my BF is divorcing his ex wife in Phil. can he be sued for bigamy if he marry me

[tinkerbell_13]

I am a PR of Canada and my boyfriend for 4 years now is here as a Temporary Foreign Worker, he's on the process of divorcing his ex wife for 6 years now (who also has a partner back in Philippines)... The notary public back in Philippines said he should not marry me soon here in Canada coz he can be sued for bigamy in the Philippines and if ever he goes back home Philippine Immigration can hold his departure coming back here in Canada ( according to the Philippine lawyer).... any ideas on this please? thank you!

 

[scylla]

You can't marry him until he is actually divorced.

If you marry him before he gets divorced, your marriage will not be recognized in Canada (for immigration or any other purposes) and he will be committing bigamy.

I can't comment on the laws in the Philippines.

 

[tinkerbell_13]

Hi sorry forgot to mention that we're planning to get married after the divorce... would he still be sued for bigamy? thanks!

 

[honeysweetie]

Hi sorry forgot to mention that we're planning to get married after the divorce... would he still be sued for bigamy? thanks!

Under Philippines Law there is no DIVORCE only ANNULMENT. If he's legally annulled (then he can marry again). It takes time to get annulled in the Philippines. If he got married in the Catholic Church then they will undergo long processing. Marriage annulment in the Philippines is an extremely difficult legal issue.

 

[honeysweetie]

you can ask more questions and look for answers here https://e-lawyersonline.com/

 

[friedbrains]

divorce proceedings can be from canada... as long as the wife back in the philippines is willing to sign the divorce papers, then the divorce will be recognized in canada, however as already mentioned, the divorce papers will not be recognized in the philippines... the only way out in the philippines is annulment... if you do not want to wait for the annulment in the phils. (because it does take time and it also takes a lot of money), you can still go ahead and get married in canada, as long as the divorce is done, and this marriage in canada will be accepted for any immigration purposes...

 

[Filipinay]

u can marry your bf here in canada..go to ur province' Family court law office, there's an info booth there that is willing to answer your questions. I live in Ontario, I have the same case as u are..I was married in the Phils, but relationship didnt end good.So I went to the Family Court Law office, I told the Lady about what my plan is..she gave me bunch of papers to fill out and have it filed in the Litigation office also in the same building..u will just have to pay i think less than $200 for the first part, wherein once u filled out the forms, and if ur bf still knows her address, and with the payment icluded, the Family court will serve the divorce paper back in the Phils.. now, she will be given 30days to respond or counteract..but if she didnt respond, it will b called uncontested divorce...so if i were u, go to ur nearest family court law building to have more clarity in this matter.. good luck!

 

[tinkerbell_13]

thanks for all the replies