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Marriage Visa Change in Notarization Requirements for Legal Capacity to Contract Marriage

Discussion in 'Passports and Visas' started by SkipJack, Apr 6, 2021.

  1. Volti62904

    Volti62904 DI Junior Member

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    Right, the man can only get into trouble if he's with a woman who is still married (ie., Separated, abandoned, etc) and the husband files a complaint.

    As I'm a foreigner, my divorce was finalized in the US. There is a lot of debate, but no actually laws regarding if a foreigner needs to have his divorce recognized here in a separate procedure or if it is just accepted. The biggest conundrum I run into is people telling me that, just like the Filipino spouse, I need to file a "Recognition of Foreign Decree" case with the RTC. However, the RTC maintains that "FOREIGNERS HAVE NO LEGAL STANDING IN OUR COURT AND, THEREFORE, CANNOT FILE CASES".

    Recent court decisions have removed the necessity of the Filipino spouse to even file such a case any more as it is discriminatory and unnecessary red tape. There are also legal precedents that say the reason the FAMILY CODE was written in the first place was to REMOVE THIS BIT OF INJUSTICE WRITTEN INTO THE CIVIL CODE ART 15. Article 15 held that, despite the foreign spouse getting a foreign divorce, the laws of the Philippines did not allow the Filipino spouse to recognize the divorce as Divorce was illegal in the Philippines. It was based on morality more than law.

    But the concubine issue is why I won't list any woman on my "Affidavit in Lieu of". Knowing the Embassy, they just listed everything including the kitchen sink just to make sure the Affidavit was always accepted.

    Oh, the reasons it was so obvious that the rude Embassy person never even read my email is 1) he/she never even noticed that I had already received a reply from a different employee; and 2) I signed my real name at the bottom of the email but my address has a nickname. The employee called me by my nickname; NOT MY REAL NAME! Even in the previous reply, which was quoted, the other employee greeted me by my real name .

    So it sounds like you think that submitting my Affidavit along with the certified divorce decree (and a copy of the Memorandum just to be safe) to the PSA should get the Divorce recognized. Am I correct? Other than a court case I cannot think of any other way. I've heard that some people just took the Affidavit, CENOMAR and the decree pertaining to the marriage in the CENOMAR to get their license and it worked. It all depends on the employee you run into.

    Oh, I wouldn't wanna post it here but if you want to read the reply I sent, let me know an email to send it to
     
  2. Senjenbing

    Senjenbing DI Member Veteran Marines Navy

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    Worked for me
     
  3. Rye83

    Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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    I think it may "work". No idea if that would make it legal or if the courts would side with you. Since they don't recognize divorce you may not be considered single due to your previous marriage taking place in the Philippines.

    I think it is important to look at the individual circumstances to determine the likelihood of trouble down the road. Is you ex-wife bitter towards you? Did she want revenge? Did you blindside her with the divorce or did she want and participate in the procedure? Has she moved on to be with another man? Do you have children with her? If so are you supporting those children financially? Does you current fiance know and have contact with your ex? What are the chances you run into the ex in the future?

    If you have a civil relationship or, preferably, none at all (and keep it that way) with your ex you might be alright. If you have kids and are supporting them financially through a court order (none of this verbal agreement nonsense, an amount ordered to be paid by the government) you should be alright...so long as you continue to support them. The second you stopped payment you go to court and possibly jail.
     
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  4. Notmyrealname

    Notmyrealname DI Forum Luminary Highly Rated Poster Showcase Reviewer

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    I read something some time ago (trying not to be too vague!) that a marriage involving a Filipino and non-Filipino can be ended by divorce but (re. divorce not recognised for its own citizens) the non-Filipino can remarry but not the Filipino.
     
  5. Rye83

    Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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    I've heard that as well. I'm curious if the Supreme Court has heard any cases on the subject.
     
  6. Volti62904

    Volti62904 DI Junior Member

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    It's a confusing issue. Article 15 of the old Civil Code refused to allow the Filipino spouse to be divorced in such a case. The Family Code was written to alleviate that nonsense. Basically, instead of just being a law, Article 15 was more of a "MORALS" clause. Article 26 of the Family Code basically says that foreign marriages, as long as the participants weren't under 18, or too closely related were recognized here. The implication is that Foreign divorces that are legally obtained are automatically recognized. A lot of people force the Filipino spouse to file a Recognition of Foreign Decree case with the RTC, but that requirement is NOT part of the law. The law says the Filipino spouse is ALSO allowed to remarry; AS LONG AS IT'S THE FOREIGNER WHO FILED THE DIVORCE. The problem here is there are too many people in legal positions who do not even know the laws here. So they spout out personal opinions and claim they are actual laws.

    What's really scary is something my Filipino friend told me. He said that I know more about the laws of the Philippines than the majority of Filipinos do. It's true. I mentioned in an earlier reply that I'm not a lawyer, but I have had to defend myself pro se. I've learned how to research legal issues; No, I don't like doing it, but I must be doing SOMETHING right because, so far, I've won every pro se case . My only reply to that is, "imagine what I could do if actually KNEW what I was doing"

    Here's an interesting dissertation of Article 26 of the Family Code that might help you:

    https://jurisdoctor1a.blogspot.com/2018/12/family-code-of-philippines-1.html
     
  7. Volti62904

    Volti62904 DI Junior Member

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    Civil relationship or not isn't the issue. As a visitor, I need to physically leave the country and re-enter every 3 years unless I'm married and have a 13A VISA. With the new normal, if I leave, they aren't gonna let me back in, unless I have a Filipina spouse and a 13A VISA. But if I'm still married to the ex, the main problem is she has disappeared, so I can't be in a 13A with her, so, in about a year or so, I'm gonna be screwed if I can't remarry.

    At least the divorce decree has been issued. I'm just waiting for the certified copies to arrive here. Then I'll get my Affidavit notarized, go to PSA for my CENOMAR and see if they can do anything. If they can't I'll just try the affidavit, decree and CENOMAR route.

    As I mentioned earlier, the Affidavit is written on "pleading paper" and every law and legal authority is spelled out very clearly (like in a lawsuit).

    It looks and reads like a court-issued legal document, so it's bound to help make people think of a way to help instead of just casually dismissing me. Most people are instinctively intimidated by attorneys so that's one advantage I should have in my favor

    Time will tell .
     
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  8. Notmyrealname

    Notmyrealname DI Forum Luminary Highly Rated Poster Showcase Reviewer

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    If a Filipina obtains a foreign divorce from her Filipino husband ( and I know many Filipina students who did that in the UK) and remarries (abroad only I assume), her new marriage is NOT recognised in the Philippines because they are absolutely against recognising her divorce. Divorce can be recognised in certain circumstances (i.e. as you stated, when the foreigner instigates the divorce), so surely it is not a big step to recognise foreign divorce when the Filipina may intend to live abroad most of her life - but finds herself and her husband criminals the moment they step onto the airport tarmac! I believe this is against International Law and the Philippines should be sanctioned until they join the 21st Century.
     
  9. Rye83

    Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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    Is this the motivation for getting married? :cautious:
     
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  10. Volti62904

    Volti62904 DI Junior Member

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    Not deliberately. Most borders are kinda locked down due to the pandemic. In any case, the Family Code is pretty clear that the foreigner is divorced once getting the divorce in his/her own country. I could care less if the ex can remarry or not, that's her problem. I just need to marry again because I found the right person and I wanna stay here. I'm just waiting for the certified copies of the decree to arrive so we can try each of the LGUs in the area until we get our license. My only concern is that most people, especially those in government offices, don't actually know the law, and are never up to date. I'm sure most of them haven't even heard of the Memorandum. In fact I'm sure most PSA employees haven't even heard of it either. So it should be an interesting experience
     
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