Philippines divorce

[Delf]

I am trying to find some info on this as a excecutor of an estate.
Canadian man who was married common law here in Canada. Was legally separated and then common law marriage was anulled here in Canada.
He went to philippines and married a philipines woman there. He then came back to Canada because this is where he lives. He passed away and she wants estate. Marriage was 13 years he never went there and she never came here. She still lives there and has been married before in the Philippines and has kids from that marriage. The marriage certificate from the Philippines says single under there previous status. Being that you can not get a divorce in the Philippines and a annulmenyt is difficult to get. If she listed her status as single at the time of marriage would that make the marriage to Canadian man null and void? She never did move to Canada and I understand that he tried to bring her over but could not for some reason. Would the Canadian immagration office look into the marriage certificate and if they did would they have found out that she had been married before. If so then the marriage is not valid here in Canada so she would not be entitled to any part of estate.

 

[raecy]

I am trying to find some info on this as a excecutor of an estate.
Canadian man who was married common law here in Canada. Was legally separated and then common law marriage was anulled here in Canada.
He went to philippines and married a philipines woman there. He then came back to Canada because this is where he lives. He passed away and she wants estate. Marriage was 13 years he never went there and she never came here. She still lives there and has been married before in the Philippines and has kids from that marriage. The marriage certificate from the Philippines says single under there previous status. Being that you can not get a divorce in the Philippines and a annulmenyt is difficult to get. If she listed her status as single at the time of marriage would that make the marriage to Canadian man null and void? She never did move to Canada and I understand that he tried to bring her over but could not for some reason. Would the Canadian immagration office look into the marriage certificate and if they did would they have found out that she had been married before. If so then the marriage is not valid here in Canada so she would not be entitled to any part of estate.

Is canadian and Filipino wife no kid/kids? How she can marry someone again if she already married before? Because here in Philippines we required some documents which is (cenomar) - that is certificate of no marriage. There must be a proof that she was married. What your going to do is you ask this Filipino wife to provide marriage certificate from (NSO). And advisory of marriage. Maybe, just maybe this is the issue why she can't come to canada.

 

[Delf]

No there are no kids from their marriage. I found copies of email between them and she did say she was married. He asked her if she was divorces, she said no divorces are not allowed here. This was in the spring 2001. They were married in December 2001. I have found no papers from the Philippines about any annulment or anything to say here marriage was legally annul. Her husband there at that time was still alive. The marriage certificate state single as both their status.
If I understand you correctly in order for her marry him in the Philippines she would have to have a document that from Goverment saying that she was single? How could she get that if she had been married before?

 

[crzy_canadian]

No there are no kids from their marriage. I found copies of email between them and she did say she was married. He asked her if she was divorces, she said no divorces are not allowed here. This was in the spring 2001. They were married in December 2001. I have found no papers from the Philippines about any annulment or anything to say here marriage was legally annul. Her husband there at that time was still alive. The marriage certificate state single as both their status.
If I understand you correctly in order for her marry him in the Philippines she would have to have a document that from Goverment saying that she was single? How could she get that if she had been married before?

In the Philippines, just like in Canada, you need to be officially divorced/annulled before marrying again. If she was previously married, and not divorced or annulled before remarrying, then they were not legally married.

In the Philippines there is the PSA (Philippine Statistics Authority. Formerly NSO, National Statistics Office), all marriages are registered with the PSA. In order to secure a marriage licence, one must apply for a CENOMAR (certificate of no marriage record); the PSA checks their records to see if the applicant has a registered marriage; if no, CENOMAR is issued, if yes, then an AOM (advisory of marriages) is issued, listing current or previous marriages.

Edit:

To answer the question;

If she was in-fact already married, and not divorced or annulled I can think of a few possibilities:

a) Her previous marriage was not registered

b) She bribed someone when applying for a CENOMAR

c) An oversight or mistake made by the PSA

 

[Delf]

If she was married before and marriage was annulled or she was widowed what would it say on the certificate.
Certificate of marriage Civil status Single meaning never married
If widowed it would say widowed?
If annulled it would say what?
Do all marriage have to be registered? She did say she was married before. Her first marriage would be back in 1970-1976. If it wasn't registered how could I find a copy of her previous marriage, any idea?

I have told her that she would have go to a lawyer there to sign papers. I told her that she would have to bring proof of identity so I know it her I send money's to. She will not do that and says just send it to me. I of coarse will not do that. I have told her that I will pay for the lawyer, still no. I'm think she doesn't want to involve a lawyer because the lawyer may ask questions.
The Canadian man has kids so I need to find out if this marriage is legal. I have a copy of her birth certificate and the name of her ex. I will request marriage documents from e-census. Any other info would be helpful.
I do want to Thank you for your help I really appreciate it.

 

[crzy_canadian]

I'm no expert; so remember everything I say is to the best of my knowledge.

If she was married before and marriage was annulled or she was widowed what would it say on the certificate.
Certificate of marriage Civil status Single meaning never married
If widowed it would say widowed?
If annulled it would say what?
Do all marriage have to be registered? She did say she was married before. Her first marriage would be back in 1970-1976. If it wasn't registered how could I find a copy of her previous marriage, any idea?

I have told her that she would have go to a lawyer there to sign papers. I told her that she would have to bring proof of identity so I know it her I send money's to. She will not do that and says just send it to me. I of coarse will not do that. I have told her that I will pay for the lawyer, still no. I'm think she doesn't want to involve a lawyer because the lawyer may ask questions.
The Canadian man has kids so I need to find out if this marriage is legal. I have a copy of her birth certificate and the name of her ex. I will request marriage documents from e-census. Any other info would be helpful.
I do want to Thank you for your help I really appreciate it.

Here's an example of an AOM for a married person;

If this marriage were to be annuled, there would be an additional line, like so:

1. Date of Marriage:
Place of Marriage:
Name of Bride/Groom:
Remarks/Annotation: With Declaration Of Absolute Nullity Of Marriage

My understanding is that if the marriage was that far back, it's entirely possible the marriage was registered within the local registrar's office, but never with the PSA. I believe that the national registration is a more recent thing, within the past 20 years. In order to find it you'd then need to go to the local registrar for where the original marriage took place.

 

[canadianwoman]

Do not send her any money. If she was married in the Philippines, and cannot prove that that marriage was annulled before she married the Canadian, the marriage to the Canadian was not legal. In any case, she lied to get married to the Canadian, since she was not single. You have the emails from her stating she was married. You don't have to pay for the lawyer in the Philippines - she has to, if she wants one. Ask her for proof of the marriage to the Canadian, and for proof that her previous marriage was annulled. If she cannot provide this, she is not entitled to the money. If she can, then she is or may be entitled to some of the estate. If she can provide those documents, the children may want to hire a lawyer to ensure their interests are taken into account.

 

[Delf]

Thank you.
I can't get any records from e-census because they only give documents to the owners of the document. They require ID. So that's out. And it was over 20years ago. I am going to go through all the papers I can find try to find more info on her and her other marriage. I do have her place of birth so I may be able to find other places she lived. If I can find more info in the boxes of papers I will send her a email copy of them and tell her she must provide proof of her previous marriage being annulled. I may also look into a PI firm. Do you think that the Philippines consulate would help , there is one here but 4hr drive.

 

[canadianwoman]

You could also try getting the GCMS notes from the government about the deceased person. Generally you would need permission - since you are the executor of the estate, you should be able to get them for the man; you would have to ask her to sign something giving you permission to access the records as well, since they will also mention her. If you tell her you need this permission to prove the marriage, she might give it to you.
Information about the GCMS notes can be found here:
https://gcmsnotes.ca/

You could try contacting the Philippine embassy and see if they have any advice.