Q. Hi! I’m Canadian Citizen. I’ve got my divorce long time ago and have received my Certificate of Divorce.
When I took my vacation in the Philippines. I met my classmate. He was my childhood neighbor. Then we fell in love to each other.
If I want to marry my boyfriend in the Philippines do you think we’re going to have a problem with that ?
He is single and Filipino Citizen. If we marry in the Philippines can we be granted a marriage of license even though I have a past record of subsisting marriage there? If we could marry would there be a problem to have him sponsor as my future husband? I’m confused. I really need your advice. Thanks. My name is LD.
Ans:
For as long as you obtained your divorce after you became a Canadian citizen, your marriage in the Philippines is deemed severed or terminated. And therefore you may contract subsequent marriage thereafter. So if you intend to marry your boyfriend, such marriage is legal and will be recognized in the Philippines, as divorce decree or judgment issued to a foreigner is recognizable in the Philippines. And if such marriage is legal, then you legal ground to sponsor him as your spouse.
The task now is to reflect your divorce and to annotate the same and have it recognized by the Philippines court. To do this, through your lawyer you have to file a petition in court in the Philippines for the recognition of a foreign judgment.
The proceeding is not adversarial or complicated. You only have to prove to the court in the Philippines, that you were already a Canadian citizen when you obtained the divorce, and the divorce was legally issued in accordance with Canadian law.
All these tasks require proper documentation as prescribed by the Rules of Court. Such that you need a lawyer in the Philippines to provide you the legal professional services.
Kindly take notice that the court proceedings have nothing to do with the issue of whether you can marry again or not. As earlier mentioned, being a Canadian citizen and a divorcee, you can legally marry with or without the imprimatur of the Philippine authorities or the Philippine Court. And such marriage is valid and binding.
The court proceeding referred to above is only a procedural process to have your divorce recognized by the Philippine court, so that your records in the NSO pertaining to your previous marriage will be rectified accordingly, especially if you intend to marry a Filipino citizen in the Philippines and the fact that you as the other party, have an existing marriage recorded in the NSO. And should you intend to sponsor your new spouse to Canada, and then you will not be confronted with this hassle in the future.
Thank you for writing and good luck.
# # #
Disclaimer: Batas Pinoy Corner Not Legal opinion:
Material placed on this corner is for the purpose of providing information only. It is not intended as practice of law or legal services. Although the writer believes this information to be accurate at the time it is first provided or as relayed by the person asking or soliciting the information from the writer. Such circumstances or understanding of the facts as conveyed to the writer by the sender may not actually reflect the ultimate facts or circumstances earlier represented and as understood by the writer.
This writer makes no representation, express or implied, as to the accuracy, completeness or timeliness of the information provided in this writing. The content provided by Batas Pinoy Corner is not meant to be a substitute for legal opinion. Always consult your lawyer or other legal professional for legal advice as regards to the information obtained in this column.