Separation/Divorce - Philippines

[Gumper]

After less than a year together in Canada my Filipina wife and I have decided (amicably) that maybe marriage wasn't meant for us. Sad situation but need to face the reality. Her mother lives in the US & we are going to see if she can sponsor her down there; the odds are probably better if she is 'single' rather than married, so we will need some kind of annulment / divorce from the Philippines (where we were married). Does anyone have an idea how to do that / can we do it without actually going there? (For anyone knowledgeable in the area, another question: can she apply for a US visa while living in Canada or will she have to return to the Philippines?)

 

[justquestions]

After less than a year together in Canada my Filipina wife and I have decided (amicably) that maybe marriage wasn't meant for us. Sad situation but need to face the reality. Her mother lives in the US & we are going to see if she can sponsor her down there; the odds are probably better if she is 'single' rather than married, so we will need some kind of annulment / divorce from the Philippines (where we were married). Does anyone have an idea how to do that / can we do it without actually going there? (For anyone knowledgeable in the area, another question: can she apply for a US visa while living in Canada or will she have to return to the Philippines?)

You can file for divorce in Canada. The divorce will be valid as long as it's the Canadian spouse who files the divorce.
Yes she can apply for US from Canada.

 

[Gumper]

Just looked on government site, it says one of the conditions for divorce is "if either or both of you have lived in a Canadian province or territory for at least one year immediately before applying for a divorce". We're only 7 months in. Guess we'll look at feasibility of doing it via Philippines after all.

 

[Ponga]

Sorry to hear this. I wish you both the best during this difficult time in your lives.

I Agree with the previous poster.

Divorce can be had in Canada between a Philippine citizen and foreign citizen ONLY if it is instigated by the non Philippine spouse. The Philippines will not recognize a foreign divorce instigated by the Filipino -- only if initiated by the foreign citizen.

Here's a link that may be helpful:
http://www.hg.org/article.asp?id=20090

For Filipino couples, neither of the parties may avail of divorce from anywhere in the world, the reason being Article 15 of the New Civil Code which states that “Laws relating to family rights and duties, or to the status, condition and legal capacity of persons, are binding upon citizens of the Philippines even though living abroad.” This means that, as enumerated by law, matters pertaining to Filipinos’ family rights, duties, personal status, condition and legal capacity are dictated by Philippine law, and these laws will follow Filipinos anywhere they may be. And since Philippine law does not allow divorce, this law goes with them wherever they reside.

The above rule, however, admits of exceptions. One exception when divorce can be recognized in the Philippines is in cases of mixed marriages or marriages between a Filipino and a foreigner. In such cases, the foreign spouse may avail of divorce from his own country or from any other country which his own State will recognize. This is anchored on the 2nd paragraph of Article 26 of the Family Code of the Philippines which provides that “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.”

The two elements for the application of the above provision are: (1) there is a valid marriage that has been celebrated between a Filipino and a foreigner; and (2) a valid divorce is obtained abroad by the alien spouse capacitating him or her to remarry.

Traditionally, the above rule is applicable only to mixed couples. Now, however, the rule has been expanded to include cases of Filipinos who have been naturalized as foreign citizens and thereafter obtain a valid divorce.

 

[Gumper]

Thanks Ponga for the info and the empathy. Trying times indeed.

 

[jerryca]

The other issue in Canada (or at least in Ontario) is that in order to file for divorce, you must be legally separated for at least one year.

 

[Ponga]

Ooops...I totally forgot about that!

Even running off to Vegas wouldn't help:

The Divorce Act of Canada provides the following provision:
22. (1) A divorce granted, on or after the coming into force of this Act, pursuant to a law of a country or subdivision of a country other than Canada by a tribunal or other authority having jurisdiction to do so shall be recognized for all purposes of determining the marital status in Canada of any person, if either former spouse was ordinarily resident in that country or subdivision for at least one year immediately preceding the commencement of proceedings for the divorce.
In plain English, this provision prohibits people from running off to a foreign country for a weekend to get a divorce and hope that it can be recognized in Canada. The law in Canada is that at least one of the spouses must have lived in the foreign country for at least one year immediately before the start of the divorce proceeding. Needless to say, the divorce must also be granted by a competent court or tribunal in that foreign country.


So, it looks like she will not be able to apply for the U.S. Visa as single.

 

[jerryca]

that depends; "separated" is a recognized status that I would presume is equivalent to single

 

[truesmile]

Just looked on government site, it says one of the conditions for divorce is "if either or both of you have lived in a Canadian province or territory for at least one year immediately before applying for a divorce". We're only 7 months in. Guess we'll look at feasibility of doing it via Philippines after all.

Does not your quote say "either" of you? Either way you still need the full year of being separated, and it will still be faster here than filing in the Philippines. The way I see it, suppose you separate on May 15, 2015, you can file for divorce ahead of the one year so that when May 15, 2016 rolls around the divorce decree will be issued.

Sorry to hear.

 

[canadianwoman]

Agreed. It will be much quicker to get the divorce in Canada, even though you have to wait, than to try to get an annulment from the Philippines.

 

[meyoutogether143]

Sorry to hear this. I wish you both the best during this difficult time in your lives.

I Agree with the previous poster.

Divorce can be had in Canada between a Philippine citizen and foreign citizen ONLY if it is instigated by the non Philippine spouse. The Philippines will not recognize a foreign divorce instigated by the Filipino -- only if initiated by the foreign citizen.

Here's a link that may be helpful:
http://www.hg.org/article.asp?id=20090

For Filipino couples, neither of the parties may avail of divorce from anywhere in the world, the reason being Article 15 of the New Civil Code which states that “Laws relating to family rights and duties, or to the status, condition and legal capacity of persons, are binding upon citizens of the Philippines even though living abroad.” This means that, as enumerated by law, matters pertaining to Filipinos' family rights, duties, personal status, condition and legal capacity are dictated by Philippine law, and these laws will follow Filipinos anywhere they may be. And since Philippine law does not allow divorce, this law goes with them wherever they reside.

The above rule, however, admits of exceptions. One exception when divorce can be recognized in the Philippines is in cases of mixed marriages or marriages between a Filipino and a foreigner. In such cases, the foreign spouse may avail of divorce from his own country or from any other country which his own State will recognize. This is anchored on the 2nd paragraph of Article 26 of the Family Code of the Philippines which provides that “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.”

The two elements for the application of the above provision are: (1) there is a valid marriage that has been celebrated between a Filipino and a foreigner; and (2) a valid divorce is obtained abroad by the alien spouse capacitating him or her to remarry.

Traditionally, the above rule is applicable only to mixed couples. Now, however, the rule has been expanded to include cases of Filipinos who have been naturalized as foreign citizens and thereafter obtain a valid divorce.




Hi ,

Can I interrupt?
I heard similar situation like this ?
And I also want to help her as she's not from the forum.
Sad to say her husband neglected her anymore. And she's about to fly and everything ready. But her husband refuses her to come to canada and told her if she wants divorce just send him the papers that he needed to sign. He will not cooperate nor financial only the signature.
If ever she apply for annulment how long to wait or does she can apply an annulment in philippines even without a strong reason for their break-ups?

 

[Lauralbank]

After less than a year together in Canada my Filipina wife and I have decided (amicably) that maybe marriage wasn't meant for us. Sad situation but need to face the reality. Her mother lives in the US & we are going to see if she can sponsor her down there; the odds are probably better if she is 'single' rather than married, so we will need some kind of annulment / divorce from the Philippines (where we were married). Does anyone have an idea how to do that / can we do it without actually going there? (For anyone knowledgeable in the area, another question: can she apply for a US visa while living in Canada or will she have to return to the Philippines?)