Divorced in Canada, still married in the Philippines

[marivic_202]

Hi there, I NEED HELP PLEASE! Anyone who knows about the Canadian and Philippine law, I would greatly appreciate it if you could suggest me what to do about my case. I'm a Canadian citizen now and currently married to my Canadian born husband. My case is, I was married in the Philippines long time ago, my relationship with my ex-husband didn't work out so I filed for divorce when I was still a permanent resident. The divorce was granted here in Canada even without the approval of my ex-husband. Right after the divorce, (I was still permanent resident), I married my second husband. According to what I've searched (not sure how accurate though), Philippine law wont honor the divorce if it's filed when my status was still PR here in Canada. So it means, I'm still married in the Philippines but divorced here in Canada. My ex-husband is still bothering me until now. My questions are:

1) Can he sue me here in Canada for bigamy since I'm still married in the Philippines?
2) Do you think my marriage here in Canada is legit?
3) In the near future, if I plan on visiting my families back home for few weeks or a month, Can he sue me there in the Philippines for bigamy? Does it make any difference that I'm a Canadian citizen now? Am I going to get in trouble if I go home? Does anyone know about the Philippine law?
4) Can I still apply for annulment back in the Philippines even after my marriage now?

PLEASE ANYONE CAN HELP ME. I WOULD GREATLY APPRECIATE IT. THANKS A LOT IN ADVANCE.

 

[PMM]

Hi

Hi there, I NEED HELP PLEASE! Anyone who knows about the Canadian and Philippine law, I would greatly appreciate it if you could suggest me what to do about my case. I'm a Canadian citizen now and currently married to my Canadian born husband. My case is, I was married in the Philippines long time ago, my relationship with my ex-husband didn't work out so I filed for divorce when I was still a permanent resident. The divorce was granted here in Canada even without the approval of my ex-husband. Right after the divorce, (I was still permanent resident), I married my second husband. According to what I've searched (not sure how accurate though), Philippine law wont honor the divorce if it's filed when my status was still PR here in Canada. So it means, I'm still married in the Philippines but divorced here in Canada. My ex-husband is still bothering me until now. My questions are:

1) Can he sue me here in Canada for bigamy since I'm still married in the Philippines?
2) Do you think my marriage here in Canada is legit?
3) In the near future, if I plan on visiting my families back home for few weeks or a month, Can he sue me there in the Philippines for bigamy? Does it make any difference that I'm a Canadian citizen now? Am I going to get in trouble if I go home? Does anyone know about the Philippine law?
4) Can I still apply for annulment back in the Philippines even after my marriage now?

PLEASE ANYONE CAN HELP ME. I WOULD GREATLY APPRECIATE IT. THANKS A LOT IN ADVANCE.

1. No.
2. Yes, as you have received a divorce in Canada that was valid.
3. Maybe, talk to a lawyer, I don't know if there is a bigamy law in the Philippines.
4. Sure if you want, not necessary though.

 

[marivic_202]

Thanks a lot PMM, appreciate it. Still looking for someone to talk to about the Philippine law.

 

[Lammawitch]

To add to what PMM said:

Foreign divorces can be recognised by the Philippines, but it's not automatic: you have to apply to the court there. Consult a lawyer in the Philippines. The fact that you were a PR & not a citizen *might* be a factor there. However, that does not affect the legality of your divorce & remarriage in Canada.

Concerning the possibly of an annulment, and recognition of your CDN marriage in the Philippines, same advice as above, consult a lawyer there (but yes, you can apply for an annulment).

 

[mhakel_25]

Hi there, I NEED HELP PLEASE! Anyone who knows about the Canadian and Philippine law, I would greatly appreciate it if you could suggest me what to do about my case. I'm a Canadian citizen now and currently married to my Canadian born husband. My case is, I was married in the Philippines long time ago, my relationship with my ex-husband didn't work out so I filed for divorce when I was still a permanent resident. The divorce was granted here in Canada even without the approval of my ex-husband. Right after the divorce, (I was still permanent resident), I married my second husband. According to what I've searched (not sure how accurate though), Philippine law wont honor the divorce if it's filed when my status was still PR here in Canada. So it means, I'm still married in the Philippines but divorced here in Canada. My ex-husband is still bothering me until now. My questions are:

1) Can he sue me here in Canada for bigamy since I'm still married in the Philippines?
2) Do you think my marriage here in Canada is legit?
3) In the near future, if I plan on visiting my families back home for few weeks or a month, Can he sue me there in the Philippines for bigamy? Does it make any difference that I'm a Canadian citizen now? Am I going to get in trouble if I go home? Does anyone know about the Philippine law?
4) Can I still apply for annulment back in the Philippines even after my marriage now?

PLEASE ANYONE CAN HELP ME. I WOULD GREATLY APPRECIATE IT. THANKS A LOT IN ADVANCE.

Hello po.. same po tayu ng situation. Ask lng po if anu ngyri? Nag file po ba kyu ng annualment? Or na recognized divorse nyu? Slmat po

 

[Kaibigan]

Hello po.. same po tayu ng situation. Ask lng po if anu ngyri? Nag file po ba kyu ng annualment? Or na recognized divorse nyu? Slmat po

The person you are asking has not been seen on this forum for 8 years, so not likely you will receive an answer.

If your situation is the same, here are my thoughts.

The original poster expressed her concern thus:

Hi there, I NEED HELP PLEASE! Anyone who knows about the Canadian and Philippine law, I would greatly appreciate it if you could suggest me what to do about my case. I'm a Canadian citizen now and currently married to my Canadian born husband. My case is, I was married in the Philippines long time ago, my relationship with my ex-husband didn't work out so I filed for divorce when I was still a permanent resident. The divorce was granted here in Canada even without the approval of my ex-husband. Right after the divorce, (I was still permanent resident), I married my second husband. According to what I've searched (not sure how accurate though), Philippine law wont honor the divorce if it's filed when my status was still PR here in Canada. So it means, I'm still married in the Philippines but divorced here in Canada.

I think she was right to be worried about "Philippine law wont honor the divorce if it's filed when my status was still PR here in Canada." The Phils foreign divorce recognition law is designed to "avoid the absurd situation where the Filipino spouse remains married to the alien spouse who after a foreign divorce decree that is effective in the country where it was rendered, is no longer married to the Filipino spouse. The provision is a corrective measure to address the anomaly where the Filipino spouse is tied to the marriage while the foreign spouse is free to marry under the laws of his or her country.”

Phils law won't allow a Filipino to divorce another Filipino by using the divorce laws of another country. So, what I see in the case of the OP, is that is exactly what she did. She was married in the Phils to a Filipino. She went to Canada and became a permanent resident. She divorced her Filipino husband in Canada while a PR and not a citizen. She was therefore a Phils citizen at the time. I would say the divorce won't be recognized in the Phils in that case.

So, if your situation is same, a Canadian divorce won't help. You will be looking at annulment in the Phils, at least if you want to be free to marry there or be regarded as no longer married there.

For some info on topic I believe to be accurate, see:

https://deborjalaw.com/recognition-of-foreign-divorce/