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sonjack2847
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Posted

This will be good news for some people.

 

 

The House of Representatives approved last night a bill that allows a Filipino to remarry in the country if he or she is legally divorced abroad.
Approved on third and final reading was House Bill 5907 or the proposed “Act Recognizing the Capacity of the Filipino Spouse to Remarry When the Alien Spouse has Obtained a Foreign Judicial Decree of Absolute Divorce.”
The bill was authored by Reps. Rufus Rodriguez of Cagayan de Oro and Magtanggol Gunigundo of Valenzuela City.
Some 203 lawmakers voted to pass the measure with Buhay party-list Rep. Lito Atienza voting against it.
Only one out of the 204 congressmen present in yesterday’s session voted against House Bill 5907 or the bill allowing a Filipino spouse to remarry in case the alien spouse has obtained a decree of absolute divorce from a foreign judicial body.
“Buhay party-list cannot participate in the votation of a serious matter that is the product of an erroneous and capricious system where laws are being passed without proper dissemination or information,” Atienza said.
He said he recognizes the good intention of the measure, although it was never debated on floor prior to second reading approval two weeks ago.
Endorsed by the House committee on revision of laws, the measure allows Filipino spouses to remarry if their original partners are able to win a divorce decree from a foreign court.
The bill seeks to amend Executive Order No. 209 or the Family Code of the Philippines.
Another objective of the proposed statute is to simplify the process of recognition of a foreign judgment on divorce obtained by a foreign spouse.

 

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Jollygoodfellow
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This will be good news for some people.  

 

Perhaps but on a much smaller scale than if they ever allowed divorce in their own country. I wonder what the statistics are of those who were in a marriage and now basically single but can not move on from the situation as they will always be married according to the law as it stands now.

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sonjack2847
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This will be good news for some people.  

 

Perhaps but on a much smaller scale than if they ever allowed divorce in their own country. I wonder what the statistics are of those who were in a marriage and now basically single but can not move on from the situation as they will always be married according to the law as it stands now.

 

Yes but a step in the right direction!

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Mike S
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Posted (edited)

Read something interesting a couple of days ago ....... the Philipines is the only country other than the Vatican that doesn't allow divorce ....... not only great input from the church but I suspect just as many males here don't want divorce so their wives will just have to put up with their extra curricular activities ...... which is another reason there is no child support here ..... JMHO

:cheersty:

Edited by Mike S
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  • 2 months later...
maxbme
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I guess this would resolve my issue.  So if my filipina girlfriend gets a divorce in Hong Kong, the Philippines will allow her to marry? If that is true, then I will be able to get a K1 visa for her to the U.S.  This would be great news!!

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scott h
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So if my filipina girlfriend gets a divorce in Hong Kong, the Philippines will allow her to marry?

 

Suggest you do more research Max. The way I have read the new law is that foreign marriages with end in foreign divorce are accepted and that the spouse can remarry. I might be wrong, hope I am. If it was me I would get some serious legal advice before buying plane tickets and such.

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maxbme
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So if my filipina girlfriend gets a divorce in Hong Kong, the Philippines will allow her to marry?

 

Suggest you do more research Max. The way I have read the new law is that foreign marriages with end in foreign divorce are accepted and that the spouse can remarry. I might be wrong, hope I am. If it was me I would get some serious legal advice before buying plane tickets and such.

 

 

Yes I already am checking on that.  Thank you!  She has been rejected for a visitors visa and now we are looking to find out whether or not the US Consulate will recognize a foreign divorce so we can get married and she can come to the US.  We are in the process of an annulment and 8 months have passed and hoping for the first court date shortly.

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Jack Peterson
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I guess this would resolve my issue.  So if my filipina girlfriend gets a divorce in Hong Kong, the Philippines will allow her to marry? If that is true, then I will be able to get a K1 visa for her to the U.S.  This would be great news!!

 OK so now l lets look at this in some depth. We went over this last year some time but there are a couple of things that you will need to do, Any Divorce that is accepted abroad will be Honoured here but it is not Automatic. you have to get Your City hall to sign it off ( here you may hit a snag or two as not all officials will be willing to sign off.) then there will be a Court appearance for a Judge to sign it off, then she can remarry. Until the  New/ Amended Law is in place the present law will take Precedence.

All this of course is always a grey Area but My friend, i will ask you, Where did she get married?

I ask only that if this was here in the Philippines it will not be possible to go to Hong Kong for a Divorce. Only marriages contracted outside the Philippines are subject to Divorce. 

Don't mean to dampen your Spirits but best you know before you start throwing your hard earned cash around. :thumbsup:

 

https://psa.gov.ph/civilregistration/problems-and-solutions/annotation-effects-divorce-declared-foreign-country

 

jack :)

 Morning All. :morning1:

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Dave Hounddriver
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So if my filipina girlfriend gets a divorce in Hong Kong

 

Was she married to a Hong Kong citizen?  If not, what was the nationality of her husband?  The easiest way for her to get divorced if he goes back to his own country and divorces her, and then she gets the paperwork and shows it to the US Consulate.  (More bureaucracy may be required but this is the gist of it).

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RonHenk
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My understanding of this law is it is meant to benefit those filipino spouses who were married to a Foriegn spouse and the marraige was obsolved by  divorce through NO FAULT OF THEIR OWN. Meaning, the Filipino CANNOT be the one who filed the petition for divorce. It has to have been initiated by the foriegn spouse. By Philippine law, It is still illegal for a Filipino to divorce. Foriegn or not. 

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