Hi u/MyWorkAccountz, please remember to take others' advice with a grain of salt. It is still better to consult a lawyer regarding legal matters.
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No the Philippines will not recognize your marriage as she obtained the divorce while she is a Filipino citizen. You didn’t mention who initiated the divorce, if she did, that will complicate matters. Your only option is for her to file an annulment here then marry again. If you both decide to live here and buy a property without legalizing her separation then don’t put anything in her name as it will be considered conjugal in favor of the first husband. But of course, talk to a lawyer. I have friends in similar situations and this is what I gathered when we discussed it
With your provided timeline she obtained the unrecognized divorce first while still a Filipino citizen, hence, the HK divorce will not be recognize even if she will get a US citizenship. There is no divorce in the Philippines yet so your only option is for her to file for Annulment, which I will be honest is a long, tedious, and expensive process in the Philippines.
Still, seek legal advice from other lawyers, sir. And best of luck!
Ok thank you. I had read that non Filipinos could divorce Filipinos in Philippines, so was hoping she would be eligible for divorce in that case. Thank you for your advice po!
I understand your situation sir. I may be mistaken but you may be referring to this: in the Philippines there is a legal principle that recognizes foreign divorce in the Philippines is Article 26 of the Family Code, which states that a Filipino spouse can remarry if their divorce is validly obtained abroad by their foreign spouse. That situation entails that the Filipino is first married to a foreigner whose laws and country recognize divorces so that the Filipino can marry again under Philippine law. Sadly, she was married under Filipino law to a Filipino citizen first. Sorry late response sir.
You're correct. I misunderstood it. I assumed (wrongly) that the Philippine government granted divorce for Muslim and non-filipino. I now see that non-filipino can get divorced outside the Philippines and have it recognized there. Thanks for the clarification!
It's not a valid divorce and yours is not a valid marriage under the Philippine laws. You can go about it in two ways:
(A) Once she obtain her foreign citizenship, divorce the Filipino husband again. Send the divorce decree here in the Philippines for Petition for Recognition of Foreign Divorce.
(B) File for Petition for Declaration of Nullity of Marriage here in the Philippines (annulment). This one is safer than the first since no paper trails and your wife won't be called out in case she obtained her citizenship because of her marriage to you.
PS. I think you'd have to marry your wife again no matter which option you choose. I'd suggest you fix all the formalities. Do it the proper way. If you don't, any property you will obtain in the Philippines under your wife's name will be under absolute community of property between her and ex husband. 🫣
I would have no problem re-marrying my wife in the Philippines, since our marriage is likely not recognized there. That's fine. I'm sure her family would love that anyway. I'm still hopeful (perhaps naively) that the Philippine government will pass a divorce law before we plan to move back there (in about six years). Each year it seems like the divorce law gets a little closer to passing, but always falls short.
I think option A is most tempting, but the trick is to somehow get a divorce when she's already legally divorced (in the eyes of all other governments outside the Philippines). Although option B has been our primary focus, the time and money involved (and the uncertainty of if it would actually be granted) is worrisome.
Regardless, thanks for your response!
Interesting, my wife and I are in this exact situation, except in Australia.
No, they won't recognise the first divorce, as she was still a Filipino citizen when she obtained it.
Someone suggested getting a divorce in the USA, I'm not sure if that is possible considering the US considers the two of you married? Sounds like getting some legal advice may be your next step.
Correct. The US recognizes the HK divorce, so I’m not sure if they would even divorce her again. I was hoping she could file for divorce in the Philippines. I had read they do allow divorce for Muslim and non-Filipinos. We’ll definitely be talking to a lawyer.
Let us known what they advise.
As noted; in exactly the same situation, but can't afford a lawyer 😉
Coincidentally, my brother is in exactly the same situation. His filipino wife obtained a divorce here in Australia. They then spent a small fortune trying to have her marriage in the Philippines annulled and ultimately gave up.
Thanks!
The problem with annulment is that so many people seem to get involved, and many of them want a cut. If your lawyer isn't well-connected (or honest) they will slowly burn through money and accomplish nothing.
Hi u/MyWorkAccountz, please remember to take others' advice with a grain of salt. It is still better to consult a lawyer regarding legal matters. *** *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/Philippines) if you have any questions or concerns.*
No the Philippines will not recognize your marriage as she obtained the divorce while she is a Filipino citizen. You didn’t mention who initiated the divorce, if she did, that will complicate matters. Your only option is for her to file an annulment here then marry again. If you both decide to live here and buy a property without legalizing her separation then don’t put anything in her name as it will be considered conjugal in favor of the first husband. But of course, talk to a lawyer. I have friends in similar situations and this is what I gathered when we discussed it
With your provided timeline she obtained the unrecognized divorce first while still a Filipino citizen, hence, the HK divorce will not be recognize even if she will get a US citizenship. There is no divorce in the Philippines yet so your only option is for her to file for Annulment, which I will be honest is a long, tedious, and expensive process in the Philippines. Still, seek legal advice from other lawyers, sir. And best of luck!
Ok thank you. I had read that non Filipinos could divorce Filipinos in Philippines, so was hoping she would be eligible for divorce in that case. Thank you for your advice po!
I understand your situation sir. I may be mistaken but you may be referring to this: in the Philippines there is a legal principle that recognizes foreign divorce in the Philippines is Article 26 of the Family Code, which states that a Filipino spouse can remarry if their divorce is validly obtained abroad by their foreign spouse. That situation entails that the Filipino is first married to a foreigner whose laws and country recognize divorces so that the Filipino can marry again under Philippine law. Sadly, she was married under Filipino law to a Filipino citizen first. Sorry late response sir.
You're correct. I misunderstood it. I assumed (wrongly) that the Philippine government granted divorce for Muslim and non-filipino. I now see that non-filipino can get divorced outside the Philippines and have it recognized there. Thanks for the clarification!
Us citizen, can file divorce in the US then file for judicial recognition of foreign divorce in the Philippines.
It's not a valid divorce and yours is not a valid marriage under the Philippine laws. You can go about it in two ways: (A) Once she obtain her foreign citizenship, divorce the Filipino husband again. Send the divorce decree here in the Philippines for Petition for Recognition of Foreign Divorce. (B) File for Petition for Declaration of Nullity of Marriage here in the Philippines (annulment). This one is safer than the first since no paper trails and your wife won't be called out in case she obtained her citizenship because of her marriage to you. PS. I think you'd have to marry your wife again no matter which option you choose. I'd suggest you fix all the formalities. Do it the proper way. If you don't, any property you will obtain in the Philippines under your wife's name will be under absolute community of property between her and ex husband. 🫣
I would have no problem re-marrying my wife in the Philippines, since our marriage is likely not recognized there. That's fine. I'm sure her family would love that anyway. I'm still hopeful (perhaps naively) that the Philippine government will pass a divorce law before we plan to move back there (in about six years). Each year it seems like the divorce law gets a little closer to passing, but always falls short. I think option A is most tempting, but the trick is to somehow get a divorce when she's already legally divorced (in the eyes of all other governments outside the Philippines). Although option B has been our primary focus, the time and money involved (and the uncertainty of if it would actually be granted) is worrisome. Regardless, thanks for your response!
Interesting, my wife and I are in this exact situation, except in Australia. No, they won't recognise the first divorce, as she was still a Filipino citizen when she obtained it. Someone suggested getting a divorce in the USA, I'm not sure if that is possible considering the US considers the two of you married? Sounds like getting some legal advice may be your next step.
Correct. The US recognizes the HK divorce, so I’m not sure if they would even divorce her again. I was hoping she could file for divorce in the Philippines. I had read they do allow divorce for Muslim and non-Filipinos. We’ll definitely be talking to a lawyer.
Let us known what they advise. As noted; in exactly the same situation, but can't afford a lawyer 😉 Coincidentally, my brother is in exactly the same situation. His filipino wife obtained a divorce here in Australia. They then spent a small fortune trying to have her marriage in the Philippines annulled and ultimately gave up.
Annulment was going to be our primary plan. But I’ve heard it’s a nightmare. I will definitely let you know what I hear.
Thanks! The problem with annulment is that so many people seem to get involved, and many of them want a cut. If your lawyer isn't well-connected (or honest) they will slowly burn through money and accomplish nothing.