Dumaguete Info Search


Philippine law, you, and marriage

Discussion in '☋ Expat Section ☋' started by SurfinUSA, Jul 29, 2011.

  1. PangitPilot

    PangitPilot DI Forum Adept

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    Yep, we are all "Aliens" not Foreigners. Your job is to bring what you have here and leave it here, the remainder of you life is to be dedicated to that cause :D However, you are allowed to enjoy yourself along the way :D

    What the hell, cannot take it with you and why leave it for some ex back home to enjoy .. might as well do something useful and improve the living standards of folks here :smile:
     
  2. shadow

    shadow DI Forum Luminary

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    The reality is, you may get something in a case of amicable separation. If not amicable, it would likely be best to not press the issue. Too many cheap and easy ways to eliminate the problem (you).

    Larry
     
  3. Brucewayne

    Brucewayne DI Member

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    Did you fellas see in the news that the Philippines is now the only country on Earth that does not allow for divorce in the country?
    I can't remember what the last country was to drop the no divorce law (I think it might have been Cambodia), but the Philippines became the only one a few months ago.
     
  4. jimf

    jimf DI Member Showcase Reviewer

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    This is a great post PP hahahaha, "your job is to bring what you have and leave it!"
    You are exactly right though. At least there you can enjoy yourself along the way...and why not leave it someone (or family) who would benefit and is actually....grateful?
     
  5. Jack Peterson

    Jack Peterson DI Forum Luminary Highly Rated Poster SC Connoisseur Veteran Air Force

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    Not so!

    :confused: Bruce! SPAIN, MALTA, ANDORA ARGENTINA AND THE VATICAN STATE. All have amended their divorce laws to coincide with Catholic ways of Divorce. As discussed earlier, DIVORCE is Legal, IF you are a Foreigner married to a National. EVEN in the PI. Lets not confuse the issue please, Until the Pope OR PRESIDING Government says different (and I wonder who is more important) any nationals of the same CATHOLIC Country, CAN NOT DIVORCE. The No divorce law you quote is not as clear as it seems.
     
  6. UncleFatBloke

    UncleFatBloke DI Member

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    That makes more sense. Thanks for the info Jack.

    Wait up!
    As I write this I did a Google search, and to be more specific, a divorce is only possible if:
    1. the marriage was solemnized outside of the Philippines, and
    2. the divorce was applied for by the foregeiner and granted outside of the Philippines.

    Apparently the Filipina/o can't apply for a divorce because "under the nationality principle (Art. 15, Civil Code), all Filipinos – wherever they may be in the world – are bound by Philippine laws on family rights and duties, status, condition, and legal capacity."

    source:
    Divorce and Annulment in the Philippines at Philippine e-Legal Forum

    --------------------------------------------------------
    “We don’t stop playing because we grow old; we grow old because we stop playing.”
     
  7. Jack Peterson

    Jack Peterson DI Forum Luminary Highly Rated Poster SC Connoisseur Veteran Air Force

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    There it is!

    :smile:UFB, you are correct, the thing is, that the majority of countries that are Catholic based (Not wishing to be Anti-Church, each to their own) are now thinking the same way. From what I gather, having spoken to a few priests, it is mainly to protect the nationals, who do make a mistake, Away from Home. Divorce is a nasty thing (Bin there and done it) Second time around works well for most people (me in my case) Why? shouldn't everyone, have the right to have that 2nd chance? The OP was right in the main, as I said, it is a Complex issue, Apart from the Vatican state (No chance there of a Divorce) Malta and Andora needed to come into line since, their admission to the EU. The PI, will I feel will, as he says, be the only Country to observe the NO DIVORCE rule. Spain has had a Radical change of view, I think mainly because of the amout of Foreigners living there. Anyway, Just needed to clarify that Divorce, is an option, for our lovelly girls, IF they get the wrong man and marry abroad.

    Jack P.:smile:
     
  8. shadow

    shadow DI Forum Luminary

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    Guys, it really is not as difficult as all that.

    A Filipino can get a divorce most anywhere in the world, except the Vatican and Philippines.

    That divorce will be legal anywhere in the world, except Vatican and Philippines.

    IF the divorce petition was filed by the foreign spouse abroad, and granted the foreign spouse the right to remarry, the Filipino spouse can also remarry, even in the Philippines. (However there are some hoops to jump though)

    It makes no difference where the marriage took place.

    From the Family code, Article 26;

    "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."

    http://www.fil2usavisa.com/index.php?option=com_content&view=article&id=58&Itemid=63

    From Wikipedia;

    "As of 2011, the Philippines and the Vatican City do not allow for divorce. Malta, who formerly doesn't have divorce, voted in favour of its introduction in a facultative, non-binding referendum held in May 2011. From 1971 to 1996, four European countries legalised divorce: Spain, Italy, Portugal and the Republic of Ireland.[1]"

    Larry
     
  9. Jack Peterson

    Jack Peterson DI Forum Luminary Highly Rated Poster SC Connoisseur Veteran Air Force

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    Understanding!

    :smile: Written like you have Larry, I guess we are all, in the Picture. At least, I hope so.
    Not that I am contemplating a Divorce but good to have this Reference.
    Great Imput, Thank You.


    Jack P.:smile:
     
  10. KTM

    KTM DI Senior Member

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    So if you were legally married in a Catholic Church here..........you can't get divorced in the Philippines? Even if you aren't a Catholic?
    Larry, what happens if a foreign spouse is Protestant and paid the marriage 'dispensation', long time ago, still have the receipt(!), think that entitles me to do whatever I want as I am regarded by locals as a different religion entirely from Roman Catholicism?:D
    (PS Not that I'm intending to get divorced....... yet!):wink:
     
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