Habibi said:
Hi there..
Could anyone help me out about my case as well.? That'll be appreciated.
I am filipina citizen & got married 4yrs ago back home. I filed my divorce here in canada.
So my Fiance and I planning to get married in different country, As I cant re.marry in the Philippines.
But my fiance is never been married and he is also a Filipino and working abroad. Since he never been married, could we get married back home or getting married outside Philippines would be a best option here.?
If some one has idea about our case. Please,please help us.
Thanks a lot..
Sis sorry to say this to you, If you are still a filipino citizen when you obtained your divorce in canada, then your divorce in the philipines wont be recognized, since we dont have divorce in the pphilippines.
Under Art. 26 of the Family Code, it is stated:
�Art. 26. All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they are solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35(1),(4), (5), (6), 36, 37 and 38.
Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law."
It is this second paragraph of Art. 26 that enables a Filipino spouse to remarry once his/her foreigner spouse obtains a divorce.
Alicia V. Sempio-Dy, in her book Handbook on the Family Code of the Philippines, explained the background behind the second paragraph of Art. 26:
�Under the second paragraph of the above Article, where a Filipino is married to a foreigner and the latter thereafter obtains a valid divorce abroad capacitating him or her to remarry, the Filipino spouse shall likewise have the capacity to remarry under the Philippine law.