Divorce in Spain recognised can remarry in RoP

[johncar54]

My wife, Filipina national, and I married Philippines

It would appear that if we get a divorce in Spain where we live, that will be recognised and either / both could remarry in RoP.

See www.hg.org/article.asp?id=20090

I would be interested in other views on this.

[fred]

Not sure what you mean by RoP John??
I assume that you mean R.P?
In that case a guy that marries a Filipino can of course initiate a divorce outside the R.P and it will be legally binding there AND in the R.P for both parties. As long as the Foreigner has the Divorce settlement papers he/she can remarry in the R.P or anywhere else in the world.. The Filipino however will have to follow other procedures which show clearly to the local courts in the Philippines that the divorce was not initiated by them and that they had to abide by the laws where the divorce was granted..I`m guessing, but would think that if they readily agreed to a divorce on a legal document,perhaps this would make their time much more difficult in a court of law here?
I would imagine that this would be a huge life hassle for the Filipino involved regardless..I would also guess that the procedure would cost them a lot of money and time to process.
If this is about the demise of your marriage John...I`m sad to hear of it.

[johncar54]

Hi Fred,
By RoP I meant Republic of the Philippines

Thanks for your post.

I am just exploring my options !

[grahamw48]

I was married in the Phils and later divorced in the UK.

No problems for me remarrying in the Phils.

Not sure how the (cheating) ex was affected, as regards Phils law, as I left it for her to initiate divorce proceedings (and pay for them). She has since remarried, but in Europe, and also had British Citizenship by that time. Complicated.

[johncar54]

Just a couple of thoughts on this:

1 If a couple get an annulment, then it would appear that as the parents were never married (that is what an annulment is, as opposed to a divorce) then the children must be illegitimate,

2 If a non-Filipino partner gets divorce (in another country) but his wife is not recognised as being divorced in Philippines, and the former non-Filipino partner gets married, maybe even in The Philippines, then the Filipina who is ‘not divorced’ is still married to a person is married to someone else !

Is it not well over due that Divorce is introduced in Philippines, if only to avoid the Philippines judicial system looking foolish.

[grahamw48]

Yes. Good points.

Since my first wife's divorce will not be recognised in the Phils... as a Filipino citizen (because as far as they are concerned there IS no divorce), then at some point, somewhere, she has committed bigamy... IF she has retained Filipino nationality.

Of course their (no) divorce laws only apply to their own citizens, not to us nasty poriners.

Annulment... that bit of nonsense moneymaker, I can't really comment on, except to say that I was particularly careful in selecting another SINGLE lady to woo, second time around. Couldn't be doing with all that 'separated' baggage, no sir. Sorry ladies.

[fred]

2 If a non-Filipino partner gets divorce (in another country) but his wife is not recognised as being divorced in Philippines, and the former non-Filipino partner gets married, maybe even in The Philippines, then the Filipina who is ‘not divorced’ is still married to a person is married to someone else !

Re read my last post.. There is a process for them to follow IF the foreigner initiates proceedings.

[Harry T]

Sorry i cant help on this one John, but it looks like fred knows the ins and outs of things, in his summary, yes it is about time The Philippines brought in new Divorce laws.