Divorce Advice for Helper



ORIGINAL POST
Posted by PLAXTON 10 yrs ago
Dear All, any advice on this would be much appreciate:
My helper got married in the Philippines to another Filippino about 15 years ago and they had 1 daughter. The marriage broke down. He has got a job in Canada and has been there more than 1 year. The daughter remains in the Philippines, visiting her mother in HK regularly and the mum lives here in Hong Kong. Her estranged husband has filed divorce papers on her from a court in Ontario and these were served on her by the mother in law. My understanding is that divorce in the Philippines is not easy to get. My question is two fold - anyone know if a) she has to respond at all acknowledge his filing of divorce in Canada and b) if a divorce is granted to him without her knowledge in Canada would this be upheld in the Philippines? If anyone has any knowledge of this or can advise who I could speak to it would be hugely appreciation. Many thanks in Advance.

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COMMENTS
hkwatcher 10 yrs ago
No divorce in Phils but if the divorce is granted in Canada then she go to the National Statistic office in Phils. and they will tell her the final decree will be acknowledged. It may be they will simply say she is a widow b/c there is no divorce. I am not a lawyer and this advice is just my opinion and may or may not be valid, but is worth a try.

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jingjing2011 10 yrs ago
There;s no divorce in the Phils. but there;s an annulment and they need to pay a hundred 140.00 thousand pesos to settle it...

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gíe 10 yrs ago
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.
Yes,divorce is not recognized in the Philippines. But Here 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.<<
Filing divorce in Canada to any Filipino spouses is way much easier even if the spouses will sign or not the docs thats gonna be delivered to her/him, and the recipient will now had to contest the said divorce papers which is time&financial consuming for just 30 days and the divorce case will now be finalized . CANADA HAS DIFFERENT LAW ON THIS. And many Filipino obtained their divorce in Canada without hassle and in short time. take note the divorce will not be recognized in the Philippines unless this husband file a petition for recognition of foreign judgment in the Philippines.
What may arise if the divorce is not recognized in the Philippines? This husband may not marry in the Philippines and if this husband does remarry overseas and come to the Philippines HIS WIFE may file criminal charges against HIM AND HIS 2ND WIFE for bigamy and concubinage...
Anyways, it is best to consult a lawyer on this.

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