here again

[marlyn&kenny]

hello guys, we need your advice please. As i have said n previous threads, my hubby's ex wife s a filipina. we got married last oct.2009 and their divorce is still under process in the court here n the phils to be recognized under phil law.
my hubby believes that Under Uk law,he is legally divorce(he got the certificate of no impediment in brit embassy manila,i had the certificate of no marriage) when we got married. We already got our NSO marriage certificate.

Our question is, will the ECO see it on UK law side or will they also consider phil law? is it possible to call brit embassy here n manila and ask about our situation? Has anyone had this experience?please help us.

thanks a lot guys and God bless

[KeithD]

:Erm: So he's presently married to two women?

[marlyn&kenny]

:Erm: So he's presently married to two women?

under Philippine law?or both! Oh God.

[KeithD]

Philippine marriage is recognised in the UK. So if he's married there to someone, and here to you, he can be arrested for bigamy here.

[marlyn&kenny]

Philippine marriage is recognised in the UK. So if he's married there to someone, and here to you, he can be arrested for bigamy here.
Oh dear! so whats your best advice sir please?thanks a lot

[KeithD]

Oh dear! so whats your best advice sir please?thanks a lot
Your marriage here may be void.... not sure on the law, but it is a jailable offence although that's highly unlikely these days.

Get the annulment ASAP.

[marlyn&kenny]

Your marriage here may be void.... not sure on the law, but it is a jailable offence although that's highly unlikely these days.

Get the annulment ASAP.


u mean sir get their annulment then do we have to marry again?. I have talked to her(hubby's ex wife) SOLICITOR, saying they probably get the decision soon.

[IainBusby]

hello guys, we need your advice please. As i have said n previous threads, my hubby's ex wife s a filipina. we got married last oct.2009 and their divorce is still under process in the court here n the phils to be recognized under phil law.
my hubby believes that Under Uk law,he is legally divorce(he got the certificate of no impediment in brit embassy manila,i had the certificate of no marriage) when we got married. We already got our NSO marriage certificate.

Our question is, will the ECO see it on UK law side or will they also consider phil law? is it possible to call brit embassy here n manila and ask about our situation? Has anyone had this experience?please help us.

thanks a lot guys and God bless

I think that if he was issued with a CNI by the British Embassy and you have been issued with CENOMAR from the NSO in the Philippines, then you have married in the Phillipines and now have your NSO marriage certificate, I think that as far as the ECO is concerned you are legally married.

Where you might have a problem is at the CFO. But just remember, if you don't give them the ammunition, they can't shoot you with it, in otherwords, tell them nothing about your husbands previous marriage.

[KeithD]

u mean sir get their annulment then do we have to marry again?. I have talked to her(hubby's ex wife) SOLICITOR, saying they probably get the decision soon.
As you're married here now, just sort out the Phil end of the problem. Once that's done you'll be fine, but I'm not sure on the legality of UK law about whether a marriage is void or not.

[sars_notd_virus]

u mean sir get their annulment then do we have to marry again?. I have talked to her(hubby's ex wife) SOLICITOR, saying they probably get the decision soon.

did your husband got the decree of divorced before u get married? if yes ,it should be file in court for the recognition of the foreign divorce here in the philippines..

i sent u this link on ur last thread..here it is again sis

http://jlp-law.com/blog/judicial-recognition-of-a-foreign-divorce-decree/

If there’s already a divorce validly secured abroad (by the foreigner-spouse or the Filipino spouse who became a foreign citizen, losing his/her Filipino citizenship in the process), can the Filipino spouse immediately remarry?

No. The existence of a valid divorce decree, however, does not automatically entitle the Filipino to remarry in the Philippines. The foreign divorce decree must be judicially recognized in the Philippines. This means that the proper action or petition must be filed in a Philippine court. For purposes of re-marriage, the divorce validly secured abroad is not automatically recognized here in the Philippines.

Isn’t it enough that I already forwarded the divorce decree to the Philippine Embassy (or the Department of Foreign Affairs) and the National Statistics Office (NSO)?

No. The foreign divorce decree must be recognized here in the Philippines; a process which may only be done through the courts.

Why should we waste money in filing a petition in court for the recognition of the divorce decree?

This is the requirement of law, unfortunately. The divorce decree must be proven, just like any fact, in court. The presentation of the divorce decree is insufficient. Proof of its authenticity and due execution must be presented. This necessarily entails proving the applicable laws of the jurisdiction where the foreigner-spouse (who could be a former Filipino) is a national. One of the requirements under Article 26 is that the decree of divorce must be valid according to the national law of the foreigner.

[marlyn&kenny]

I think that if he was issued with a CNI by the British Embassy and you have been issued with CENOMAR from the NSO in the Philippines, then you have married in the Phillipines and now have your NSO marriage certificate, I think that as far as the ECO is concerned you are legally married.

Where you might have a problem is at the CFO. But just remember, if you don't give them the ammunition, they can't shoot you with it, in otherwords, tell them nothing about your husbands previous marriage.

yes, i did have a problem at the CFO,i made a mistake i did gave them amunition!:Brick::Brick: but the woman there told me she can give me the CFO certificate if im applying for a fiancee visa.. so i might tell the woman its on fiancee visa. the visa will reflect as settlement visa (stamp on the passport)is that correct?
thanks a lot!

[marlyn&kenny]

did your husband got the decree of divorced before u get married? if yes ,it should be file in court for the recognition of the foreign divorce here in the philippines..

i sent u this link on ur last thread..here it is again sis

http://jlp-law.com/blog/judicial-recognition-of-a-foreign-divorce-decree/

If there’s already a divorce validly secured abroad (by the foreigner-spouse or the Filipino spouse who became a foreign citizen, losing his/her Filipino citizenship in the process), can the Filipino spouse immediately remarry?

No. The existence of a valid divorce decree, however, does not automatically entitle the Filipino to remarry in the Philippines. The foreign divorce decree must be judicially recognized in the Philippines. This means that the proper action or petition must be filed in a Philippine court. For purposes of re-marriage, the divorce validly secured abroad is not automatically recognized here in the Philippines.

Isn’t it enough that I already forwarded the divorce decree to the Philippine Embassy (or the Department of Foreign Affairs) and the National Statistics Office (NSO)?

No. The foreign divorce decree must be recognized here in the Philippines; a process which may only be done through the courts.

Why should we waste money in filing a petition in court for the recognition of the divorce decree?

This is the requirement of law, unfortunately. The divorce decree must be proven, just like any fact, in court. The presentation of the divorce decree is insufficient. Proof of its authenticity and due execution must be presented. This necessarily entails proving the applicable laws of the jurisdiction where the foreigner-spouse (who could be a former Filipino) is a national. One of the requirements under Article 26 is that the decree of divorce must be valid according to the national law of the foreigner.

But when we get married i was single and never been married. so there should not be any problem?as my hubby got the decree and absolute and was ableto get the certificate of no impediment.

[IainBusby]

yes, i did have a problem at the CFO,i made a mistake i did gave them amunition!:Brick::Brick: but the woman there told me she can give me the CFO certificate if im applying for a fiancee visa.. so i might tell the woman its on fiancee visa. the visa will reflect as settlement visa (stamp on the passport)is that correct?
thanks a lot!

Where did you go to the CFO, if you went in Cebu, just go and attend again in Manila and if you went to Manila the first time, go to Cebu.

[marlyn&kenny]

Where did you go to the CFO, if you went in Cebu, just go and attend again in Manila and if you went to Manila the first time, go to Cebu.
went in taft avenue manila. how about in CFO quezon city? wont they question it why i need to go to cebu?thanks Iainbusby