divorce before submission of PR application

[ellejnoc]

to laranel:where can i ask for help to help me with file my divorce.i live in halifax nova scotia.got no money to pay for the lawyer.can u help me or give me the link where i can ask for free assistant?please.thx..

 

[unitedbritishphilippines]

If I understand correctly, there was an existing marriage before you got married, that means that your marriage with your husband is ab initio or invalid from the start. That means you are single and you dont need to file a divorce. But in case you will file a divorce, its better that you talk it out with your husband so that an uncontested divorce may be filed. In case you obtained a uncontested divorce decree you must include it in your application for OWP/PR together with the custody agreements if you have children. BUT IT IS VERY IMPORTANT TO REMEMBER THAT THE DIVORCE DECREE OBTAINED BY FILIPINO CITIZEN ANYWHERE IN THE WORLD IS NOT VALID IN THE PHILIPPINES. In order for a divorce decree to be valid in the Philippines, one party must already be a Canadian citizen before the filing of the divorce and the other Filipino spouse should file before the Regional Trial Court of his/her area for A JUDICIAL RECOGNITION OF FOREIGN DIVORCE DECREE.

 

[singlemom]

hello again to everyone..... im so confused of what to do.... im planning to submit my application on nov 2011 and never put my ex-husband name just our daughter but won't pay yet for her cos im worried about my husband's cooperation, what if i attach a letter of explanation about my situation together with the record came from National Statistic Office of the Philippines that he has two marriage record? will it help for me not to file a divorce yet? Because to be honest, i don't have a budget for the divorce and as of now im saving money for my extension of work permit (expire Jan 2012), PR and OWP application and of course gathering all documents that I need to attach in my application. and still im the bread winner of the family, supporting my sister who's in college and my niece and nephews in highschool. Sorry for sharing my situation....thanks for those untiring help and advise that you post.

 

[laranel]

it will help if you will file your divorce before you submit your application for OWP and PR on Nov 2011... or if you have proof about the broke down of your relationship you can submit it with your application...

yeah you don't need to include your husband in you application because you are separated and he is not a family member anymore... because that is what i did in my application that i submitted last oct 2010, so far i didn't receive any questions from CIC, they are processing my application right now.. i hope it helps..

 

[galaxy15]

u can phone also the salvation army ofis ask for free legal advice its free for 1hr but u need to wait for the sced..i had same situation with u i get the application kit devorce for 20$ in the court..every province is diff.so... i didnt submit my application yet coz my papers for PR still on process i just dont want another stress if my ex wont cooperate..its up to u if u want to do it now... 1st.step get the kit filup the form make 3 copy each then bring it back to the court pay 120$ then they will stump the application 1 copy for u 1 copy for ur ex and 1 copy for the court after that u will serve to ur ex in the philippines (rite?) then thier is served letter include in that kit need to notorize it. maybe one of ur family deliver that copy to ur ex then send it back the notorize copy for u.. then all the remaining papers in that kit and the nototize that they send here take it back to the court for the 3 step then the wait for the decision... take note,,,dont include your property and ur kids wen u file a divorce just make a note that u have a verbal agriment to ur ex regarding the kids and property ok if u had any question send me message on my inbox maybe i can help u to answer some question that i know gudluck

hi! This is an old post but still hoping I can ask you question regarding my situation, almost the same like yours. Is there anyway I can private message you? thank u and God Bess

Hi!

 

[HONEYGIRL]

hi! This is an old post but still hoping I can ask you question regarding my situation, almost the same like yours. Is there anyway I can private message you? thank u and God Bess

Hi!

@galaxy15 ,,,,i did message u in ur inbox check it u can reply there

 

[galaxy15]

u can phone also the salvation army ofis ask for free legal advice its free for 1hr but u need to wait for the sced..i had same situation with u i get the application kit devorce for 20$ in the court..every province is diff.so... i didnt submit my application yet coz my papers for PR still on process i just dont want another stress if my ex wont cooperate..its up to u if u want to do it now... 1st.step get the kit filup the form make 3 copy each then bring it back to the court pay 120$ then they will stump the application 1 copy for u 1 copy for ur ex and 1 copy for the court after that u will serve to ur ex in the philippines (rite?) then thier is served letter include in that kit need to notorize it. maybe one of ur family deliver that copy to ur ex then send it back the notorize copy for u.. then all the remaining papers in that kit and the nototize that they send here take it back to the court for the 3 step then the wait for the decision... take note,,,dont include your property and ur kids wen u file a divorce just make a note that u have a verbal agriment to ur ex regarding the kids and property ok if u had any question send me message on my inbox maybe i can help u to answer some question that i know gudluck

Apparently I can not send a private message. Pls email me at didayeshoppe@yahoo.com. I just want to know the necessary steps to file a divorce. I'm doing a do it yourself because I can not afford to hire a lawyer. Thank you

 

[unitedbritishphilippines]

Case in point for single mom,

1. If the previous marriage is still existing and was not declared invalid by the court therefore your marriage with your husband is null and void ab initio or without validity from the start. If that is the case, why would you want a divorce???? YOU ARE NOT MARRIED TO HIM PERIOD. Divorce is just a remedy for people who are married. Divorce wont correct the issue at hand.

 

[singlemom]

hello unitedbritishphilippines,

What paper should I send to the Immigration? I have a record from National Statistic Office (Philippines) showing that HE has 2 marriage record, is that enough as proof? a friend of mine told me to get in touch with the first wife for me to prove that they are legally married by the time of our wedding. Please......guide and help me........

Thank you so much for your advise.......

 

[job_seeker]

Your marriage was void ab initio but it has to be declared "null and void" in the Philippines. It still has to go through court proceedings.

http://www.scribd.com/doc/6369977/Philippines-Annulment-or-Nullity-of-Marriage-Annulment

"Declaration of Nullity on the other hand, states that the marriage is void or did not even legally exist in the first place. A Filipino or Filipina can marry again once there is a final judgment from the court that declares the marriage as null and void from the very beginning. The case that will befiled is what we call "petition to declare the marriage as null and void" and commonly called as"petition for nullity of marriage". Hence, for the purposes of remarriage, a void marriage must be declared and there must be a Judicial Declaration of Absolute Nullity of a prior subsisting marriage before contracting another"


There is an online link (Ask a Lawyer Online Now) with this page web page. Maybe you can ask what you can do and I guess it's free.

hello unitedbritishphilippines,

What paper should I send to the Immigration? I have a record from National Statistic Office (Philippines) showing that HE has 2 marriage record, is that enough as proof? a friend of mine told me to get in touch with the first wife for me to prove that they are legally married by the time of our wedding. Please......guide and help me........

Thank you so much for your advise.......

 

[sohney]

@laranel,
did cic took any interview before issuing owp to u?
I filed my owp n pr card application oct2010.I mentioned my husband's name n my son's name inmy family but didn't apply for their pr card.After submitting my application I filed my divorce .I got my divorce ceritificate in nov2011 ,I already mailed that to cic.
Its almost 16 months to being submitted my application but didn't get any letter from cic.I hope everything would be fine.

 

[sohney]

is there any one with same situation as mine.

 

[HONEYGIRL]

same thing i didnt get any frm cic when i submit my divorce certificate nov. last yr. but i pay the fee for my son last month and i got my owp last yr dec too same with you so i think no problem bout it ahh but i didnt put my ex name in my application for PR 2010

 

[joythomas]

I think you should talk to your husband about their older one if he is forget her than this is good either you should take some advice from your lawyer...a lawyer can helps you to solve this problem..because last year I've lived through.