MARRIAGE/DIVORCE HELP!



ORIGINAL POST
Posted by reygabatan 5 mths ago
Hi All!

Please help me im confused with my situation.
 
I'm a male, hong kong resident, filipino, married in the phillipines. Getting divorce in hong kong (on process), marrying again to a filipina(not married) in hong kong.

So my questions are:

#1 Can my soon-to-be-wife carry my surname in her philippine passport once we're married? can she change her philippine passport?

#2 Can my soon-to-be-wife change her surname in her hong kong id?

#3 My divorce letter in hong kong will acknowledge in the phillipines? its 2020 btw.

#4 Once we got marry in hong kong, if we get back to phillipines, are we still married? (no annulment or etc has been filed in the phillipines so im still married to my first wife there). and am I will be charge with bigamy?

these are my questions.. please free to anwer and i'm thanking you guys in advance.

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COMMENTS
LeGypsie 5 mths ago
#3 My divorce letter in hong kong will acknowledge in the phillipines? its 2020 btw.

Gonna try to help here, from what I can see, the following holds true at this point.

"Philippine law does not provide for divorce inside the country, and it remains the only UN-member state beside Vatican City without legal provision for divorce. The only exception is with respect to Muslims, who are allowed to divorce in certain circumstances according to their religion."

"Act No. 2710 was passed by the Philippine Legislature on March 11, 1917 which allowed for absolute divorce on the ground of criminal conviction for adultery on the part of the wife or concubinage on the part of the husband."

So if you got married in the Philippines and you want to register yourself as divorced, you kinda need to be aware that when you apply for a divorce in HK, you have to be petitioning for a divorce that will also be recognized in your own country before it is also a legal thing for you to be remarried. Divorce and marriage are not like a simple step from one to the other.

Your best bet is not to ask on Asiaxpat, your best bet is to actually ask someone at the Philippine consulate about whether or not your marriage in HK (divorce being recognized and all) will be acknowledged by the Philippines or whether it will be considered illegal.

It being 2020, does your wife actually NEED to take on your last name? Honestly, it is 2020, there is no necessity for that, its a very old school/traditional way of proving ownership over someone, just sayin :)

That said: If you are (a) approved a divorce and can prove that to be true (b) you technically can be approved to remarry as long as you are both legally single (c) and hence she can certainly change her last name to your last name, in Hong Kong, by declaring the choice to do so and then that would apply on her ID card too.

IF the Philippines is in fact a divorce illegal country, one in which a divorce applied for outside the country, then its unlikely your wife would be able to change her last name to yours on her passport if her marriage isn't recognized as legit. Which again brings me back to the initial suggestion that you ask the consulate for advice because that is the only place you will get the truth about the actual LEGAL aspect of your plans. Whats the worst that can happen? You learn the truth!

Its important you know your rights, its important you don't do something you will regret, and knowing the truth is empowerment. I wish you all the best! :)

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bananaq 5 mths ago
This is my 2 cents pare ko. you cannot divorce your wife in Philippines, only annulment and you must be at least 7yrs physically separated from her to apply. Have you done that? if not i suggest that you file it now.
If you marry your G/F in Hong Kong (not in the Philippine consulate) your marriage to your G/f is not valid in Philippines so she cannot carry your surname. Also the HK law might not allow you to marry because in your passport or immigration record you are still very much married. And if your wife in the Philippines find out that that you re-marry again she might sue you in court.
Another option is you talk to a Muslim Imam and he might help you get 4 wives.

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