marriage not recognized

[JohnD62]

I am from Canada and tried sponsoring my wife who I married in Philippines but I was denied because my divorce was not yet finalized. I would like to reapply now that the divorce is complete and I know I need to submit a separation certificate or annulment papers to dissolve the Philippines marriage to remarry but what if we choose common law? Would we still need to get annulment for the philippine marriage?
confused!

 

[scylla]

If you chose common law then you don't need to worry about the annulment. Have you lived together for a minimum of one full year continuously?

 

[JohnD62]

good and interesting to hear that, we thought with cic discovering we are married that it would deny us common law sponsorship thank you - almost a year together..we studied the requirments, this was the only issue we were not clear of due to the application stating a divorce certificate or annulment needs to be shown, I suppose that is only for marriage then.

 

[Rob_TO]

good and interesting to hear that, we thought with cic discovering we are married that it would deny us common law sponsorship thank you - almost a year together..we studied the requirments, this was the only issue we were not clear of due to the application stating a divorce certificate or annulment needs to be shown, I suppose that is only for marriage then.

Read here: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
5.38. What happens if the common-law partner (principal applicant) is married to another
person?
Persons who are married to third parties may be considered common-law partners provided their
marriage has broken down and they have lived separate and apart from the spouse for long
enough to establish a common-law relationship – at least one year.

 

[CanadianAlien]

Had you just not got your Certificate of Divorce? Me and my spouse sweated about the same thing, despite both getting Divorce judgments (I divorced my UK spouse in Canada...don't ask long story, but someone kept my side of the bed warm). Neither of us had got round to obtaining the cert despite both being way beyond the required cooling off period to get them (30 days I believe), thankfully the local court told us we could email the clerk at the queens bench of the court that did our divorces and they would email us a copy of them stamped and signed (thus satisfying CIC). Glad to say the information was correct, We emailed our information separately (and no cost either) and within 24 hours we both had PDF's, which we printed and put in the pack, despite both being dated the day prior to the pack being sent both gave the original days the divorces came into effect. I know this doesn't help your particular case but someone searching the thread in the future might find this information handy, at the time Alberta Courts handled everything for us, other provinces..no clue.

 

[bassix]

What I don't understand is how you got married in the Philippines if you were not divorced yet. I thought to get married there you have to show that have been divorced by issuing your divorce papers. This is what I had to do. Maybe I am missing something?

 

[JohnD62]

Divorce was just not yet finalized, did not get certificate in time. was still able to get married in philippines. So now we married in Philippines but for CIC it is not legit. Seems weird to do common law while married but great that do not have to annul the marriage. This group is great .. thanks all.

 

[screech339]

I do think (my opinion) that you need to annul the second marriage. By keeping your 2nd marriage, you are committing bigamy (being married to two people at same time). As long as you are still waiting out the divorce, you are still committing bigamy if kept your second marriage papers legal.

 

[JohnD62]

Divorce is final now and the Philippine marriage, the CIC considers not valid, so idea is that common law will work. To annul marriage in Philippines I hear is expensive and cant take long. So we would rather avoid that if common law allows us to.

 

[Alurra71]

Divorce is final now and the Philippine marriage, the CIC considers not valid, so idea is that common law will work. To annul marriage in Philippines I hear is expensive and cant take long. So we would rather avoid that if common law allows us to.

Are you in Canada? If you are, then get married in Canada. It is then a legal marriage.

 

[CanadianAlien]

If I may, Did you have the divorce judgement, but just hadn't got the cert of divorce but got married in the philippines more than 31 days after the judgment was issued and neither party had objected?....then the wedding IS valid and you are free to marry at that time. Your cert of divorce should state "wedding of so and so, was ended on x date of x year...after that date you can marry.....I was so paranoid that we had committed bigamy that I asked a lawyer...that was his answer above to me.

I was confused as we did not have the cert in hand when we got married (neither of us) but he assured me once you went beyond the 31 days and neither party contested the judgment it was lodged and final, hence the clerk being able to just email us the cert within 24hrs when asked.

In your case Alurra71's suggestion is a good one, make an appointment and pop down the city hall...submit the new cert...problem solved.