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Marriage Annulment & Divorce in the Philippines

Posted by Dave on Friday, February 20th, 2009

1 – My wife and I are Filipino citizens living overseas can we obtain a divorce in our country of residence?

Divorce is not acknowledged under the laws of the Philippines. Filipino citizens, no matter what their country of residence must follow the procedure indicated in the Family Code of the Philippines to have their marriage nullified or voided by filing a Petition of Annulment of Marriage before the pertinent Office of the Executive Clerk of Court of the Regional Court.

2- I am Filipina married to an American citizen. My husband obtained a divorce in the USA, am I now allowed to remarry?

No, divorce is not recognized in the Philippines. But this is a special circumstance which is covered by the Family Code of the Philippines:

ART. 26. All marriages solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35(1), (4), (5) and (6), 36, 37 and 38.

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.

Based on this the Filipino Citizen may now apply to have the foreign divorce validated by the courts of the Philippines and may marry again. To do this, the petitioner must show that the divorce was obtained in conformity of the foreign laws of the country of the foreign citizen.

Comments

My friend is a Filipino married to an American citizen here in the Philippines. His wife filed for divorce in the US. Would it be recognized here?

Jean, Your friend will have to file a Petition for the Recognition of a Foreign Judgment of Divorce at the Regional Trial Court.

I have a friend who got married to a Norwegian here in the Philippines. They just stayed together for more than a year but due to personally differences, they are now legally separated in Norway, according to Norwegian Law, divorced can be finalized after a year of legal separation, so the for the Divorce will be finalized around November 2009.

Since they are legally separated in Norway, she has not been granted extension to her Visa and has been asked to return to the the Philippines next month. Now, she is asking that he pays for her ticket and the annulment of their wedding here in the Philippines. They are both my friends and I would like to help them, we just all want fair treatment to all sides.

I have a couple of clarifications/questions:

1. How much in average does it cost to have an annulment here in the Philippines including the lawyers fee and the whole process and how long does it take?

2. Is annulment still necessary since the divorced would be finalized this November? Is the divorce in Norway not sufficient to free her to marry again?

3. What are the necessary steps to do to dissolve this marriage here in the Philippines so she could re-marry if she choose to, since she’s the only one bound by Philippine Law?

4. Since they are both in Norway, I was just wondering if you handle this kind of case and if yes, can one of them email you personally to ask for the total breakdown of cost, since she is leaving next month from Norway already. We hope that this could be settled in amicable manner.

Thank you in advance for your help and more power to your company.

Kahlua,

1 – For the cost of annulment in the Philippines please email us.

2 – 3, If your friend obtains a divorce overseas she may file a petition for the recognition of a foreign judgment of divorce at the regional trial court.

4 – We can assist with this case please have your friend contact us.

Dear Sir/Madam,

I would like to inquire about annulment like how long it will take, how much it will cost and what are the requirements that I need to submit?
Hope to hear from you at your earliest convenience. Thank you.

Angel

hello,

were looking for a lawyer who can represent us to do a separation agreement or amicable agreement. Do you engage in doing this said documents, my partner and I are in a same sex relationship. We need this letter for the application of her visa. Can you help us. thx

1. How do other countries treat divorces or annulments obtained abroad (Pakistan) by a Filipino citizen?

2. Can this person remarry in another country even if his marriage to his Filipino wife is not annulled in the Philippines?

3. Can a Filipino court overrule the decision on support and property matters that a foreign court made and which has been included in the Filipino’s petition for nullity of marriage?

Irene,

1 – Each country has its own laws and will treat the divorce or annulment obtained abroad differently.

2 – Maybe some countries will allow it but in the Philippines he will be considered a bigamist and can be charged with the crime of bigamy and risk from 6 to 12 years in prison.

3 – The Philippine court may or may recognize the decisions of foreign courts.

Re: presumptive death proceedings

i was married to a japanese man july 2006,he went back to Japan after we got married and since then i have’nt heard anything from him..Can i file presumtive death for purposes of re marriage? How long is the procedure and how much will it cost..

Hi! Thanks for the reply. I just want to know how long it would take to file for a Petition for the Recognition of a Foreign Judgment of Divorce at the Regional Trial Court and how much would it be? Thanks!

hi,
we both r Filipino married since seven years back. but i did this marriage for the happiness of my father. i have been never happy with this guy but i survived just to see my father happy and he just died last year. and my husband is abroad since last 3 years and her family is always threatening me and he too is always threatening me that i will do this and that to u. m asking him for divorce since last 2 years but he is not agreeing that. we have 2 kids. and m staying separate from him since 2 years. i have filled the form for cancellation of marriage last year but he is not agreeing to sign it. now m working abroad and my younger kid was with mom which he kidnapped. and he is using that kid to get me but i really dont want to go back to him. so tell me the right way to get my boy as he is just 2 years old and i want to get divorce from him. i will be very thankful to u. god bless.

Anne, A divorce obtained by Filipino citizens overseas is not recognized in the Philippines. Sorry, to hear about your son, you will have to hire a lawyer to discuss the possibilities.

I got married to an American citizen here in the Philippines way back June 16, 2002. He filed for divorce in the US and I already have a copy of the divorce and a letter from their church in Hawaii saying that our marriage is already void and null and I’m free to remarry again but I’m sure that is not valid here in the Philippine. What do I need to do and how much it will cost me for this procedure and how long it will take?

Marissa, A Petition for the Recognition of a Foreign Judgment of Divorce at the Regional Trial Court needs to be filed to a marriage in the Philippines dissolved.

I AM A FILIPINA CITIZEN AND 22 YEARS OLD RIGHT NOW. I GOT MARRIED WHEN I WAS 18 WITH MY FATHERS CONSENT BUT SINCE THEN MY MARRAIGE HAS GONE COMPLETLY WRONG. I HAVE A 4 YEAR OLD DAUGHTER AND RIGHT NOW I AM WORKING IN KOREA TO SAVE ENOUGH MONEY FOR AN ANULLMENT. MY HUSBAND HAS OUR DAUGHTER AND SAYS HE WILL NOT AGREE TO AN ANULLMENT. WHAT SHOULD I DO TO COMPLETE THIS ANULLMENT AND HOW MUCH DOES IT COSTS…….PLZ HELP

Hi..I am a Filipina and planning to get married to a pAkistani National. He is planning to marry me in philippines. Can he stay in philippines for long time when our marriage get done?Is there any documents needed?and if ever what documents? Thanks..

Chenny, Most people receive upon entering the Philippines a tourist visa valid for 21 days renewable for another 38 days and further be renewed for 59 up to a stay of one year. A foreigner who marries a Filipino may apply for a 13A visa to avail of permanent residency.

Hi! I got married last 1996 and same year I went to work to Saudi Arabia. In year 2001, my wife’s sister and mother called me that my wife had a relationship with another man. I applied for an emergency leave to confront this marital problem. But instead of separating with her, I got soft hearted because of my children growing without a mother. So before I went back to Saudi Arabia, I told my wife if she will do it again that I will leave her and I will take our children away from her and she agreed and promised.

In year 2003, again her sister and mother called me again and that had another relationship with a different man. This time I had enough. So I called my sister and some relatives to get my children out of her and without hesitation my wife gave our children to my sister.

It’s been six year that I dont have any relationship but recently I met somebody.

I have some questions:
1. I would to know if I could get an annulment with this grounds?

2. How much does it cost to have an annulment including the lawyers fee and the whole process and how long does it take?

3. Do I need to have an appearance in court? I’m still working abroad.

Bong, Infidelity is not grounds for annulment. Yes, you do have to appear in court at least once.

Hi,

I was once married to American. He filed divorce and I had my passport annotated from married to single. I also got annotated copy from DFA of my divorce certificate.

If I will have my foreign divorce recognized here in Philippines, how long will it take and how much is the cost

hi.. i just want to discuss my personal problem right now that i recently found out myself that bothering me the alot.
My problem is; way back in 1991, my parents and the parents of the guy that i married set me up to marry their son that i don’t loved. Becuase they thought i was pregnant. We went to the place where we swore and i thought that was not a valid bacause that man who married us is not even a judge. he is a fixer. But the guy who i supposed to married was dead due to vehicle accident in hongkong last 2002.
So, my point is i have record in the NSO that i am married this man in 1991. And now i am married to a US citizen man for almost 9yrs.
I am totally lost and i don’t know what to do of myself and my husband and my baby girl..because all my documents that i used are the last name of my US husband and i was in the US 3 times using his last name.
kindly tell me what to do and how can i fix this problem..???

X, I don’t understand your question. What is it that you want to know.

By Lourdes Neya on March 14th, 2009 at 7:23 am

Hi…my boyfriend for 10 years married a girl whom he does not love last march 1, 2009 in manila.,he had this affair with this girl sometime in November 2008 and the girl got pregnant. We are all working in Dubai and being pregnant without a husband here in Dubai is a crime. He accompanied the girl to the philippines promising me that he will not marry the girl because we were supposed to get married December 2008 and that he does not love this girl aside from the fact that he is unsure if that baby she’s carrying is of his. He just wanted to explain to the girl’s family that he is willing to take his responsibility as a father. During his stay in the philippines, the family of the girl threatened him, her father talked to him asking him to marry his daughter with a gun on top of the table. He threatened him that if he will not marry his daughter, he could not see even the nails of his alleged child….And so, they got married last March 1. Now, he is back here in Dubai, he told me he don’t know what to do now that he is married to a girl whom he does not love. He told me he is planning to have a DNA test of the child after her/his birth, which will be sometime on August 2009. Now, if it is not his child, will he be able to apply for annulment?…But if it is proven that it is his child, what other grounds can be considered in order for him to apply for annulment?…Can the forced consent be a ground?…Please help and enlighten us….really need your help in here no matter how much it will cost.

Lourdes, consent to marry obtained by force, intimidation or undue influence are grounds for annulment.

Hi,

I find this site very informative. Thank you for sharing and answering questions as much you can. I just noticed that the questions you seem to leave out is: how long it would take to file for a Petition for the Recognition of a Foreign Judgment of Divorce at the Regional Trial Court and how much would it be?

Could you answer this as well even with just a rough estimate on how much time and amount that would be needed for this process?

Id really appreciate your answer.

Thank you and have a good day!

Marianne

Hi..i was married with this man that i never love 1997 but we got separated for 9yrs without any communication coz he’s in the Phil. and im here in Thailand..i was forced to marry him by my parents himself that he will do suicide if am not gonna marry him..now i was asking him that i want to apply for an annulment..what if? he’ll not going to cooperate with this matter. is there any way or can i still apply for annulment or even a separation fact agreement?

Agnes, seperation is not grounds for annulment or legal seperation.

i was married last 2006 with my wife working in canada. in 2007, she met another guy there and filed for divorce so they can marry in canada. what ground should i have to file for annulment because i met also a girl i love and wants to marry her. Please help me.

Carl, it all depends if your was a Canadian citizen at the time of divorce. If she was Filipino at the time of divorce you will need to file an annulment. If she was Canadian you may file a petition for recognition of a foreign divorce. The most common ground for annulment is psychological incapacity, but you should consult a lawyer to see what is best for you.

what if my partners husband dont want to cooperate for the annulment. Would be the annulment case cant push though. thx

Hi,

I was civilly married with my ex-wife in the U.S. back in 2001. We then went to the Philippines in 2003 and had a church wedding in San Agustin. We filed a divorced in the U.S back in 2006 and was approved. I am now civilly married with my second wife and would like to know if it’s possible for us to marry in a church. I have a copy of my church marriage certificate but still trying to find out if we have a marriage record in NSO’s office. Please advise…

FYI:
I’m an american citizen and she was still a filipino citizen at the time we got married in San Agustin.

Thank you,

John, I am not knowledgeable in church law. It will all depend the denomination of the church where you wish to marry.

By ana riza s. andaya on March 21st, 2009 at 10:40 pm

good day,

does my uncle could possibly petition his divorced wife in the philippines?

here is his story…. my uncle now a lawful permanent resident of the united states of america divorced his wife in the philippines 10 years ago. Last year he visited the philippines from april to may 2008. During his stay here he happened to visit his divorced wife of more or less 18 years of no communication and the like. In his stay here he found out the divorced wife has forgiven him and is still waiting for him, longing that one day she would see my uncle again and if God will allow to be with him once again till the rest of her life.
my uncle got so touched with what his divorced wife had told him.
presently my uncle is now divorced with his partner in america for almost 5 years, my question is this, could he legally petition his divorced wife from the philippines? if so
what are the procedures, does he has to re marry her or their marriage stll exist because he divorces her while my uncle was not a us citizen yet and divorced is not accepted here.
help me please i am too, so touch with the wife sacrifices after the humiliation that my uncle brought to her there is still her love to him and longingness to be with him again, help her please…….

hoping you could help me as soon as possible thank you very much

Ana, It would be best you ask the American Embassy or an American Immigration lawyer to be sure.

i am a filipino citizen maried to a norwegian and do the church wedding here in the philippines we have both agree to file our anulment after a few months of our marriage but now she is in norway i am trying to email her but no respond at all! what would be the best thing to do in order pursue case in order for me to re marry!

Jason, if the grounds exist you may file a petition for annulment on the grounds of psychological capacity. Your wife does not need to be present at court.

I got married in civil and church last may 2007 my husband is a US citizen after he got married he flew back to US and right now his having an affair in the US his last visit here was August 2008. he already filed a petition but last year his petition was pended because of his marriages he cannot provide a divorce paper im not aware of his past ive just found out everything when he filed for the petition. Right now i want to end our marriage for nothing is happening with us i want my freedon so i can move on with a new life its hard on my part because im jobless is it possible that he file a divorce in the US? with my situation am i qualified to file for annulment? what possible grounds should i file ? i hope you can advise whats the best thing to do with my marriage.. thanks

Crissy, when a Filipino is married to a Foreigner and the Foreigner obtains a divorce overseas the Filipino may file a petition for recognition of foreign divorce to nullify her marriage.

march 25, 2009

i have been married for 15 years. we have been on an on-and-off marriage relationship (i left him only to go back because of our 3 kids). he has no work, and i do the earning for the family.

i left for the US because i know he can’t follow me here and he can’t threaten me anymore. i want to get divorced.

My questions are:
>can i do that (divorce) while in the US? Can i file it here?
>if yes, what happens if i go back home, am i divorced to him already?

please help.

thank you.

Bec, Filipino citizens are under Filipino law for marriage no matter where they live. A divorce obtained by a Filipino citizen overseas is not recognized in the Philippines. An American citizen married to a Filipino may obtain a divorce in the USA.

By Joanna F. on March 26th, 2009 at 2:40 am

Hello. I was a Filipino citizen, living in the Philippines, when I married my husband, also a Filipino citizen, in 1991. I moved to the U.S. in 1997, ending my marriage shortly after. I became a U.S. citizen in 2008 and would like to solidify my separation from my husband with an official divorce. Can I file for the divorce from California? If the answer is yes, is the process the same as a regular divorce, with forms that can be obtained and procedures that can be completed through an online service? Since I am now a U.S. citizen, will I be able to re-marry?

I appreciate any feedback and advice you can give. Thanks

Joanna, An American citizen married to a Filipino may obtain a valid divorce in the United States. Check with an American Lawyer on the procedure. American citizens living in the US are subject to US laws.

“Crissy, when a Filipino is married to a Foreigner and the Foreigner obtains a divorce overseas the Filipino may file a petition for recognition of foreign divorce to nullify her marriage.”

— does it mean that our marriage here will be null void even he filed for divorce overseas? where can i file a petition for recognition of foreign divorce to nullify our marriage.. thanks

Crissy, Once the foreign judgment of divorce is recognized by a Philippine court the marriage will be null. To file a petition for recognition of foreign divorce you should engage a lawyer. If you are in Metro Manila you may contact us.

I am a Canadian citizen who has met a Philippino woman in the Philippines. This woman is married to a Philippino man who has never lived with or supported this woman & has not consummated the marriage for the 3 years they have been married. If this woman was to join me in my country, can I legally marry her?

Carl, you can not marry a woman who is already married. The woman must file a petition for annulment and once the court issues a decree of annulment you may marry.

Hi,
my boyfriend has been separated for 4 years coming to 5 years already.he has plans of filing an annulment.he wants to know how much will be the cost?he also wants to find out what is the best thing to do coz his estranged wife doesn’t want to cooperate?kindly advise.

Thanks,
winnie

Winnie, ask your boyfriend to email us for a consultation. Email a Lawyer

I am a US citizen who was married in the philippines but have since filled for divorce in the US. The divorce was granted in 2007 and now i have met another filipina. What is the legal procedure so that I may legaly marry my new fiance?

David, if you intend to marry in the Philippines you must obtain from the US Embassy a document to prove that you have the capacity to marry (meaning you are single or divorced).

Thanks for the help I have all the papers from my embassy but the local municipal are telling me since I have already been married in the philippines that I cannot get married again there as I still show a valad marraige. Can file to have the divorce papers recognized or does it have to be my ex-wife? I was told by one lawyer that i had to file for annulment and told by another I ddnt have to do anything then read here about having a forign document recognized. It hard to get a straight answer when dealing with with most places in the Philippines as they dont deal much with foreigners.

hi,ive been divorce last june 2008 and i
already file my report of divorce of the philippine consul general in osaka,i receive a certificate of acceptance of notification of report of divorce,and my passport has been change to my single name,is annulment still necessary?and can i marry again?

Maricar, you can not yet remarry, you must file a petition for recognition of foreign divorce in the Philippines.

By Sonia C. Redoblado on April 12th, 2009 at 1:39 am

How much do you charge for a marriage annulment case in Metro Manila

hi.me and my live in partner we’re in abroad.we are both filipino. we been together 1year in half as of now im pregnant.he is separated 5years ago no communication at all w/ the girl,no baby. but he did’nt file any annulment papers.last year he went home it was accidentally the girl was there,she also abroad.my boyfriend was try to fixed everything,he went to the house of the girl but the girl didnt show up.the only reason why my boyfriend got there is to see to it if they can save there marriage or not.my boyfriend came back in abroad w/out any words from the girl.my question ,is there any possibility to get marry to my boyfriend,what is the legal action?…..thank you

Shane, your boyfriend must file a petition for annulment. Once the petition is granted you may marry him.

Iam a American citizen iam marred to a filipina and got a divorce here in the USA i have found and want to marry another filipina there in the Philippines.
Can i do that and how long will it take..

Sidney, your divorce will not be recognized in the Philippines. If your previous marriage was in the Philippines records will show that you are still married. You will have to file in the Philippines court a petition for recognition of foreign judgment of divorce.

Im a Filipina married to a korean.my husband obtain to divorce here in Korea and as ive gathered such information bout the Fil. married wth a foreinger that they need to file a petition for a Recognition of foreign judgement of divorce…just wanted to knOw How long does it take and hOw much it wOuld b?…thank you..

By anonymous320 on April 21st, 2009 at 6:18 am

my husband has been working in the US for almost 8 years. monthly support was provided sufficiently at first but for the last 2 years, it was lessened to child support alone which is very insufficient. what legal action should i consider?

anonymous320, you may file a case for support but only if he visits the Philippines will the case be able to proceed.

my ex-husband is an american citizen & we got married in the philippines & i became an american citizens since 1998.NOw,we got divorced & got the divorced decree.
My question now is: could i remarry a filipino citizen (in the Philippines)and petetion him or bring it here in the u.s.a? what happened our marriage in the Philippines? Do i need to file an annulment first before remarry him?

Maria, you can not remarry in the Philippines until you file a petition for recognition of foreign divorce in the Philippines.

By quickielove on April 23rd, 2009 at 11:28 pm

Hello there! I am a Filipino citizen and my boyfriend’s Filipino but an American citizen. i hope you can help me with my dilemma. I am pregnant with my boyfriend’s baby. The thing is, his divorce with his wife in the US is still ongoing. I am due to give birth in early Aug. He will come home here in Manila in July for us to get married before i give birth to our son. but then his last hearing in the US will be on June30 this year. Im wondering if we could still get married civilly in July? I mean would it be that quick to get his divorce decree there? if his divorce is still ongoing by the time we get married here in the Phils our marriage will not be valid right?

quickielove, you may not legally marry your boyfriend before his divorce is final. Doing so would make your marriage null and void.

Hi. I am separated about 18 years with my previous husband in the Philippines. I am Canadian citizen right now and had file for a Divorce here in Canada. I would like to know if I can buy a property in Philippines without the name of my previous husband in the title of certificate (upon release of my divorce papers)?

Teresa, your divorce will not be recognized in the Philippines until you file a petition for recognition of foreign divorce. Even upon release of your divorce papers in Canada, you are still married in the Philippines.

i married my wife last 2004, then few months later, her family starting to separate me from my wife then she do nothing about me, from then i never saw her again until now… We never had communication from 5 yrs, i tried to contact her but i cant reach her, and a news came up to said that shes been living with the other guy…

Question is can our marriage be null since we dont see each other for about 5 yrs and counting? as in no total communication .. as if nothing happend..

Ryan, not seeing or communicating with one’s wife no matter how many years does not nullify a marriage.

My BF and his ex-wife were married here in the Philippines almost 30 years ago. Both of them are now based in the US. They were divorced there in 2007, both of them were still Filipino citizens.

My BF is now a green card holder and we are planning to get married within the year. Should he file for an annulment here in the Philippines so we can get married here? Is a petition for recognition of divorce suffice instead?

Angel, as they are both Filipino Citizens, your bf will have to file for annulment.

i’m having a relationship now with someone who is not yet legally annulled from his marriage… but they are not cohabiting already for more than a year and they had a settlement before they parted ( not to intervene other’s life anymore ). and they were not able to have a chid… i know that leagally speaking i don’t have yet the right towards him but we’ve talked already to find ways and seek advices to proceed on annulment of his first marriage so we could go on with our lives. I just want to know what would be the best way or evidence to end up the tie connecting them… please do help me… thank you.

Grace, it would be best to explore an annulment on the grounds of psychological incapacity.

Could you please tell me how much will it cost to file a petition for recognition of foreign divorce

Best regards,

By confused on May 7th, 2009 at 6:58 am

hi! i was married on 1990 and i found out that my husband still married in the philippines, he filed his divorced on 1991, we went home and got marriend in church on 1992, i found out that his marriage still not annulled because when i checked through nso he was still married and our marriage was reported on 1991,our marriage in church was not even registered only our first marriage was reported, i don’t know if our marriage was legal at all we owned properties together there and abroad, please help

Confused, if your husband was still married to his first wife when you married him, your marriage is void from the start. A divorce obtained overseas by a Filipino citizen is not valid or recognized in the Philippines. You will have to consult with a lawyer as this is a complicated situation.

i was married to a korean guy for almost 6yrs. and we have two siblings.we parted ways two yrs ago because of his being irresponsible and brutal.irresponsible in a sense that since we got married he didn’t have any regular job.so i decided to send my kids in the Philippines so i can find a regular work here,because before i was trying to work and take care of them at the same time but i really had a hard time..so i thought that the best way is to send them in my country…right now i am planning to file a divorce and i want to ask if i will have chance of winning the trial and getting the custody of my two kids at the same time?

thank you and more power!!!

Labs, custody of young children is usually given to the mother. You must file for an annulment of marriage in the Philippines as a foreign divorce will not be recognized in the Philippines.

By confused on May 9th, 2009 at 7:08 am

thanks of your reply,i forgot to mentioned that my husband is already american citizen when he filed his divorce to his first wife, when i checked with nso still showed he is still married and our marriage abroad was reported to. he reported our marriage thru los angeles philippine consulate but that marriage was void because we got married before he even filed for a divorce, after he filed his divorce one month after he reported our marrige. then we went home and got married in church, does it mean that he already filed for petition for recognition of foreign divorce, can he do that thru philippine consulate? but whey the record on nso still showed that he is married, there is no notes there that that he already filed the petition, and our church wedding is not recorded to, when i asked the church i was told that they did not file it because it was just a re-validation of our civil marriage abroad, does my husband needs to file a petition for a recognition of foreign divorce before we even get married to church, or can he do that now after our wedding? or is our marriage civil and church are both void cause he did not file the petition? does that petition will show on the report?

By Gary McCamey on May 10th, 2009 at 11:44 am

I see the answer to if a Filipino is married to a foreigner, can she remarry? And I see the answer if two Filipino’s are married and living in a foreign country, get a divorce, is it legal in the Philippines. BUT:

I’m wondering if a Filipino man is married to a Filipino woman, and they are married for 10 years, then they get the marriage nullified in the Philippines, can the Filipino man or woman get remarried? Thank you, Gary.

Gary, once the marriage is annulled the either spouse may remarry.

Hi!sir & mam iwas married since feb.1997 with a GREEKHUSBD by civil registrar then we moved to greece. we live 11YRS happy after then not anymore ifound out he got a girlfreind in phils).ifile divorse with him june 2007 and i had now my papers with me that showing im not longer married &my divorse is final in greece!!!..NOV 2008)HERE is my QUESTION SIR? wat i can do (to have my Singleness? ) to remarry again in abdroad???? B-coz my eX/hsbd is married now in filipina woman. I want to have an HAPPY LIFE AND HAPPY FAMILY SOMDAYso PLZZ! HELP ME SIR WAT i CAN DO i????? hw he married with out aproblem? IS my MARREID CERTIFICATE is IN NSO? HW LONG IT TAKES TO HAVE THAT paper so i CAN GO ON IN MY LIFE??// DO I HAVE TO GAVE SOME PAPERS TO THEPHIL. EMBASSY ABOUT MY DIVORSE HERE IN GREECE????? PLEASE HELP im HAPPY to HEAR frOM you SIR &MAM …thank YOU & GOD BLESS YOU ALL!!!!!!

Myra, you have to obtain a decree of recognition of foreign divorce from the court in the Philippines to have the NSO update your records. You will need to present an English translation of your divorce papers authenticated by the Philippines Embassy in Greece.

im a filipino and got married/civil in the phillipines wayback 2004, but now me and my wife are now american citizens. i am planning to get dual citizenship fil-am, if we got divorced here in the u.s. can i just file a petition of recognition of foreign judgement of divorce?

Ron, if you have dual citizenship your divorce will not be recognized in the Philippines as you would still be a Filipino citizen and Philippine law would applly to you.

hello atty i just wanna ask if can my bf petition me coz were planning to get married in US, can we marry there even we will not file the petition for foreign judgement when i got my divorce paper? is that possible? or i really need to file that petition for me to get married in the US?

Desh, if you marry in the US your marriage will not be valid as the records in the Philippines will show that you are still married to your first husband.

Dear Sir/Maam,
i got married to a filipino but an american citizen. he told me that he was single only to find out day before the wedding he told me that he had a child with a woman and that he marriedythe mother of her child. i asked him how will we get marry if he’s married, he told me everythings settled and that he is free to marry. we went to the us embassy to get an affidavit that he is single and he got one and ive seen it. months later when he went back to usa ive found out that what he told me that everythings ok wasn’t true at all. he keeps on telling me he cannot get me because of that. i wanted to know what should i do to have a reason for the nullity of our marriage? thank you very much…

Missdi, if your husband was already married when he married you, your marriage is void but you will still have to go before a judge to have your marriage dissolved.

Hello,

I would like to find out if I could get a divorce here in California even if we were married in the Philippines, as we are both residing here in California for 8 years now but are still Filipino citizens.

RF, Filipino citizens are subject to Philippines marriage laws no matter where they live. A divorce obtained in the USA will not be recognized in the Philippines.

I m french citizen got married in philipiines in 2003.
I would like to know how i can annul my marriage should have first to divorce in france then legalise to philippines or should i annul my marriage first in philippines
My wife living in philippines we have 1 children but we are separate(not legally)since 5 years

Bernard, you may do it either way.

Please help!

I have been married to my husband here in California for 8 years now. I am an american citizen and my husband was born in the philippines. He is now also a US citizen.

Recently I have found out some information that he may or may no be married to his daughters mom in the philippines. He was forced to go through with a marriage before he came here, because she was pregnant with his daughter. He does not think that it was done legally though.

I have a copy of the license and it doesn’t look like it is real to me, due to missing information, but again I only really know what a US marriage license looks like.

How can I find out if this is legal or not?

Christy, you will have to check the records at the National Statistics Office and the Civil Registrar where the marriage took place.

Good Day!
I’m Filipina married with British Citizen last 2007 here in the Philippines. And I would like to know if I have the chance to annul my marriage since I found out last 2008 that my hubby was married more than 5 times from different countries. From there I tried to research his background and finally knew that he is a muslim convert but signed our marriage contract as catholic. I have his identification card as a proof that he was married before (with the help of his wife that I met). Last year he brought me to one country where his wife and his brothers from muslim community tried to part our ways and my life on threat if I disobey them. So I have to be left behind from that country and they took him away from me without anything. I was innocent about the situation and all happens for just a snap.From there I never saw him anymore and I felt I was abandoned by my hubby for one year now.
In my case what should I do I really need your help.
Thank you so much and more power.

CJ, you need a consultation with a lawyer as your case is quite complicated.

Good Day! My marriage was void because he was still married when he married me. He is working abroad and he supports me and my son. He said that it cost a lot of money to annul his marriage to his first wife and he can’t afford it. His 1st wife knew about me and in a relationship before they separated. I was worried about my situation that one day his first wife might file a case against me. We are in a very good relationship but i cant avoid thinking that one day it may become my problem.Is it possible for me to go before a judge to have my marriage dissolved without him knowing about it? and will it cost a lot? because im a stay at home mom, i just want to know so i can save for that.

DM, you can always go before a judge and have your marriage dissolved but you have already committed the crime of bigamy and dissolving the marriage will not innocent you.

Dear Sirs,
January 2006 my brother married, in Manila, a filipina. After that they came to Italy as husband & wife.
On April 2007 she returned to Manila ’cause she didn’t love him.
However, she started the marriage’s annulation in Philippines on June 2007.
How long does it take?
thank you.

Kiara, there is no specific length of time for annulment procedure.

By g robinson on June 11th, 2009 at 4:21 pm

is a pre nup available in phila.

G. Robinson, Philippine law allows for pre-nuptial agreements.

By Sweetmochi on June 12th, 2009 at 3:01 am

Hello, I am a Filipino currently in Australia on a Business (Working) Visa. I was married in the Philippines to a US citizen. Because I am in Australia as a temporary resident, I am allowed to file for divorce in the Australian courts. I have actually submitted an application for divorce already. Australia allows temporary foreign residents to file for divorce, even if their spouse is living outside Australia. My question is, if I was the one who initiated the divorce (and my husband is a US citizen, living in the Philippines) under Australian law, will my divorce be recognized in the Philippines? I am still a Filipino citizen.

Sweetmochi, a divorce obtained overseas by a Filipino citizen will not be recognized in the Philippines. Philippine law is applicable to all Filipino citizens no matter in which country they live.

I am a dual citizen filipino and american. My ex husband filed for uncontested divorce and granted here in the US. Now I got some properties in the philippines that were not specifically mentioned int he divorced paper. Does my ex husband has the right to go after it even though the divorce is final. One or 2 properties was under his name and me.

Helena, divorce is only recognized under special circumstances in the Philippines. For the Philippines you are still married and co-owners of any properties in the Philippines.

Thanks for the info but my ex husband is an Us citizen and never lived in the Philippines. Does he has the right to my properties after divorce?

My husband is a german citizen, got married in the philippines. I became German citizen 8 yrs ago, have to give up my Filipino citizenship(per German law). I am currently separated from my husband for 7yrs now. Am in USA base while my husband is in Germany. Is the marriage void or do we need to get divorced in order for both of use to get married to another partner?

Marlou, I don’t see why your marriage is void separation from your husband does not void your marriage. As you are no longer a Philippine citizen Philippine law does not apply to you. Consult a lawyer in the US or Germany.

I just want to have some clarifications before I will marry my fiancee, the following are the facts;

1. I a m a canadian citizen which I acquired my citizenship in 2005;

2. I filed my divorce as a Canadian citizen to my wife who is a filipina who is living in Manila here in Los Angeles, CA, USA and got the final judgement May 19, 2009;

3. Can I go back to the Philippines to marry my fiancee, also can I marry her in church?

I would really appreciate your quick response to this message. Thank you so much.

Patrick, you will have to file petition for recognition of foreign judgment in the Philippines before you can remarry in the Philippines. As even though your divorce is valid overseas the records at the NSO show that you are still married.

I am an american citizen and I want to know if I could marry a filipina in Canada( not a canadian citizen) divorced in Canada.

Joey, Filipino citizens can not obtain a divorce. There is no divorce in Philippine. Though a divorce may be recognized under certain conditions. To have it recognized there is a court procedure. A Filipino whose overseas divorce is not recognized in the Philippines is committing the crime of bigamy if they remarry.

After 3 years of marriage, my husband and I have decided to separate. We have been living in the US all throughout our marriage. But we got married in the Philippines.

I want to initiate divorce proceedings but I am unsure about what to do because I actually have dual citizenship. I was born to Filipino parents (both citizens) in the US. I never gave up my Filipino citizenship. My husband is a Filipino citizen.

Should I file for annulment? Or will the divorce be enough? Please help. Thanks.

I am a American. citizen. I got married to a Filipina in 1999. I filed for and received a my dissoultion of marriage (divorce) in Illinois in 2008. Can I remarry in the Philippines?

How do I have my NSO record changed/ cleared? How do I have my divorce accepted by the courts here? Do I just submit my divorce decree with the new marriage license?

Thank you

Carlos, you will need to file a petition for recognition of foreign judgment for the records at NSO to show that you are now single.

hello,
im marie from philippines, i just wanna ask help on how to solve my problem. im married now, and me and my husband found out that we are not meant for each other. so i its either me or he wants to have annulment or divorce. im now in usa, i wonder if can i still stay here even if we did not file the AOS or or can i get married again and file the AOS myself.pls..help me what to do.

Marie, Filipinos may not legally divorce overseas. Divorce is only recognized in the Philippines under certain circumstances. As for the AOS you need to consult an American lawyer.

Hi,
I’m a German and i am divorced.And now i have a gf here in Phil s.And i want to marry her,but then she was married before to a American but they got divorced in U.S.A.sinced two years ago.
I would like to ask help how possible that we can marry here in Philippines? what we should do? please kindly help me.
Thanks!

Fabo, your girlfriend must file a petition for recognition of divorce.

My husband is a US immigrant when we got married last 1993 here in the Phils. In 1997, he filed a dissolution of marriage in USA and sent me a copy. He was a US citizen then. I never contested as we are having marital problems then. Now, i have a British bf and wants to marry me. Can I marry my bf in UK if my marriage was divorced in USA? Can i use this as proof that i am free to marry in UK? Please help me i really wanted to marry my British bf and go there.

Tess, you have to file a petition for recognition of foreign divorce to be able to remarry.

Good day! My wife and I were married in the Philippines but we are now American citizens and are staying in the US for some years now. We’re now on the process of our divorce in the US and it will end soon. I want to get married in the Philippines again. What would be the best thing to do? is it to file for an annulment in the Philippines even if my divorce in the US will end soon or just file for a Petition for recognition of foreign divorce to nullify our marriage? I hope u can reply back soon. Thank you very much.

Norie, it will be cheaper, faster and easier to file a petition for recognition of foreign judgment.

my fiance will be back here in php soon this year to marry me, he is a slovenian, i have some questions, i wanna know if he can stay here in philippines for a couple of months, after we got married? he wants to stay here while we are working and waiting for my papers so that i can go with him in his country. and while staying here, is he allowed to work here? pls. advise.. t.y

Jonah, most people can stay in the Philippines as a tourist for up to one year as long as they renew their visa regularly. Your fiance will not be able to work in the Philippines unless he obtains a working visa.

Hello Sirs,

I am a filipina and have an american boyfriend and we are planning to get married in the US through a fiancee visa..But he is still married in the Philippines with another filipina and since we don’t want to throw money on his annulment from the other filipina,we just decided to file a fiancee visa. He never petition his wife to get to the US so we assumed that the marriage is not recognized in the states. Will he be then allowed to marry me if the wedding will be in the U.S?Thanks.

Christina, that is very risky as from what I understand your boyfriend married his wife in the Philippines.
When he got married, he had to obtain a document from the embassy that showed he was single, so there may be a record that he requested this document. On the other hand your marriage would be void as you would be committing the crime of bigamy.

By Christina on July 1st, 2009 at 4:03 pm

Bigamy is the case when you get married twice, right? He will not get married in the Philippines again, and even if he got the CNI from the embassy, it does’nt necessarily mean that he gets married, and as I said, he never petition the wife and did not put in any records in the US that he is married. Really have to check out on this so not to have our time wasted on this and if anything, we will just try to proceed with his annulment. Thank for this.

Hi, I was a Filipino citizen when I married my husband who was divorced with his ex-wife who is also Filipino. His first marriage was done here in Sweden and so ours. Both are registered at NSO thru the Phil embassy here. The ex-wife is now living with a Finnish man and have kids and i don’t think that she has interest in filing for a recognition of divorce.
My question is ‘is it possible that a foreigner have two marriage records at NSO?’.

Thanks.

Martena, your marriage to your husband is not valid in the Philippines as he is still married to his first wife according to Philippine law. Filipino citizen no matter where they live can not obtain a divorce.

Hello sirs,

I was married to a Filipina in 2006, in the Philippines. I am an American. We were separated shortly after that and we have lived separate lives, me in America, and she in the Philippines. She has never been to my country, but we are still legally married. I have believed that, since we were married in the Philippines, that we could not get divorced. Recently I have been told that I can obtain a divorce in the USA. Is this true? If I obtain a divorce in America, will she be free to remarry in the Philippines?

Craig, yes, as an American citizen you may obtain a divorce in the USA but, take note the divorce will not be recognized in the Philippines unless you file a petition for recognition of foreign judgment in the Philippines. What may arise if the divorce is not recognized in the Philippines? You may not marry in the Philippines and if you remarry overseas and come to the Philippines your Filipino wife may file criminal charges against you for bigamy and concubinage.

I am a Filipina who came to Canada as tourist and got married to a Canadian citizen. The marriage did not work out and filed for divorce. I was already an immigrant when I filed for it.

I went home and met somebody I want to marry. I came back to Canada and eventually got my citizenship. My Filipino & I want to get married in a Catholic church in the Philippines. My current fiance is aware of my situation. Is it possible to get married in church in the Phils under the current circumstances? Thanks

Angel, you are still married under Philippine law as you obtained the divorce when you were still a Filipino citizen. If the church requires a Cenomar for you to marry you will not be able to obtain one.

Thanks for the answer to my querry(July 3rd).I’m now a Swedish citizen but i’m planning to apply to regain my Filipino citizenship so I’ll have a dual citizenship.
We were not aware of this though, but my husband is willing to file for recognition of divorce at NSO for record’s sake but how can he do it when he is here abroad? Can he file it thru the Phil embassy here? NSO have also website but I have no idea if one can apply thru internet?
How long does it usually take if one files for recognition of divorce and how much does it cost?

Thanks again in advance.

my questions are:
1. my sister got maried to this guy that we found out last year that he is still legally married and living in USA
2) he left my sister in the Philippines.
3) He married my sister, while he is still married is their married legal?

4)the lawyer we hired said that we can not do anything because the guys is in the USA and no one will received the papers from the judge.
5/ is there a shortest way to do this to dissolve the marriage since it is fraud.
6) why can’t the sheriffs department deliver the subpoena to the house of the guy in the Philippines.
7) The guys is in the USA and he doesn’t care to help and he keeps on saying that he doesn’t have to do anything because the marriage in null and void.
8) i need an answer please. I need your help for my sister want’s to get married to her new boyfriend,

Phephot, I can not understand from the above what case was filed. But, if you would like a second opinion you may contact us for a consultation. Our telephone number is on the site.

when i seek for a copy of my nso certified M/C, found out that my husband is married to another girl. he married us on the same month but different dates. we had a civil marriage but they had an earlier church wedding. whose marriage is legal. what do i do next?

Gianne, the first marriage is always the valid one. The second one is considered bigamous and a court decree is needed to dissolve the second one.

Good Eve,

I’m Australian resident in metro manila and My Filipina wife is filing Annulment.

I am not contesting it and my wife promised to fully cooperate.
Wehave only one child and already agreed our daughter will stay with her mother.

How long does it take to obtain Annulment
when both parties are fully cooperating ?

I understand it depends on various factors but based on your experiences?

There is a six (6) month waiting period from the time of the filing of the Petition of Legal Separation and the time that the trial may start.

Does this 6 month period also apply to Annulment cases??

Thanks in Advance

Kevin, there are just too many variables to give anything more than an approximate answer, the minimum being around 9 months. There is no waiting period.

I am a Canadian Citizen in a relationship with a Filipina and we had plans to get married this coming November. Unfortunately it was recently found out that she was not annulled from her previous marriage as we had originally though, hence putting our marriage plans on hold (maybe indefinitely). Obviously I was planning on sponsoring her to come here on a spousal visa but after research I learned that a Conjugal Partner visa is our only option. We have been in our relationship for 16 months now and obviously we are planning our lives together.

My questions are this..

Is it possible for her to file for anulment to her ex husband once she is here with me in Canada?

Can she file for divorce here against him and if approved, will that allow us to be married legally in Canada without the fear of bigamy even if divorce is not allowed back in the Philippines?

As a follow up question to what I have already posted. Here in Canada we have what is called a Commitment Ceremony. This is basically similar to a wedding ceremony with vows, reception etc but the only difference is that there is no Marriage Certificate/Licence that is signed, instead a Commitment Certificate is signed as a vow to one another. Would this ceremony be accepted in the Philippines or would having this ceremony, minus the Marriage Certificate also constitute as a Marriage under Philippine Law?

Thanks for your help.

Brett, Filipinos may only obtain an annulment in the Philippines. A divorce obtained overseas while being a Filipino citizen will not be recognized in the Philippines. Any remarriage without annulment would be bigamy. The Canadian embassy will not issue a conjugal visa to someone who is married already to another person! A commitment ceremony is not valid in the Philippines.

Hey THANKS
for such a quick and clear response !!

Forgot to ask: (when you have time?)

My wife’s lawyer claims that if she files Annulment on grounds of ” Psychological Incapacity” , The Psycholgical Incapacity should apply to both Parties.
Is that true or false ?

thanks for the very prompt reply..

hope you could answer me my follow up queries, which are:
1)can i alone process the dissolution of the said marriage?
2)we have children, can i request for financial support?
3)how much does it cost?if it cost very high,i dont think i can afford it right now.. im basically earning just above minimum..will i be held liable for filing the dissolution very late?

thanks again..

Good day sir/maam,

I am concern about marriage.I am a filipina and i have boyfriend from Norway he is divorced and have children from norwegian citizin also and we talk about marriage and he said he want only to get marry me here in philippines and not in Norway.And i ask him why only in philippines but he told me it is just becuase very expensive but then i ask him if can get married in Civil only but he said no need.and when we get maaried here in phils. we will just bring documents from philippines that proof that we are married in philippines.
My Question is:

1.Is it possible if we pass our marriage documents to Norway and is it consider that we married in norway?or not?

2.And where we should pass the Marriage documents since we married only here in phils.?and does the Norway will approved that?

My boyfriend told me in norway you cant get married In civil if your christian i dont really know why?can you please answer my question..Thanks

Jean, you should check with the Norwegian embassy.

Hey THANKS
for such a quick and clear response !!

Forgot to ask: (when you have time?)

My wife’s lawyer claims that if she files Annulment on grounds of ” Psychological Incapacity” , The Psycholgical Incapacity should apply to both Parties.
Is that true or false ?

Kevin, not true, but it is legal tactic that is commonly used. Reasons why I will not get into.

I am Canadian and married a British Citizen in 2002, after the marriage I found out that he had married a Philippino girl in the Philippines in 1997. He stated to me when I found out that the marriage to the Philippino girl is not legal, is this true? Please help answer this question that is nagging me, thank you for your time

BJ, we can not answer you without having a copy of the pertinent documents showing the marriage in the Philippines.

thanks for your reply; however I am more confused now then ever, why do the documents make a difference? I know that he married her in a civil ceremony and of course I do not have the documents.I really appreciate your service and hate to ask for more data but feeling desperate to know. Can I obtain these records and if so how?

BJ, to see if your husband was legally married in the Philippines, you may request copies of documents at
https://www.ecensus.com.ph/Secure/frmIndex.asp

good Morn:

1) Would you have any statistics percentage-wise on how many Annulment cases are Approved by Judges versus how many are Refused ?
like 70 % ok, 30% refused ? based on your experiences.

2) If ever the Judge does not approve, can a 2nd annulment case be filed ? and can it be filed immediately or is there a time frame to follow??

Im working overseas and i want to file an annulment, do i have to be physically in the philippines to do that?

Jay, you will only have to appear once in court in the Philippines then you may go back overseas.

hi there. my girlfriend was still a filipino citizen when she got married in the philippines. a few months later she got her canadian citizensihp. now, she wants to file for divorce here in canada. she knows that she can remarry here after the divorce but her main concern is, would her ex-husband be able to re-marry in the philippines as well?

hi! my bf is now a canadian citizen. he was married to his ex filipino wife here in the philippines.. they were both filipino during the time of their marriage.. but now they are divorce in canada.. they are now canadian citizen.. does is mean that their marriage here in the philippines is already null and void considering that they are not filipino citizens anymore? please help..

Kizzy, as a Canadian citizen your boyfriend has the right to remarry. But the records in the Philippines may show that he still married. To have the records changed at the NSO he must file a petition for recognition of foreign divorce.

By Arlene616 on July 27th, 2009 at 10:08 am

Me and my leavein partner are both married and both Filipino citizen.Im separated to my ex husband for 7 years and we have 1 child.I dont have any contact with my ex husband since we separated.My leavein partner is also separated to his wife for 8 years.Now,his wife had another family.
Somebody told me that if we dont have any communication to our ex husband and wife for 7 years we can get married.
My question is, it is really possible for us to get married even in civil?

Arlene, separation no matter how many years does not allow a person to remarry. A person may only remarry if they are a widow/widower or their marriage has been annulled by a court decree in the Philippines.

By mona santiago on July 28th, 2009 at 3:24 am

Hello there My partner and I can’t get married because legally he’s still married with his ex-wife they are separated for about 6years already. he’s wife filled an annulment before in baguio because that’s where they got married but the court didn’t approve it i think it’s because of lack of evidence the reason for the annulemt they filled was psychological incapacity . Is there any chance that the court will agree because both parties agreed already and because they are separated for a long time already. my partner and I have a 1 year old baby. and of course just like other female one of my dreams is to get married. please help me..:-(

Mona, the wife may file a motion for reconsideration or an appeal if done in the legal delays. By law the agreement of both parties is called collusion in annulment and the court will immediately dismiss the case. Your partner can still file a petition for annulment.

By Kevin (australian) on July 29th, 2009 at 1:44 am

good umaga

If ever the Judge does not approve, can a 2nd annulment case be filed ? and can it be filed immediately or is there a time frame to follow??

Kevin, if an annulment is denied, a motion for reconsideration may be filed within 15 days. If still denied an appeal may be filed with the court of appeals may be filed within 15 days.

my ground is psychological incapacity,, is having him lot of children in every woman possible ground? actually if d psychiatris is smart enough it is really, how can a man make children everytime & leave them..one is OK but 4 to 5 woman its questionable, right?

By Rose(USA) on August 4th, 2009 at 7:13 pm

I am a US citizen when I got married to a filipino guy in the Phils in 1995. I filed a petition for him to come and join me here in the US, unfortunately, his visa was denied because he was found to be under a profound abuse substance. Because of this, i divorced him. The divorced was approved in 1997 by the SF Superior Court. Now, I met this guy in the Phils and also in the process of getting his marriage annulled. Can I file a fiancee visa for him after his marriage annulled? Do I also need to file a Recognition of Foreign Judgement for my divorce in the Philippines? Pls. help me find answers to all of these. Thanks in advance for your help.

Rose, the fiance visa depends solely on the status of your Filipino boyfriend in the Philippines viewed by the US Embassy. It has nothing to do with your status in the Philippines. Though if you do come to the Philippines with your new husband your ex could file charges of bigamy and adultery against you, therefore it would be to your advantage to file a petition for recognition of foreign judgment in the Philippines.

I got married in the philippines 23 years ago. Acquired my german citizenship 10 years ago. got divorced a year ago and remarried last january 2009 to a US citizen.Is my first marriage in the philippines still void do I need it be annuled or file a petition for recognition of foreign judgment in the Philippines. Info please thanks.

Lita, divorce by a foreign citizen is not recognized in the Philippines, so that person’s NSO record will show that they are still married. For the records at the NSO to be updated to single it is necessary to obtain a court decree by filing a petition for recognition of foreign judgment.

By Rose (USA) on August 8th, 2009 at 11:36 pm

Thank you so much for the quick response with my 8/4th’s query, I really appreciate it. I guess I forgot to mention that my ex husband has his own family and a child now and is happy with his life and we had maintained the good relationship between our families. Because of this situation, does a petition for recognition of foreign judgment in the philippines still needed? and If so, Do I need to be present to file this documents? And How long will this take to process? I hope that this will clear all my worries and get all the information that I needed. Thank you once again for your help.

Rose, only your Filipino husband may file charges against you, so if you are on good terms with him it is up to you to decide if you want your records updated in the Philippines. If you do want to proceed with the recognition of foreign judgment, you will have to appear in court once and the procedure will take around 3 – 6months.

By foreigner on August 9th, 2009 at 6:49 am

How come that Rose who is not a Filipino citizen but an American, is subjected to Philippine law? How can her Filipino ex file bigamy and adultery against her when infact they were already divorced and divorce is allowed by her national law? and she is not oblige to file a petition for recognition of foreign judgement in the Philippines because she has no legal impediment on her case as a foreigner, it’s her ex Filipino husband who will file petition if he wants to get married again. Your advises sometimes are very confusing to those poor people who needs clarification because of ”No-Divorce” law in your country.

Fooreigner, we agree with you the law concerning marriage, annulment and divorce is very confusing when one of the spouses is a foreigner. Unfortunately, we have foreign clients who have been arrested for bigamy and adultery even though they have been divorced in their own country. That’s why we give notice of what may happen and the remedies available to prevent them from being criminally charged.

i got married last 1995 and got three siblings…
my husband and i separated due to a third party and i got the custody of our kids…
since our separation, we got no support from him and i alone keeps all the needs of the kids.. i got no plans for taking legal separation for reason that i know it would be so costly and i cannot afford it…
it is only until this time that i got a problem because i found someone who helps me with the kids… he willingly supports us… he is a foreigner and we wanted to keep the relationship through marriage.. can we have a valid marriage outside philippines knowing that my first marraige is not nullified? what are the risks that we could possibly meet if we will push with our plan?
please help me…
thank you so much…

Honey, a Filipino citizen can not marry a second time unless their first marriage was annulled or they are a widow. A person who is married and marries a second time is committing the crime of bigamy. All countries who issue fiance visas also check first at the NSO to make sure the person to whom they are issuing the visa is not yet married….

I am a overseas Filipino worker. I am a responsible husband and a good provider, but please advice me. I want to disinherit my wife before filling for annullment because in annullment case all properties will be conjugal. We got married in 1989 and have one child. I bought our own house and lot, and have savings in the bank.I always take my yearly vacation in the Philippines to be with my family, and because I personally enroll our child to school.
In July 2004, my wife(filipino citizen) left for the United States without telling me. She didn’t leave any address and contact number. She left our child to her parents. In October 2004, she called to tell me she was giving all the right over our child to me, she did not love us, she had an American boyfriend, and she wanted us to leave her alone. She ignored my e-mails.
In October 2008, she sent an e-mail,She said she divorced me in the US in 2004 and she married an American in 2007.I learned from my relatives that my wife visited the Philippines last August-september 2008.
My wife had the bank account intended for the college school expenses of our child transferred in her name. She also sold our car without informing me.I would like to ask how can I disinherit her before filling for annullment & how much will I spend for the whole process.Thank you ATTY

Jun, disinheriting a wife does not change conjugal property. You need to have a consultation with a lawyer to discuss the best way to protect your property.

thank you so much for your prompt reply.. God Bless..

By Rose (USA) on August 10th, 2009 at 9:29 pm

Once again, thanks so much for your quick reply. It cleared all my bad thoughts and worries regarding this matter. I will just wait for my boyfriend’s marriage to be annulled and hopefully live happily ever after. Thank you, thank you. I will still keep on reading on this blogs because it is very interesting for someone like me who is seeking for an answer to all the topics regarding marriages, annulment, and divorce issues in my home country.

my husband hav 3kids from 2mother before i marry him..then after we marry we got 2kids also..& he make more 3children from 2woman after we marry..is dis sufficient enough dat i could obtain annulment..can u help me refer to the best afordable lawyer, im a solebread winner plus my husband dont give me even a cent..thank you, hope i can rcv rply soon

Jelly Ann, infidelity is not grounds for annulment. You may use our contact form if you wish to consult with a lawyer from our law firm.

im glad i found this website i have to open about my marriage problems, im married 5 yrs. here n u.s. my husband agree that we gonna be like a company n the house beacuse our marriage has many problems we agree to be friends we’re 30 yrs. apart frm age. he can’t give me a baby and im planning to marry a man that i love also from the philippines he knows about him could i do that w/out filing divorce here n u.s. im not a u.s. citizen yet im a card holder me and my husband talk about it he want me to be happy he don’t want to divorce me coz he’s already older and he can’t find somebody to care w/ him as like a caregiver. he wanna give all his properties to me if his time come.he’s a practical person. so can i marry somebody in the philippines even im stil married n u.s.? need a clear advice.
thanks alot!

Sharaze, a married person can not marry a second time. If a person does so the marriage is void from the beginning and may be charged with the crime of bigamy.

By sheann (Philippines) on August 19th, 2009 at 7:34 am

Hello, my Filipino boyfriend was civilly married to a German resident and filed a divorce in Germany. the divorce was finalized last April and we are getting married this December, i would like to ask if his divorce is recognized here? Thank you so much. I hope to hear from you soon. God bless and more power!

Sheann, for the divorce to be recognized in the Philippines your friend must file a petition for recognition of judgment of foreign divorce.

my first marriage was anulled coz of ex-husband long disappearance(presumed dead)Then got married after a year to british man.All of a sudden we heard news that my ex still alive.British man cheated on me and plan to marry another girl(filipina too)He wanted to file anullment in Philipines.Can he possibly get the anullment?more power to you.

Nezzie, if your first husband appears in court to file an affidavit saying he is alive your British husband will obtain an annulment and you will still be married to your first husband.

What is the effect of a divorce obtained abroad to the marital status of a Filipino citizen here in the Philippines?
FYI:
1. the Filipino citizen become a permanent resident due to the marriage to the alien spouse.
2. the Filipino citizen is the one who filed the divorce to the alien spouse.
Is the Filipino citizen has the capacity to remarry here in Philippines?

Boy, a Filipino citizen can not legally obtain a divorce in any country, it does not make a difference if they are a permanent resident or not. A divorce filed by a Filipino citizen overseas will never be recognized in the Philippines and can not remarry in the Philippines or overseas legally according to Philippine Law. If the divorce is filed by the foreign spouse then a petition for recognition of foreign divorce may be filed the Filipino spouse in the Philippines and then the Filipino citizen may remarry.

hi, i am cj and i’m separated with my filipino ex-husband (we’re married in the philippines.) my question is, can my canadian citizen/national bf and i get married legally in canada? please advise. thank you so much. GOD BLESS.

CJ, a person can not marry a second time unless they have obtained an annulment. Marrying a second is committing the crime of bigamy and the second marriage will not be valid.

Sirs,

I am currently married to a Filipina, and I live in the USA, while she lives in the Philippines. We have been separated for several years and she is living with another man. I do not support her financially any more. She has recently told me that she can sue me for spousal support. If she does that, will I be in any legal danger if I visit the Philippines?

Martin, your wife does have the right to file a case against you. But, you also have the right to file a petition for annulment to end your marriage.

im lyn and i am filling for annulement may questrion was how long does it takes to have my annulement if ever the judge will grant my annulement? and what will i do after my marriage will be annuled? please let know what to do?

Lyn, each case is unique and takes a different amount time until the judge issues the final decree of annulment.

Thank you so much for your reply. I really appreciate it. I do have an additional information and questions about it. What if the Filipino Citizen and the alien spouse married outside the Philippines? Is the Filipino citizen has the capacity to remarry here in Philippines? Is there an effect to the civil status of the Filipino citizen here in the Philippines? TY

thank youso much for the reply.back to my annulement case is it posible na ma null and void yung marriage ko sa aking american ex husband? kasi wala na akong alam kung nasaan sya ngayon the last time i have talked to him was last april 2005 pa.

I married a British citizen last year. Two months ago, he told me to leave and is planning to secure a divorce from the UK embassy here in the Philippines. Will this divorce be valid in the Philippines? I understand from previous comments that the divorce should be secured in their own country?

Pachjoss, divorce is not automatically recognized in the Philippines. Once a divorce is obtained overseas by the non-Filipino spouse, the Filipino spouse must file a petition for recognition of foreign divorce.

Hi,

My Canadian Husband and I were married in the Philippines last year (2008) but then for a year that we’ve been together here in Canada we found out to ourselves that we are not mentally fit to each other. If he will Divorce me here in Canada, what will be the next step that i can do to recognized this divorce in the Philippines? If our divorce will be recognize in the Philippines am i be able to get marry again? I’m still a Filipino Citizen and a permanent resident here in Canada. Thank you

Janna, you may file a petition for recognition of foreign divorce in the Philippines after which you will be able to marry again.

Hi, I just saw the discussion regarding with divorce and I am also in need of help.. I have this girlfriend, a spanish citizen, who is married to a filipino citizen under the philippine law.. she actually wants to have a divorce with him and we don’t exactly know the process.. we read some other blogs and we saw the judical recognition of a foreign divorce degree and it was indicated there that it should be filed in the philippine court.. so what are the papers do we need to be process here in spain? so atleast we already have all the papers before going to the phils.. thanks. :)

Spear, your girlfriend can obtain a divorce overseas. The divorce document needs to be translated into English and certified by the Philippine Embassy where the divorce was obtained, to be submitted with the petition for recognition of foreign divorce.

By emily sandoval on September 8th, 2009 at 10:21 am

hi! my question is…if you file for petition for recognition of foreign divorce, do the judge go by the date you filed the divorced or the date you filed the petition? the reason why i am asking is after my divorce i bought some properties in the phlippines and i just to know if that properties i bought still considered conjugal or not we are both american citizen when i filed for divorced.

Emily, former Filipino citizens can not avail of the possibility of filing a petition for recognition of foreign divorce. You will have to file a petition for annulment in the Philippines. In the Philippines you are still married and the property you purchased is conjugal property.

By Susan M. Vinluan on September 8th, 2009 at 11:15 am

I was an OFW in Palau from 1987 to 2001.I got married there on June 29,1989..we are now separated and he has his own family..i would like to ask how can i change my last name to my father’s last name again..our marriage is not registered in NSO in fact i got my Singleness already..I want to change my passport and planning to go abroad again..Or can I file my divorce petition here at their Embassy in Malate MAnila.? Please help me..thank you so much.. in addition to my inquiry, my husband is also filipino..please help me to resolve my problem..thank you again and hoping for your response..

Susan, as a Filipino citizen you must file a petition for annulment in the Philippines even if there is no record at the NSO. A divorce in Palau will not be recognized in the Philippines.

By Susan M. Vinluan on September 10th, 2009 at 8:38 pm

thank you very much for your response, but i’m not financially capable for the petition, can i go PAO office and ask for assistance..?

Im in the US Army. I’m currently in Korea for 2 more months. My fiance was previously married to a soldier a few years ago who abandoned her and their child. He then divorced her from the US. We have been trying to get a copy of the divorce paperwork from him for months. He won’t say what court or county they had been divorced in. We want to get married but it says she need the divorce from her last marriage.

Can we get married in the Philippines? We have another problem. She was previously married in the Philippines. She said she got her record of singleness though to marry the her ex husband from the US. She now thinks her paperwork for her previous Philippine husband is in the Philippine database. NSO I guess because she said sometimes they turn in paperwork late in the Philippines.

She is pregnant with my child and we just want to get married. I just got my passport and we know we can’t do it in Korea? My main question is will we need the divorce record from the US marriage to get married in the Philippines?

I just got my passport so I can come the Philippines a few motnhs after I leave Korea. I getting chaptered out the Army for Medical Reasons. It may take up to six months.

Josh, you will need to check if the marriage is registered in the NSO and then your fiance can apply for an annulment or a foreign recognition of divorce if she is able to obtain a copy of the divorce. Only when your fiance’s records show that she is single will you be able to marry her.

You can check the records here: https://www.ecensus.com.ph/Secure/frmIndex.asp

By emily sandoval on September 12th, 2009 at 10:51 pm

im just confused with your advise…how come i need to file an annulment if iam already us citizen when i filed my divorced, why can’t i just file a petition for recognition of foreign divorce? if the petition of recognition is acceptable do judge go by the date of divorced or the date that you file for petition?

where in spain we can get the divorce paper? in philippine embassy in spain too?

Spear, you will have to inquire at the Philippine Embassy in Spain as on how to obtain it.

im a caregiver here in canada,i met my boyfriend here,we have plan to get married,im a permanent resident here in canada,but my marriage in philippines is not annuled, but i file my divorce here and it has been granted,is there a chance that i can get married here in canada?Thanks you

Yvette, it is legal for a person to marry a second time without first obtaining an annulment.

hello atty.

i’m married last 1998 to american civil in phils. we got divorce in fl. 2002 and i got married to filipino here in the u.s. civil, at the time we married i’m a u.s. citizen. we plan to married in church in phils.. do i still need to get annuled my first marriage? if it does how much it cost and how long it takes…

thanks a lot….

Kandy, a church marriage has nothing to do with a civil marriage. Check with the priest who will solemnize your marriage for the requirements.

I was wondering if a H2B worker from the phillipines working in theU.S. is married in the philippines can she get married in the U.S.

Tom, no a person can not marry a second time legally without first obtaining an annulment.

In 2002 I got married to a US immigrant, He stayed in the US with his family and I just stayed here in the Philippines with my family. We did not stay together in one roof as husband and wife even after we got married. I found out our marriage was filed in the NSO I even got a copy of it but I did not change all my public records until now. He also did not file in that US that we got married here. I’ve already traveled outside the country (Singapore), got my passport with the single status. We are separated for about 7 years now. I’m still using my single name. I heard that he is already a US citizen and he had just petitioned his girlfriend here in the Phil. together with their daughter, and they got married in Washington last June 2008…At present I have a 1 year old son with my boyfriend who is also a US immigrant working in San Diego. Sooner my boyfriend will file his US citizenship and will also petition me and with my son.

My question is, Is it possible for my husband to still file divorce for me here in the Philippines even if he is already married in US to a Filipino citizen? Can I also remarry to my boyfriend if the divorce was granted?

Can I file Bigamy case here in the Phil against my husband and his wife even if they got married in US and his wife is still Filipino?

Will the divorced filed by my husband can be used against me by US Embassy for my petition in the US? Will that be a hindrance to me and my son going to US? Please help me on this. I’m also thinking of filling Annulment, but I guess it will take so long compare to divorce…I need your legal advice please help.

Hazel, your husband as an American citizen has the right to obtain a divorce in the USA. Divorce of Filipino or ex-Filipino citizens is not recognized in the Philippines. No you can not file bigamy against your husband as he married overseas. Your husband could file adultery charges against you in the Philippines as you had a child with a man who is not your husband. You must obtain an annulment if you wish to remarry and be petitioned to go to the USA. The US Embassy checks very carefully the NSO records.

Hi every1. I got married in 2000. My wife at the time was a natural born US citizen and I was a greencard holder. I became a US citizen in 2006. In 2008 our marriage fell apart and my wife filed for a divorce. Now I met someone and we would like to get married. Shes iglesia and I converted also. The Church said that, I need to file for annulment because there is no divroce in philippines. Please take not I got married and divorce in the US. The church told me that since I was a filipino citizen at the time of marriage. its not recognize by philippine law. So do I really need to file for annulment? can you please send me to the right direction or link or referral

Thanks

PV, the church is correct.

My former husband & I got divorced in Canada before we became canadian citizens. I understand that this does not have a binding effect under the Philippine law. My question is, is it possible to initiate another divorce proceedings in Canada now that we’re both canadian citizens? If so, how would i go about it? Thank you.

Win Q, you are already divorced in Canada. You will not be able to get a divorce a second time.

Thanks for your reply. I have plans to get married in the Philippines in the near future. Do I have other options other than annulment? Please advise. Thank you.

Hello,
I would like to ask what will be the process of collusion investigation?Does the court needs to talk to me? how long it will take?I hope you can give me some informations.thank you so much.

Lyn, part of the process of annulment is for the Fiscal to determine if their is collusion. Both spouses are asked to appear in in front of the fiscal for this.

I heard from a friend of a friend that my boyfriend has a son back in the Phillipines. He is single here in the US. I asked him if he really has a son back home and he denied. Is there a way to confirm whether is he is telling me the truth. Could I check it in the Municipal Hall where he lives? PLEASE HELP and thanks in advance.

Glenda, you should check with the NSO.

Hello, I am a Filipina married to a Japanese citizen. If we get divorced in Japan do I need to get an anullment in the Philippines?

From my understanding, since it is a foreign divorce, I can petition for Recognition of a Foreign Judgment of Divorce and won’t need to obtain an anullment in the Philippines. Is this correct?

Also, does it matter who is the one that files for divorce? I’ve heard many different things and would like some clarity on this issue. I’ve heard that if I file for divorce that I would still have to get an anullment, but if he is the one that files for divorce that I can submit for the Foreign Judgment of Divorce. I’ve also heard that it doesn’t matter who files the divorce that I can still apply for Foreign Judgment of Divorce.

Your advice is welcome. Thank you.

Lea, yes it does matter who files for the divorce. The Filipino spouse can not file for the divorce and then file a petition for recognition of foreign divorce.

Hi,

I have my 1st marriage (in church) got annuled in civil court. I have since remarried in civil court too. My wife (2nd) and I are planning to get married again in church. Does the church allows it?

Thanks

GTL, ask the priest in the church where you intend to marry.

My filipina wife and I were married in Scotland for 10 years, she has moved home and lived in Philippines for 19 months. I have started a divorce proceeding that my wife and I both agree to and wish to make this easy for both parties so that my wife can re-marry at a later date.

Could I write a letter stating that I agree to her re-marrying when I send the divorce papers or would she have to file for a petition for the recognition of a Foreign Judgment of Divorce at the Regional Trial Court ?

Jon, a personal letter will not help as the only way for your wife to change her status back to single is to obtain a court decree. To obtain the decree she will have to file a petition for recognition of foreign divorce.

I am an Australian citizen living in the Philippines on a 13a visa, if I file for divorce in Australia, how will this affect my 13a visa status?

Donald, immigration will surely cancel your visa.

Hi!

I have a question, can you simply claim that you wanted to remarry that’s why you petitioned for annulment?Grounds is Psychological Incapacity.

If he will not appear in court, will it fasten the process?

Please advice…

IronHeart, the answers are no and no.

Thank you for the quick response.

Here’s my story.I was married when I was 21. That was 2005 June.He was 18 that time.

After 5 months, he drinks and usually have fun with his friends. He still loves me he said, but we always fight.I’m a battered wife.

I filed for police (blatter) and also went for a medical examination. Unfortunately I lost the papers.

My family is the one who supports us. My father sent him back to school right after the marriage.Simply they can’t afford it.

After that event (5 mos).I asked my Dad to let him stay in Dubai since his Sister is there.That was for us to separate.The inlove me went after him after 8 mos and same issue.

Then I decided to go back in the phil and process annulment.

What will be my first step here?What documents I need to prepare?

I hope you can help me…

Hi. My husband and I were married in the Philippines in 1989. We migrated to the United States in 1998 and then he divorced me in 2002, but he was still a Filipino citizen at the time. Just this year, he became a naturalized American citizen. Will that divorce now be recognized by the courts in the Philippines?

Rina, Filipino citizens can not obtain a divorce and a change in citizenship will not have the divorce recognized in the Philippines.

Hi,
In 1982, I was a Filipino citizen and got married to American citizen. We got married a couple more times in the Philippines, Judge, church and another church. Years later got my American citizenship and lived in U.S. I got divorce in 2008. My ex-husband (American), now met someone in the Philippines and will be getting married there next week. Is this going to be legal marriage?

runner362, your husband is allowed to remarry as he is an American citizen and under American law he is allowed by virtue of the divorce he obtained.

hello,

my husband was previously married in the philippines and has 2 children. He filed for divorce and was granted in 2000. After that we got married here in Canada and we have 2 children as well. He is sending child support through the maintenance enforcement program (support was deducted from his paycheque. Now how can he file for annulment? Can we have a church wedding in the philippines? Can u please help us. How much are we going to pay if he file for an annulment? thanks

Bamy, the church has its own laws about annulment of marriage. Your husband may file a petition for annulment to obtain a civil annulment from the Regional Trial Court.

hi, im filipina married to the u.s citizen but he is a pilipino also.. but my husband got married in guam and still not divorse…..may i ask if our marriage here will dissallowed??
and it take problem for both of us??pls i need ur help thank you much

Babylyn, you can not legally marry someone who is still legally married, so your marriage is not valid. Since your husband is a Filipino Citizen he must alos obtain an annulment in the Philippines.

hi,
im a filipino citizen, my husband was divorced with his wife in the usa, they where both us citizen with no child but they where married here.we got married before the divorced was released, is there a chance that he can petition me in the usa and also my daughter?.

thanks really need your advice pls.

Lanie, you will have to ask an American lawyer or the US embassy about this.

By belle tilley on October 19th, 2009 at 8:31 pm

Hi,
I just found this website last night, and I actually need help right now.

I just filed a divorce last month (I’m a Filipino married in the philippines with a canadian), I was actually waiting for my husband to be served. But according to what I read from this website, if I will be granted with the divorce, since I was the one who filed for the divorce I won’t be able to remarry in the philippines again? So, I called my lawyer here and asked if the documents where already filed in the court, they said yes, but I told them about the Philippine law regarding divorce, I asked if they can reverse the application and put my husband as the applicant instead of me, but they said its not possible. They said, what they can do is, to make an ammendment to make our divorce a joint divorce, meaning both my husband and I, filed the divorce together.
My question is, If this joint divorce is granted, would I be able to petition for a Recognition for Foreign divorce, so I could remarry in the philippines again?

My divorce is on hold right now, because I told my lawyer that I would asked first, if that is valid in the philippines, the joint divorce or I would just have to withdraw my divorce and ask for my husband to file it. Please please please, let me know right away, so I could go ahead or just withdraw the divorce. I will greatly appreciate it if you could give me an answer ASAP.
Thanks a lot. And more power. I’ll be waiting for your response. Thanks again.

Belle, your husband must be the one filing for the divorce. A joint divorce will not allow you to file a petition for recognition of foreign divorce.

hi i was married in Manila and prior to that i was married(to the same man) in the US as he is a american citizen, we are now legally divorced in the US. I was wondering if you can inform me of the necessary steps that I need to take so that I can get married again in Manila, not in a catholic church

Evelyn, the answer will depend on who filed for the divorce in the US. If your husband filed for divorce, you may file a petition for recognition of foreign divorce in the Philippines. If you filed for the divorce you will have to file for an annulment in the Philippines.

i am filipino married with same citezenship and somebody from afghanistan wants to marry me, can i marry him in afghanistan without being annuled in the philippines?

Lee Ann, marrying a second without obtaining is committing the crime of bigamy.

Hello,
Good Day
Im glad i found this website..
I was married of an American national here in the Philippines last September 2003, 3 days after our wedding he flew back to USA. April 2006 he visited me here in the Philippines for 20 days. Then July 2007 he filed a divorce in the USA and i recieved the final decree of my divorce last December 2007. I live here in th Philippines…. I never been to U.S.A.
I want to use my single name back but in the final decree of my divorce it doesnt show that he put my single name back and its not yet authenticated from the Philippine embassy in the U.S.A. What should i do? I BADLY NEEDED MY SINGLENESS. What are the requirements do i need to prepare to void or null my marriage record at the NSO and to get my singleness back.. I need my singleness..

I hope you can help my problem..Please help me..

Thanks More Power..

Dhaisy, get the divorce decree authenticated by the Philippine Embassy in the USA then you may file a petition for recognition of foreign divorce.

Iam a U.S. citizen married to a filipino woman, but in the process of divorcing her. My question is, once I divorce the filipino woman am married to now can I remarry again in the Philippines?

Mike, yes, you may remarry. But, your records in the Philippines will still show that you are married in the Philippines. So, as long as your ex-wife does not wish to make you problems you are fine. It would be better to file a petition of recognition of foreign judgment to have your records updated in the Philippines.

my friend was married to a married man she only discover later in their relationship. they got separated and now she’s planning to marry again. does her marriage with her first husband still legal. what is the legal move to make it null and void bcoz it still appear that she’s married to him.. thanks

Lyn, your friend should file a petition for annulment on the grounds of bigamous marriage.

Hi could you helo me file for foreign divorce in the Philippines. Once done this will enable me to get remarried in Manila ?

can my bf still petition me as fiance even if im still married here in phil? but my divorce is already granted in us..thank you1

Ann, the embassy will check your status with the NSO and will see that you are married and will not issue the visa.

hi,

can a mere physical separation for over 10 years of the spouses allow either of them to enter another marriage?

say, Mr. X has been physically separated from his wife for over ten years now and wanted to marry another woman. he has no information as to his wife’s whereabouts for more than 3 years now, they never contacted since then.

can Mr. X marries again without filing annulment?

thanks for the advice.

Maricar, Mr. X can not remarry without obtaining an annulment. Separation no matter how many years does not void or annul a marriage.

hi i just found this website and i find it very helpful, the problem that i have is that i am british and i am in love with a fillipino who works in Hong Kong as a maid she has 3 kids, and is married i have known her 4 10 years because i met her in the philipinnes . we have kept in thouch ever since . now she wants to marry me and also i want to marry he what do i have to do, to achive this waiting for your repl regards

Nasar, your girlfriend will have to obtain an annulment for you to be able to marry her.

Hello,
Good day,
Thanks for your advice, i really appreciate it.. It really help me a lot. Thank you..
More power and may God Bless Us All…

Sincerely yours,
Dhaisy

Sir,
I have now a girlfriend, she is working in canada at present . we both agree to get married but the problem is She is legally married to a guy in a Huez two years ago and they had 2 kids. My girlfriend doesn’t want him since then because of being irresponsible and a lot more differences that is why she filled for annulment but the guy resist for the annulment. I want to know if we can still get marry. God bless

Lime, you can only marry once your girlfriend obtains an annulment.

thank you. you’re a great help.

follow up question lang po.. how long does it take after filing for annulment on the grounds of bigamous marriage.. and what are needed in filing.

thank u again..

additional question po,if ever i need to go back to philippines to file for an annulment is there a possibility stil that my boyfriend in norway can petition me and my daughter?thank you so much and hoping for your advice..more power and godbless!

kind regards,
Ariane, that is question for the Norwegian Embassy.

By Stone Ghost on October 28th, 2009 at 4:28 pm

If a subpoena is issued by the Philippines to an American citizen residing in the US, what would happen if the the hearings were missed?

Stone Ghost, if you are talking about an annulment case, the petition will published in a newspaper and the case will continue without the respondent.

By Stone Ghost on October 29th, 2009 at 1:18 pm

If a warrant for arrest is issued, how would that work?

By Ava Schmitt Custodio on October 29th, 2009 at 4:58 pm

i am an american citizen and in 2008, married a filipino citizen (thus the filipino last name of Custodio) there in the philippines. while i was working on his visa to come here, he admitted to me that he cheated on me– seemingly never apologized and had only 3 words to say for himself of, “tao lang ako!” i do not take cheating lightly and will file for a divorce here at home in the U.S. is there anything that i need to file with the Philippine Gov’t for this? thank you very much for your time and for lending your expertise and i look forward to your reply.

Ava, you do not have to file anything in the Philippines. If your husband wants to have his recorrds updated to single he will need a copy of the divorce decree authenticated by the Philippines Embassy and file a petition for recognition of foreign divorce.

hello. I need a professional opinion on this one.

I have a dual citizenship (Filipino/US). My boyfriend (a filipino citizen) got married to another (Filipino citizen) years ago in the PHILIPPINES, and had been granted a divorce in the US.

My question is:
1.) Will he and I be able to marry here in the US while his petition for annulment in the Philippines is still in process since he was granted divorce here in the US? Will it be legal?

2.) If he goes back to the Philippines before or after the annulment got finalized, will he be charged with Bigamy and me, Adultery?

Ain, a divorce obtained overseas by Filipinos citizens is not recognized in the Philippines. Yes, you could be charged with adultery and concubinage.

Hi. My husband and I, both Filipinos, got married in 1994 then migrated to the US four years later. I came home and filed for annulment here last year. My husband just got his American citizenship last May and then a month later filed to divorce me. Will this help my annulment petition? Or do I still even have to go on with the annulment proceedings? Thanks.

Lisa, the divorce will not be recognized in the Philippines as your husband is a former Filipino citizen. It will not help your annulment.

By Candace Cane on November 3rd, 2009 at 1:27 pm

Hi! I find this website very helpful…I would like to ask regarding requirements in civil marriage…my cousin is planning to marry her foreign boyfriend…she would like to know what are the requirements or pertinent papers that her boyfriend must bring when he comes down in the Philippines?

Candace, the boyfriend needs a certificate from his embassy in the Philippines that certifies he is single and can contract marriage.

My friend is a US Citizen, he divorced his wife, who is Filipino, in the states. She took their 3 kids to the Philippines. The kids are all 3 US Citizens and she has them there on temporary visas. The court granted him legal residential custody of the kids. Is there any way for him to go get the kids? She has their passports. Will the Embassy or the Consulate enforce his court order from the states?

Dawn, your friend may file a case in the Philippines for recognition of foreign judgment. The embassy can not enforce a court order from the states.

Hi!

my cousin is married in the philippines on 1998, and my cousin arranged a marriage for us on 2001 so that he can come to japan and work, i would like to know how to file an annulment for our marriage since he was already not eligible for our marriage. so that i can marry again in the philippines.

Madileen, you can file a petition for annulment on the grounds of bigamous marriage.

Hi,
A professional assistance needed.

My cousin is an Australian citizen. He is married to a Filippino citizen. If they would like to get a divorce. What is the arrangement? Please note that they are declared married in the Philippines, Thailand and Australia.

Thank you very much.

Grace, in the Philippines your cousin can file a petition for annulment.

my husband is an American citizen who receives a surviving benefit for his child.can he petition me? does his pension will not be affected? we married here in the Philippines last June

Leony, we can only answer questions relating to Philippines law. Your questions pertain to American law.

My husband and I were married as Filipino citizens 20 years ago. Now we are both American citizens and divorced. I heard there’s a new law in the Philippines called “Recognition of Foreign Judgment” that will recognize our divorce. Is this true? And will such a law allow me to marry again in the Philippines?

Julie, unfortunately this law does not apply to you, as you were both Filipino citizens at the time of marriage. One of the spouses must be a foreign citizen at the time of marriage to avail of this law.

i was married to a japanese and the we had divorced more than 3 years ago but our divorce was not reported to the philippine embassy in tokyo because i already got bask here in the philippines, the problem is the embassy in tokyo now freezes every transaction dealing with report of divorce, can i just process it here in the philippines instead, and if so, where? So i could be free of my husband’s name.

Kathrine, you need an English copy fo the divorce documents authenticated by the Philippines Embassy. Then you will have to file a petition in court in the Philippines for recognition of foreign divorce.

hi i have a question if i have the divorce papers filed by my husband. I will be getting married in Thailand and need the Philippine embassy to state that I am able to remarry . Would i be able to file this in the Philippine embassy if i am based overseas

goodday!!!
thanks for the responce.im just wondering if im the one who filed a annulment would it be posible for me to re marry again when the annulment is granted?and what can i do if my husband refuse to sign the papers?
thankx and more power!!!

By Stone Ghost on November 10th, 2009 at 4:26 pm

Out of curiosity, if a warrant for arrest is issued by the fiscal in the Philippines for a US citizen on accusations of bigamy/adultery, how much pull would the Philippine judicial system have in obtaining that person in the US?

Thanks for the advice… does that mean i dont have to wait for the report of divorce? i only have to have an English copy of our divorce papers and then have it authenticated by the embassy? then send it here in the Philippines for me to send to court? Am i correct? thank you so much for this..

Katherine, you need the original and the English translation f the divorce authenticated by the Philippine Embassy. Then you may file a petition for recognition of foreign divorce in court. This is not an automatic court procedure, you will need a lawyer to prepare the petition for you.

hi my name is rina..i wanted to know if its posible for me to annul my marriage bcoz im tired of my husband he uses drugs en he is also alcoholic.i want to file a seperation i dont like to be with him anymore. he cannot support our 4 children.everytime he is high on drugs he alwyas say a lot of things which is not true,im really tired of him i want my life back.i just want to live with my kids without him.pls help me wat to do..i dont know what to file against him..hope to hear from u soon

Sushi, you have the choice of either filing for legal separation or annulment.

hi i have a question about a petition in court in the Philippines for recognition of foreign divorce,got married last 2005 in the philippines both of us was a philippine citizen that time,but now my husband is already a taiwan national,if in case he will file a divorce here do i have the right to file for petition for recognition of foreign divorce?if so do i still need to seek for a lawyer in doing this process?thank you and hope you can help me with this problem..

Althea, in general one of the spouse’s must be a foreigner at the time of marriage. And yes, you need a lawyer as you will need to appear in court. It is not an automatic procedure.

Hi… I was reading the emails from this site and I too have some questions…

I’ve been wanting to annul my marriage for the last 2 years, but it’s not easy, someone advised me that I can just have the marriage record pulled out from the files, it is cheaper rather than annulment, is that really possible? I’ve been separated for more than 4 years now and has been working abroad ever since, what other options do I have… please advice… thank you

Melissa, paying someone to pull your records is a crime, you will be committing bribery and fraud. Very dangerous.

Hello. I am a Filipino citizen married to a US citizen in Qatar, UAE. We have 1 child in our 4 years of marriage. I am now in the philippines and my husband is still in qatar. I found out he is cheating on me and he has severe gambling addiction. He has not visited me or my child in the last 2 years eventhough he consistently sends us money. I want to file for divorce because he has not stopped his gambling and his infidelity. I do not know where to file. Can I file in the middle east since we got married there or in US since my spouse is originally from the US? and after the divorce is granted, what is needed to do here in the philippines, because our marriage is also registered here.

I hope you can help me. Please I badly need advice.

Thank you!

Bianca, the only place a Filipino citizen may file for a petition of annulment is in the Philippines.

hi,

I m a foreigner from east country, i want to marry to fillipino guy which is married but already made annulment in the philippines, how long we need to wait for it?

i really appreciate if you concern my question..

Ivy, you do not give enough details about your friends case for us to give an answer.

Hello,
I am french citizen and my wife is filipina and got married in Philippines september 2005. We live together in France since our wedding.
Actually she has a 10 years resident card and would like a french citizen.

In france, the administration request from her the original of (i dont know the translation in english)NBI clereance i think (document who proove that she don’t have any record in Philippines). where its possible to get this NBI clereance? Is it possible to request this document by internet? (because we are in France actually).
Also her birth certificate and also the birth certificate of her parents or death certificate.
Could you please help me?
Regards,
Xavier

Xavier, birth certificates and death certificates can be obtained online:

https://www.ecensus.com.ph/Secure/frmIndex.asp

To get an NBI clearance the procedure is to appear in person as the NBI takes fingerprints and picture of the person requesting the clearance.

I was divorce by my ex husband from the US and I know that divorce is not recognized here in the philippines so I cannot remarry otherwise I filed an annulment but my question is…. is it possible for my present boyfriend who is also an american citizen to petition me thru fiance visa and got married in US since there in US my divorce was recognize from my ex husband and was granted….Because I cannot remarry here right? Please help…

Hazel, the American Embassy will not issue a fiance visa to a person who is still married.

Hello,

I am a UK citizen. I married my Filipino wife in Singapore. I live abroad and she is in PI with our children. We are getting divorced now via UK court. we have children which I support and am paying alimony and surrender our property in PI to her.
Am not sure if our marriage was registered in PI, but will take it that it was.
Once our divorce is granted in UK do I still need annulment in PI? If so please can you advise the process. regards

Steve, once you obtain a divorce in the UK you do not need to file a petition for annulment in the Philippines. Your wife may not remarry in the Philippines unless she files a petition for recognition for foreign divorce in the Philippines, this will update your records to show that you are both single in the Philippines.

hello,im a filipina married to a japanese national.since we got married i’ve never been to japan.so it means our marriage was not filed in his country.
my problem now is,i have a japanese bf who wants to marry me.he said that there is no problem in japan because my first marriage was not filed in japan…..can i remarry again here in philippines?or i should take an annulment?….also, i dont have any communication to my ex-husband.how can i file an annulment if i dont know where he is?

Yhan, you can not remarry any place in the world until you obtain an annulment. You do not need to know where he is to file a petition for annulment. The court will order publication of the petition in a newspaper if he can not be found and the case will then proceed in court.

hi,

I just got married last month to my long time filipino boyfriend. I found out that he was once married. We both living in the same province but different area. I want to get out of the situation and have peace of mind.

please help me,I am confused.

Maria, if your husband was already married when he married you and did not obtain an annulment, your marriage is bigamous and void from the beginning. You may file a petition for annulment on the grounds of bigamous marriage.

hi
im from the uk and i met a girl on penpal,she is a fillipino but lives in egypt we want to get married and for her to live with me, but she is still married she has been seperated for 14 years now we love each other what can we do

thanks pete

Peter, your girlfriend will have to file a petition of annulment of marriage in the Philippines to be able to marry you.

hi!

how long it would take to file for a Petition for the Recognition of a Foreign Judgment of Divorce at the Regional Trial Court and how much would it be?

Is it possible that even if i didnt sign the divorce papers that he sent me,will it still be on process??

I do received some letters from his lawyers about the divorce that as far as i can understood, its on process even if i didnt sign it..

im still young and i want to be free…
thank u..

Ayin, you will have to wait until the final decree of divorce is issued and get it certified by the Philippines embassy in that country. Yes, the divorce process can continue even if you did not sign the documents.

Hi

I was married with an american guy.. we got a civil marriage in the philippines. Our relaion doesnt work very well, so we dont have commitment now and i have a canadian boyfriend.. If i get my divorce here in united states can I remary to CANADA? and use my divorced decree as a prof document?

Thank you! and more power.

Shie, the only legal way for you to remarry in Canada is to obtain an annulment of your marriage in the Philippines.

my husband and i got married 2004 when i was only 20 years old. unfortunately our marriage didn’t work he is now working in canada and send me a divorce letter with resolution and also he is now married there is there any ground for annulment?

Kate, no it is not grounds for annulment and the divorce will not be recognized in the Philippines.
You may however study the possibility of a filing a petition for annulment on the grounds of psychological incapacity.

hi,

Im a canadian citizen (born in Canada) who got married to a Filipina in the Philippines last 1999. After a few years, my then-wife and I moved to Canada.

Unfortunately the marriage didnt work out and we got separated in 2004 and eventually was granted a divorce in 2006.

I came back to the philippines and have been dating someone for 2 years now. We are interested in filing for marriage and would like to know the proper documentations needed for this to be possible.

I was advised to get a legal capacity to marry (which I did) and now would like to know if I still need to file Recognition of Foreign Judgement.

Hoping for your help.

Thank you

Marty, you would only need file a petition for Recognition of Foreign Judgement if you think your ex-wife will harass you.

I am Norwegian citizen now.Me and my husband married in Philiipines last June 2001 and i live here now in Norway .My husband want to separate and divorce.I received already a paper for separation from the fylkesmannen .Is there possibility to have divorce even we are married in Philippines?I think he has mistress in Philippines now.He always go to Philippines and he never tell me where he lived in manila.

Mar, your husband being a foreign citizen has the right to obtain a divorce in his country. The divorce will not be automatically recognized in the Philippines.

I AM MARRIED HERE IN THE PHILIPPINES, CAN WE FILE OUR DIVORSE IN DUBAI?

DENNISE, Filipino law does not allow Filipino citizens to obtain a divorce in any country. To have a marriage dissolved Filipino citizens must obtain an annulment in the Philippines.

Hi Sir/Madam, I wanna asked about the visa of my bf. He got the permanent card visa now just came out this year. And now he want to seperate with his wife and get an annulment after but he’s worried about his 13A visa to be cut off. Does his wife has a right to cut his permanent visa if he will going to seperate with her?

Thanks hope to hear from you soon.

Hi Sir/Madam,

I was 17 yrs old fresh high school grad when I go with my boyfriend.We have 20 years gap of age.After a month, I got pregnant the reason why I cant go back home.We got married in the house of mayor which is hes reative.without my parents concent and I was just 18 years old on that time but they make my age 26. we just stay together for 3 years, then 1996 when I decided to leave,untill now we dont have communication at all.Can I get married again?Is it valid until now?what move I will do ?pls hep me what to do.
Thank u so much

Gianne, you can get married again as soon as you obtain an annulment.

Hi, I got married at the age of 20 years old bt never lived with the man until we broke up 15 years ago. All the while, I thought that the marriage is not legal because no one’s with us except for the person who initiated the ceremony and my boyfriend told me that it’s not legal. My current boyfriend and I is planning to get married but when I got a copy of CENOMAR from NCSO, it says there that I am married to my previous bf. What is the best thing for me to do?

Thanks!

Gia, if you really think your marriage is not valid you need to consult a lawyer and present all documents that you have and can obtain and tell him everything that happened to find out the best grounds to use in filing a petition for annulment.

HI Sir/Madam

i am a filipino citizen married to a US citizen..We are married here in the philippines in 2005.But before she got her US citizen we are married in the philippines.Now she sent me a annulment papers but i refused to sign it..i dont want our marriage to be annuled what should i do??can she get married even if i dont sign the papers??pls help me

ladine, your wife may obtain a divorce overseas but it will not be recognized in the Philippines (if she was a Filipino citizen at the time of your marriage) but it will allow her to marry again overseas.

I am US citizen egaged to another US citizen. His former wife is Filipino. My fiance has said that he is divoice from the Filipino because the US does not recognize his marriage in the Philippines. Is this true? If not, what must be done both on my fiance side and his former wife?

JoAnn, the US does recognize valid marriages solemnized in the Philippines. The Philippines does not automatically recognize the divorce of Filipino citizens as there is no divorce in the Philippines. Which means though there was a divorce granted in the the USA to be valid in the Philippines the former wife must file a petition for recognition of foreign divorce if she qualifies to have her status changed to single in the Philippines.

Hi good afternoon i have some questions for getting married.
1..i am a filipina and my bf is american citizen who is a marine and now based in japan.
he is divorced with his filipina ex wife..they got married in japan.
is that marriage recorded in philippine NSO?
since his ex wife was divorced to japanese nationality..or his past marriage can be recognized only in japan.
we want to get married in 3 months from now and were thinking if its better here in Philippines then how can he bring me to japan after getting mARRIED?and how can i go with him to Usa?
2..
are we going to file a k3 visa?or we can have a special visa process in japan since hes based there as a marine?
we might one some help from a lawyer in March as we cant live away from each other anymore.
thanks.answeres will be highly appreciated.

Barbie:

1. To find out if it is recorded your boyfriend must check with the NSO.
2. Visa for Japan, you have to check with the Japanese Embassy, Visa for USA check with the American Embassy.

Good day! I got married last 1994. Four years after, my husband was convicted of rape. I gave him all the support but to my disappointment, he made another crime while in jail- molested a visitor. After then I decided to stop giving him support. Can it be a ground for annulment? Thank you very much.

Danna, that crime is not grounds for annulment.

Im a norwegian. I married a filipina civil wedding in the philippines in 2000. We got divorced in norway 2006. I tried to get married again in philippines in 2009, but its hard caus of my previous marriage. Thats why me n my girlfriend went to norway and we got married there instead. Can me and my second wife also get a marriagecontract in the philippines and to be registered as a married couple in NSO even if i have been married before in the philippines??

Ola, we can answer your question without seeing all the pertinent documents of your marriage.

my parents married n the philippines and my dad migrated to the us and filed for a divorce and was approved while he was still an immigrant which now hes currently us citizen. can my mom call here self single and legally separated in the philipines? im a us citezen and petitioning her will be there a problem declaring her self single in the petition?

Mark, under Philippine law your mother is still married to your father. The US embassy will most probably consider that she is married, they do a background check. Your mother must obtain an annulment if she wishes to be single.

I was a Filipino National when I did married my British husband in the Philippines. I do live here in the U.K. for 12 years now and became a British citizen on 2002. I did file a divorce last year and got a decree absolute divorce.
Can I remarry in the Philippines?
Is it Judicial Recognition of Decree Divorce i need to file or Annulment of marriage?
Please help.
Your reply is very much appreciated.
Respectfully yours,
Maria

Maria, you will have to file for an annulment in the Philipines. The divorce you obtained in the UK will not be recognized in the Philippines.

good day!!!
im planningto file an annulment case to my husband..but now i got a letter from DOJ coz he asked for help there to get our daughter.our daughter is just 3yrs old im in norway at the moment and going back to phil.this april.kindly help me what what shall i do or what can i do and to get a sole costudy.beside since september last year he never give any financial suport or just visit my daughter.but before christmas he took my daughter and did`nt bring to my moms lace on the day we agreed he will bring back the kid.i really need ur opinion.. thank u so much godbless & more power…

I’m a naturalized filipino and married a girl, who is a US Citizen, here in the philippines. Since our marriage has fallen apart a few months back, she’s now back in the US. I’d like to file for an annulment but would like to know the fastest possible route, should I…

1) Ask her to file for divorce in the US (New Jersey)and have that recognized here?

2) OR File for annulment as we have had irreconcilable differences which led to our separation.

Would appreciate any form of help or direction you can advice me with.

thanks

Ted, was your wife already a US citizen when you married her? if yes it will be faster for her to obtain a divorce in NJ and then you can have it recognized here. If she was a Filipino citizen at the time of your marriage, you will need to file a petition for annulment in the Philippines.

My girlfriend and I wanted to get married in church in the philippines. She was civilly married to a foreigner,her EX husband is now living in the philippines and had obtained a resident visa (13a),my question is, can her ex-husband still keep his resident visa in the philippines even if they are divorced?
Hope you can help with this question

Hans, since the visa is based on his marriage to a Filipina, his visa will be eventually canceled once immigration knows of the divorce.

What if I am a Philippine Citizen when I was married in the Philippines. Marriage fell apart, Went to the US and obtained US citizenship. USA allows Divorce and since I am already an American citizen i can file for it, will my divorce papers w/c is filed here in the United states nullify/void my marriage in the Philippines? after filing the paperwork here, can I legally marry here in the United States? and can my (ex)wife also legally marry in the Philippines? (almost the same situation by ted above) Thank you.

Brando, a divorce obtained overseas by a former Filipino citizen will not be recognized in the Philippines. You can remarry in the US if you obtain a divorce there but it will not be valid in the Philippines. Your ex-wife will not be able to remarry in the Philippines.

I am glad, I saw your site today. I have questions. I have met a guy from onloin dating and we are planning to meet this year once, I had my vacation and planning to get married in the Philippines. My Bf is American citizen currently married to a Filipina but after he went back in U.S the Filipina did not communicate with him. But they are legally married in P.I for 6 days when he got back home in U.S. so the pinay and him did not have any contact and once of her cousin tell that she went to Dubai without his knowledge. My Bf wants to have legally separation with her and we can freely to marry in the Philippines.

Did he need to apply Annullment even he is U.S citizen?
and one more question,

The documentary of his refences got mistake the spelling of his mother. Is that the marraige can be considered void or invalid?but-

the Marraige has record in NSO. We are confused about this. Please help

Farah, he either get a divorce in the US and then file a recognition of foreign judgment in the Philippines. Or file a petition for annulment in the Philippines. The spelling mistake of his mother’s name does not invalidate his marriage.

hello po… im a filipino citzen living in japan. i was married to japanese citizen way back 2004 and the marriage held in the philippines… the marriage recognize here in japan.. last sept. of 2009 we got our divorced in city hall here in japan.. i have us military boyfriend now base in japan also, and we are planning to get married..my question is, am i allowed to get marry again outside the philippines? will my divorced here in japan recognize by the US goverment in able to marry my us military boyfriend?what will i need to do to re marry again?

Lib, you can not legally remarry, without having your divorced recognized in the Philippines.