Q. Sumulat po ako dahil gusto ko malaman ang kasagutan sa matagal na gumugulo sa isipan ko. I think of asking legal advise sa mga lawyers but as of this moment I can’t afford to pay a lawyer’s fee.
I’m a legal resident of Canada. I’ve been here since 2006. I’m single and never been married. I have a boyfriend in the Philippines was separated(not living with his ex-wife anymore ) for 6 years now, but they are not legally separated in terms of papers since my boyfriend could not afford to pay a lawyer for the annulment of his existing marriage.
My boyfriend has three( 3) children. We are both getting older and we have been in relationship for a couple of years already. I’m planning to sponsor him and get married here. But my questions is ” Can I sponsor him and marry him here in Canada if his marriage in the Philippines is not yet annulled ? What should I do? I don’t want to wait until the time he can have his marriage annulled. I am getting old and I want to have my own family and children as well. Attorney, please guide me what to do. I am worried and confused. I’m so thankful to read your column and its so helpful to people who really needs legal assistance. Thank you and more power! ANTONNETTE
Ans:
Hi Antonnette. Salamat sa pag-sulat mo at pag-tangkilik ng ating Batas Pinoy corner. As to your queries, kindly take notice of the following:
1. Notwithstanding the de facto separation of your boyfriend for 6 years from his wife, there is no way that he can legally marry whether in the Philippines or in Canada.
2. Therefore as long as the marriage of your boyfriend in the Philippines or elsewhere is subsisting, I am sorry to say that your boyfriend don’t have the legal capacity to marry and his civil status right now cannot be used as a vehicle for you to sponsor him to Canada.
3. In order that you and your boyfriend can validly marry , it is necessary that an annulment of his marriage must be first secured in the Philippines. For this purpose, a petition for the annulment of marriage must be filed in the Family Court(Regional Trial Court(RTC) in the Philippines. You need the professional assistance of a lawyer in order to do this task.
4. In addition to the foregoing ,if your boyfriend can prove that for the last 6 years there was no communication or contact whatsoever with his spouse, he may file a petition in court for the Declaration of Presumptive Death of his spouse instead of a petition for the annulment of marriage. If the court will grant this, a subsequent marriage can be contracted by your boyfriend and on the basis of such marriage, you may be able to sponsor your boyfriend as your legal spouse.
Thank your for writing and good luck in your endeavor.
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