Manila Philippines Time line - Conjugal Partner - Male to Male, Female to Female

[Steph C]

youre right steph, but i have already answered common law since uts asking for my present status and after that question it actually aaked for my previous marriage and for how long it lasts?

any reaction?

Yes that's why I put it. Because the answer doesn't stop there.. the next questions all pertain to that. Name of common-law partner or spouse, then name of ex common-law partner or spouse.

 

[jarry96]

If you had been married in the Philippines and that marriage has not been annulled then you cannot re-marry but you can be legally separated.

If you are legally separated, then you should be able to enter into a common-law relationship which starts on the 366th day of continuous living together as a couple.

The question is will CIC recognize a common-law relationship for someone who is legally separated from their former spouse but the marriage has not been annulled? Perhaps Philippine law does not recognize common-law relationships but does that matter to CIC?

I am sure this must have happened thousands of times; someone here must have a personal experience.

Heartbreakkid, have you been living with your new partner for the past 12 continuous months?

 

[heartbreakid]

my case is that im married and not legally separated in the philippines and we are applying under conjugal we tried annulment but its already 2yrs with no result were stalled by the suspension of cases in imus cavite last yr until now ???

 

[Steph C]

If you had been married in the Philippines and that marriage has not been annulled then you cannot re-marry but you can be legally separated.

If you are legally separated, then you should be able to enter into a common-law relationship which starts on the 366th day of continuous living together as a couple.

The question is will CIC recognize a common-law relationship for someone who is legally separated from their former spouse but the marriage has not been annulled? Perhaps Philippine law does not recognize common-law relationships but does that matter to CIC?

I am sure this must have happened thousands of times; someone here must have a personal experience.

Heartbreakkid, have you been living with your new partner for the past 12 continuous months?

CIC will recognize Canadian law and in this case and you will be recognized as common law even if separated.

The Philippines has common-law but not for people who are still legally married to others or same sex couples. For this reason I think it's pretty rare.

Article 147 of the Family Code applies to the union of parties who are legally capacitated and not barred by any impediment to contract marriage, but whose marriage is nonetheless void.[3] Article 147 reads:

Art. 147. When a man and a woman who are capacitated to marry each other, live exclusively with each other as husband and wife without the benefit of marriage or under a void marriage, their wages and salaries shall be owned by them in equal shares and the property acquired by both of them through their work or industry shall be governed by the rules on co-ownership.

In the absence of proof to the contrary, properties acquired while they lived together shall be presumed to have been obtained by their joint efforts, work or industry, and shall be owned by them in equal shares. For purposes of this Article, a party who did not participate in the acquisition by the other party of any property shall be deemed to have contributed jointly in the acquisition thereof if the former’s efforts consisted in the care and maintenance of the family and of the household.

Neither party can encumber or dispose by acts inter vivos of his or her share in the property acquired during cohabitation and owned in common, without the consent of the other, until after the termination of their cohabitation.

When only one of the parties to a void marriage is in good faith, the share of the party in bad faith in the co-ownership shall be forfeited in favor of their common children. In case of default of or waiver by any or all of the common children or their descendants, each vacant share shall belong to the respective surviving descendants. In the absence of descendants, such share shall belong to the innocent party. In all cases, the forfeiture shall take place upon termination of the cohabitation.



Rules of legal separation in the Philippines and Canada are different as well. Personally, I find legal separation in the Philippines to be silly since it seems almost as difficult to get as an annulment. It also has to go through the court and pre-trial conferences. There are also some pretty harsh grounds, besides the grounds of homosexuality which would be valid in his case:

The Family code of the Philippines require that in order to file for a legal separation in Philippines, it must be filed on any of the following grounds: Repeated physical violence to their child or the child of the petitioner, physical violence or moral pressure to compel the petitioner to change religious or political beliefs, attempt of respondent to corrupt or induce the petitioner, their child or the child of the petitioner to engage in prostitution, or connivance in such corruption, drug addiction, lesbianism or homosexuality of the respondent, contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad, sexual infidelity, attempt by the respondent against the life of the petitioner, abandonment of the petitioner by the respondent without justifiable cause for more than one year.

I'm not sure of the reliability of that source but you can see here: http://bestphilippinelawyer.com/philippines-annulment/all-you-need-to-know-about-legal-separation-in-philippines/

Rules of legal separation in Canada are pretty relaxed. Here you can see some common myths about legal separation in Canada:

http://www.canadiandivorcelaws.com/legal-separation/

 

[jarry96]

CIC will recognize Canadian law and in this case you will be recognized as common law even if separated.

Personally, I find legal separation in the Philippines to be silly since it seems almost as difficult to get as an annulment. It also has to go through the court and pre-trial conferences. Rules of legal separation in Canada are pretty relaxed. Here you can see some common myths about legal separation in Canada:

http://www.canadiandivorcelaws.com/legal-separation/

I knew divorce was next to impossible without resorting to bribes but I never realized that a simple separation has been made to be extremely difficult in the Philippines! This is the only country left in the world with this crazy system; how does the Catholic church keep such power?

I am aware that the government is now starting the discussions to finally get a divorce law here, but in the meantime Philippine people who are getting married for the first time should apply pressure to get the system changed so it will be fair for everybody by refusing to get married in the church and simply live together in a common-law relationship.

 

[brookslakeside]

my case is that im married and not legally separated in the philippines and we are applying under conjugal we tried annulment but its already 2yrs with no result were stalled by the suspension of cases in imus cavite last yr until now ???

heartbreakid, we got the same case, i filed my annulment last may 2010 and my psychiatrist missed the court hearings 3x alsready and he is supposed to be my last witness. this is causing me and my partner a lot of stress and financial difficulty. is it possible for us to apply for conjugal since we have pending annulment cases? i`m just bummed. it looks like my annulment case if i`m lucky will be done next year.

 

[Steph C]

heartbreakid, we got the same case, i filed my annulment last may 2010 and my psychiatrist missed the court hearings 3x alsready and he is supposed to be my last witness. this is causing me and my partner a lot of stress and financial difficulty. is it possible for us to apply for conjugal since we have pending annulment cases? i`m just bummed. it looks like my annulment case if i`m lucky will be done next year.

That's what we did. We began to see that the annulment would never come through and filed as Conjugal.

 

[brookslakeside]

That's what we did. We began to see that the annulment would never come through and filed as Conjugal.

I think we will do the same thing Steph C and be prepared for another long wait but it`s okey. We are still gathering more evidence to hopefully strengthen our case because it`s very hard for my partner to come and visit because of his medical ailment. I hope after the RH bill, Filipino lawmakers will take a serious look in passing a Divorce bill in this country.

 

[Steph C]

I think we will do the same thing Steph C and be prepared for another long wait but it`s okey. We are still gathering more evidence to hopefully strengthen our case because it`s very hard for my partner to come and visit because of his medical ailment. I hope after the RH bill, Filipino lawmakers will take a serious look in passing a Divorce bill in this country.

Even if they pass the bill I can't see divorce being any less bull then annulment is now!

 

[Dim]

Hello everybody
Excuse me, I want to take your opinion on my case
I knew my Canadian boyfriend on September 2011 through internet, we have been meeting through Skype everyday till now, and we wrote hundreds of mails, SMS, calls, .........etc.
He can't take a visa to visit me as I am in Saudi Arabia and there is NO a tourism visa at all.
He sent me a visit invitation on March 2012 to visit him in Canada, and I submitted an application for visit visa but it is rejected
We have met on South Africa for the first time on September 2012 ( after exactly one year) to make our same-sex-marriage to be able to apply for family sponsorship as spouse , but unfortunately my boyfriend forget to get the prove that he is single and we couldn't make the marriage.
It was very difficult to make another trip to South Africa, so we decided to apply as conjugal partnership as we completed one year,
We submitted the application with the proves of the relationship which are ( first chat photocopy on Badoo site, Skype logs, SMS logs, hundreds of Emails photocopies, airplane tickets photocopies, plane's seats numbers, hotel reservation , letters between us and marriage officers to arrange our marriage which is not completed, support letters from 6 friends and family members of my boyfriends to explain our relation, photocopy of the rejection of the visit visa document and the invitation from my friend, personal photos with my boyfriend and with his friend who came with him to south Africa)
We submitted on October 2012 after 13 months since we knew each other, we got the approval on December 2012, then we applied to Quebec (CSQ) and we got the approval on January 2013.
So I want to ask if we are still in risk area and we could be will rejected.
And what we can make more to support our situation to have a bigger chance?
Thank you so much I will appreciate your help

 

[BC_guy]

Hello everybody

So I want to ask if we are still in risk area and we could be will rejected.
And what we can make more to support our situation to have a bigger chance?
Thank you so much I will appreciate your help

Yes there is a big risk you could be rejected, as conjugal is most difficult category to prove. How can you increase your chances?
Ensure you have strong evidence in the 3 main areas:

1) Emotional dependence on each other
2) Social perception. Do family and friends see you as a couple?
3) Financial affairs - are they integrated at least partially?

Number 2 may be difficult if you can't be together in each others country. So what other evidence can you provide beside letters of support? Does family chat with your BF along with you on Skype? Take screen shots. Any other proof...?

Number 3 - do you have a joint credit card or bank account? Are either or both of you named as beneficiaries for insurance, wills, etc. Do you make joint purchases?

You must do everything you can to demonstrate a "married-like" relationship. Hope this helps. Of course if your marriage had been successful, this would eliminate the need for much of this proof. You should fully expect a letter requesting more evidence. Good luck with your application.

 

[Dim]

:

1) Emotional dependence on each other
2) Social perception. Do family and friends see you as a couple?
3) Financial affairs - are they integrated at least partially?

Thank you so much for your help
Could you please explain more what we can do more exactly regarding these points?
I just want to explain that gay orientation is a big crime in my society, therefore, I can’t tell any of my family members or my friends about our relationship, in contrary, my BF always talk about me to all of his friends and his family members. They all know me very well
We live too much far from each other and we can meet only on third country, he can’t visit me here and I can’t visit him in Canada, Therefore, I can’t share him purchase in Canada while I can’t enter Canada, and the same for him.
We tried to make a joint bank account, but in the bank said I must be in Canada to open it
Do you think if I explained these things when they request additional proves is enough?
Please if you can suppose what I can do
Thank you so much for your great help

 

[BC_guy]

Thank you so much for your help
Could you please explain more what we can do more exactly regarding these points?
I just want to explain that gay orientation is a big crime in my society, therefore, I can't tell any of my family members or my friends about our relationship, in contrary, my BF always talk about me to all of his friends and his family members. They all know me very well
We live too much far from each other and we can meet only on third country, he can't visit me here and I can't visit him in Canada, Therefore, I can't share him purchase in Canada while I can't enter Canada, and the same for him.
We tried to make a joint bank account, but in the bank said I must be in Canada to open it
Do you think if I explained these things when they request additional proves is enough?
Please if you can suppose what I can do
Thank you so much for your great help

For social evidence, normally CIC does not accept an excuse that your family or others do not approve of same sex relationships. But your situation is different. Since it is a CRIMNAL OFFENCE in your country... you need to use this fact to your advantage on your application. You should submit documented proof that this is against the law. That would entitle you to omit much of the usual social evidence.

But you would still need to prove your emotional dependence on each other (normally sending a sample of emails and personal written letters by both of you explaining what this relationship means).

Combination of financial affairs is also important. I already gave you examples in my previous post. Hope this helps.

 

[Dim]

For social evidence, normally CIC does not accept an excuse that your family or others do not approve of same sex relationships. But your situation is different. Since it is a CRIMNAL OFFENCE in your country... you need to use this fact to your advantage on your application. You should submit documented proof that this is against the law. That would entitle you to omit much of the usual social evidence.

But you would still need to prove your emotional dependence on each other (normally sending a sample of emails and personal written letters by both of you explaining what this relationship means).

Combination of financial affairs is also important. I already gave you examples in my previous post. Hope this helps.

Thank so much for your great help! it really helped me.
Best wishes

 

[embopj]

open a join account in Manila -BDO is the best
records of phone calls (bill)
try to check the 1st page of this forum