DIVORCE, remarried in the Philipippines...were we in trouble?

[Confused3sia]

Hi Everyone,

Here is my situation, I got married here in Canada we are both Filipino citizen then I got divorced also here in Canada way back 1994 (we did not declare our marriage in Philippines nor in Philippine Consulate here in Canada). Then I became Canadian Citizen on 1996. In 2008 I remarried to the Filipino citizen in the Philippines. Now I am applying for my husband's spousal sponsorship. Is my first marriage and divorced in Canada doesn't affects our application?

I'm so confused because some said that our marriage is void because I obtain my divorce decree when I was a Filipino citizen and some said that it was fine because I'm already a Canadian citizen when I got married in the Philippines.

Is there anyone here who had a the same case like me? I'll really appreciate your advice or comment. Thanks...

 

[SandJ]

Re: Re married in the Philipippines, we're facing a big problem???

Hi Everyone,

Here is my situation, I got married here in Canada we are both Filipino citizen then I got divorced also here in Canada way back 1994 (we did not declare our marriage in Philippines nor in Philippine Consulate here in Canada). Then I became Canadian Citizen on 1996. In 2008 I remarried to the Filipino citizen in the Philippines. Now I am applying for my husband's spousal sponsorship. Is my first marriage and divorced in Canada doesn't affects our application?

I'm so confused because some said that our marriage is void because I obtain my divorce decree when I was a Filipino citizen and some said that it was fine because I'm already a Canadian citizen when I got married here in the Philippines.

Is there anyone here who had a the same case like me? I'll really appreciate your advice or comment. Thanks...

hello.
can i ask something, when you were filing for your marriage license in the philippines in 2008, were u able to get CENOMAR(certificate of no marriage/ SINGLENESS) or AOM (advisory on marriage)?What was in the certificate? were u married to your first husband?

im not a lawyer or expert( i only know basics that i think can answer your problem)

 

[SandJ]

Hi Everyone,

Here is my situation, I got married here in Canada we are both Filipino citizen then I got divorced also here in Canada way back 1994 (we did not declare our marriage in Philippines nor in Philippine Consulate here in Canada). Then I became Canadian Citizen on 1996. In 2008 I remarried to the Filipino citizen in the Philippines. Now I am applying for my husband's spousal sponsorship. Is my first marriage and divorced in Canada doesn't affects our application?

I'm so confused because some said that our marriage is void because I obtain my divorce decree when I was a Filipino citizen and some said that it was fine because I'm already a Canadian citizen when I got married in the Philippines.

Is there anyone here who had a the same case like me? I'll really appreciate your advice or comment. Thanks...

A divorce obtained by Filipino citizens overseas is not recognized in the Philippines.Filipino citizens are under Filipino law for marriage no matter where they live.You can not remarry in the Philippines until you file a petition for recognition of foreign divorce in the Philippines...Thus,say IF your marriage to your first husband was valid, the divorce that you filed in 1994 was void because u were a filipino citizen then, making your second marriage void. That is why i am asking what was in the CENOMAR/AOM you got in 2008.

i think in order for a marriage abroad to be recognized in the Philippines you would have to be remarried in the philippines, although for all intent purposes, the philippine government will accept and recognize your marriage certificate from Canada( if you filed it)

anyway, just stating what i know( i am not saying i am right). i hope someone can clarify this one for you.

 

[Confused3sia]

Re: Re married in the Philipippines, we're facing a big problem???

hello.
can i ask something, when you were filing for your marriage license in the philippines in 2008, were u able to get CENOMAR(certificate of no marriage/ SINGLENESS) or AOM (advisory on marriage)?What was in the certificate? were u married to your first husband?

im not a lawyer or expert( i only know basics that i think can answer your problem)

HI SandJ,

Thank you for a quick reply. Anyway they dont ask CENOMAR at all coz I'm not a filipino citizen anymore and as a canadian citizen the requirements the they asked are divorce decree, my passport and canadian citizenship card. I'm so worried now, what if my second marriage was void. Our application is in process now so there is a possibility that that CIC will refuse it. :'(

 

[SandJ]

oh right...

again,if you got married in Canada and not registered it in Philippines, you are free to marry in Philippines.anyway,my suggestion , why dont you get an advisory on marriage? That will basically answer if your second marriage is void and if its valid it will put your mind to rest.

 

[rjessome]

For purposes of immigration to Canada, the Canadian divorce WILL be recognized. Don't confuse Canadian law with Filipino law.

 

[SandJ]

there is your answer ms.confused.

again,like i said,,if you got married in Canada and not registered it in Philippines, you were free to marry in Philippines .You do not have to be a Canadian citizen to apply for a divorce in Canada.Thus, the first marriage was dissolved.Canada immigration will find out that but it shouldnt have an effect on your application because they recognize your divorce.

@ rjessome
i have a question,sir.For example,(just example),it was found out that she has two marriages in National Statistics Office, what will canadian immigration has to say with the validity of her marriage? Does Filipino law applies?I think it will but please enlighten us.

 

[Confused3sia]

For purposes of immigration to Canada, the Canadian divorce WILL be recognized. Don't confuse Canadian law with Filipino law.

there is your answer ms.confused.

again,like i said,,if you got married in Canada and not registered it in Philippines, you were free to marry in Philippines .You do not have to be a Canadian citizen to apply for a divorce in Canada.Thus, the first marriage was dissolved.Canada immigration will find out that but it shouldnt have an effect on your application because they recognize your divorce.

@ rjessome
i have a question,sir.For example,(just example),it was found out that she has two marriages in National Statistics Office, what will canadian immigration has to say with the validity of her marriage? Does Filipino law applies?I think it will but please enlighten us.

Hi rjessome and SandJ

But its really confusing, Im just thinking of "domino effect", I just found out through research ( not legal though) and like SandJ said, that the divorce decree obtain by a filipino citizen anywhere in the world are not acceptable or valid in the Philippines. And since the divorce decree that I have is null and void in the Philippines, there is a possibility that my 2nd marriage is null and void. Since my 2nd marriage is null and void the Canadian Embassy would might think that we're not qualified for spouse sponsorship? Hwaaaaa! Im gonna get crazy thinking about it!

And yes, SandJ is right. "WHAT IF"? For purposes of immigration to Canada, Does a Filipino law applies (regarding w/ my divorce decree) or does a Canadian law applies (the fact that I'm already a Canadian citizen at the time of marriage)? ???....

Thank you guys for being here w/ me,,,

 

[rjessome]

CANADIAN law applies for CANADIAN immigration.

Here's a question for you. If your Canadian divorce is considered null and void in the Philippines, how can you get married again in the Philippines?

 

[SandJ]

if i may answer for her( correct me if i am wrong,ms. confused)

in year 2008, she is already a canadian citizen.someone who is NOT a filipino citizen only has to present " Certificate of legal capacity to marry to contract marriage"( at the end of the document,there is a note : The embassy assumes no responsibility for the accuracy of the information provided in this affidavit) . Just like you said, do not confuse Canadian law with Filipino law. When she was in the Philippines to get married, filipino law applies. Also, it is her Filipino husband's validity of marriage that will be in question.
She got the certificate from the embassy,presented the copy of her divorce and her birthcertificate when she applied for marriage license and in 10 working days, she can marry anywhere in the Philippines.She was treated as a foreigner(e.i. overlooked her first marriage IF it was recorded and existed),thus "IF" the first marriage existed and you can find a record at the National Statistis Office, then again filipino law applies, her second marriage is null and void.

There had been many cases,where a foreigners(by birth) were previously married to a filipino(married in the Philippines),got divorced in their country of origin and can remarry in the Philippines and later be found out the their second marriage is null and void.Why? because they did not comply with the procedure in having the foreign decree of divorce judicially recognized here in the Philippines(anyway,this is a lengthy discussion) .

Again, from canadian immigration :The marriage must be valid under the law of the country where it took place and under Canadian law;

Ms.confused i hope i did not confused you more than you are now .I guess, no matter how we discuss this,the application of your husband is in progress now.We will just have to see, what will happen. God bless with your application.Just pray...

 

[Confused3sia]

CANADIAN law applies for CANADIAN immigration.

Here's a question for you. If your Canadian divorce is considered null and void in the Philippines, how can you get married again in the Philippines?

Thanks rjessome! That was one thing I'm putting on my mind now, "CANADIAN law applies for CANADIAN immigration" (thinking of this make me strong) coz if I think the other way around I'm really gonna get get crazy.

Like SandJ said, I was thinking that they overlooked my divorce decree and treated me as a foreigner.

 

[Confused3sia]

if i may answer for her( correct me if i am wrong,ms. confused)

in year 2008, she is already a canadian citizen.someone who is NOT a filipino citizen only has to present " Certificate of legal capacity to marry to contract marriage"( at the end of the document,there is a note : The embassy assumes no responsibility for the accuracy of the information provided in this affidavit) . Just like you said, do not confuse Canadian law with Filipino law. When she was in the Philippines to get married, filipino law applies. Also, it is her Filipino husband's validity of marriage that will be in question.
She got the certificate from the embassy,presented the copy of her divorce and her birthcertificate when she applied for marriage license and in 10 working days, she can marry anywhere in the Philippines.She was treated as a foreigner(e.i. overlooked her first marriage IF it was recorded and existed),thus "IF" the first marriage existed and you can find a record at the National Statistis Office, then again filipino law applies, her second marriage is null and void.

There had been many cases,where a foreigners(by birth) were previously married to a filipino(married in the Philippines),got divorced in their country of origin and can remarry in the Philippines and later be found out the their second marriage is null and void.Why? because they did not comply with the procedure in having the foreign decree of divorce judicially recognized here in the Philippines(anyway,this is a lengthy discussion) .

Again, from canadian immigration :The marriage must be valid under the law of the country where it took place and under Canadian law;

Ms.confused i hope i did not confused you more than you are now .I guess, no matter how we discuss this,the application of your husband is in progress now.We will just have to see, what will happen. God bless with your application.Just pray...

Yes SandJ, you answered in my behalf correctly. You did not confused me and I understand it. Yes, you are correct! since our application is in progress now, all I have to do is wait, hope and pray.

GOD BLESS YOU TOO GUYS! Thank you so much!!!

I will keep you guys posted...

 

[Confused3sia]

OH MY GOD! There is someone who PM'ed me who had an exact case like me, and they got approved!

I don't know why but I can't reply back to you...

 

[SandJ]

that is so great,ms confused!
You need to post a minimum of 10 posts(i think) on the forum to unlock the feature that allows personal messaging.
God bless

 

[Confused3sia]

that is so great,ms confused!
You need to post a minimum of 10 posts(i think) on the forum to unlock the feature that allows personal messaging.
God bless

Yes SandJ this was so great! ;D