance!

You know our country has tricks. If you have money you can do the impossible.
But it wasn't easy to find the Judge it took me years. It is very discreet. If you want annulment i can give you her contact

[brookslakeside]

Yes, i guarantee that you will get approval. I was annulled with the same judge myself just last year october.It took three months for my case.
Philippines doesn't recognize divorce because of our law. Our law says that you have to filled the annulment to the country where you got legally married.


.... i agree... but then again if the other person has citizenship on that particular country then its going to be honored here im just wondering how much would it cost for a marriage to be annulled? my concern is with the amount...

An annulment case entails four types of expenses: fees charged by the court, professional fees of the lawyer, professional fees of the psychiatrist in case of psychological incapacity, and newspaper announcements on the case if the respondent(your husband is abroad or in other cases cannot be located). 
The lawyer`s acceptance fee ranges from P50,000 to P100,000. 
Psychiatric tests form part of the expenses because most petitioners cite the “psychological incapacity” of a spouse as a ground for annulment. The report and testimony of psychiatrists used to be sought only if these became necessary during the trial. A Supreme Court decision in 1997, however, made them a requisite in the filing of a case.  . Thus, the demand for thorough—and expensive—psychiatric evaluations, which may cost the petitioner (you) P21,500 to P50,000.
A trial is not set unless the petition for annulment has been published in a newspaper or tabloid of general circulation. These papers charge around P200 per column centimeter for such legal notices. The full text of a petition may cost at least P3,000 in a tabloid.
An uncontested case (your husband doesn`t appear) allows a petitioner to save as much as 33 percent in legal expenses, compared to what you will have to spend in a contested case.
Annulment is expensive that`s why you need to find a good lawyer with a good track record, honest and dependable.  I`m scared of going the easy route (bribing judges or prosecutors)that`s why i had to undergo all the steps to have my marriage annulled and that includes the long wait.

[Issah72]

Hi, I have a friend who needs to  be annulled as soon as possible, can you please send in my email your judge/attorney's address and contact number so that he can pursue for annulment?

I would really appreciate your help. My email ID is (marissa_quintos @ yahoo.com)

Thanks,

Issah

Yes, i guarantee that you will get approval. I was annulled with the same judge myself just last year october.It took three months for my case.
Philippines doesn't recognize divorce because of our law. Our law says that you have to filled the annulment to the country where you got legally married.