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Viking

Possible trouble??

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9 hours ago, Mike J said:

You should not have a problem.

https://news.abs-cbn.com/news/04/24/18/supreme-court-says-foreign-divorce-valid-in-ph

MANILA (UPDATE) - Filipinos divorced in other countries are allowed to remarry under Philippine law, the Supreme Court said Tuesday.

Voting 10-3, magistrates of the high court ruled that a divorce obtained by a Filipino citizen against a foreign spouse overseas is valid in the Philippines.

Thanks a lot for that information :thumbsup:

Only thing in my mind now is that she was a Philippine Citizen when she got married but Swedish Citizen only when she got divorced. The law say a divorce obtained by a FILIPINO Citizen against a foreign spouse overseas is valid in the Philippines. Since she was no longer a Philippine Citizen at the time of the divorce, I guess this don´t apply to her and that Swedish law applies. I probably worry too much about this, but it is Always good to know the facts instead of assuming what we THINK is right.

Maraming salamat Mike :tiphat:

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6 hours ago, gery0x said:

Legally, they can file an adultery case if the girl is still married to another guy!

Maybe this is a stupid suggestion from my side, but if you're worried about that, why not simply go to a different island or city/barangay and fly under the radar?

This is the kind of problem I was thinking of. Can anyone file such a case or is it only the ex husband who can do it?

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Is there a Filipino Embassy in Sweden?  That would be a good starting point.

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8 hours ago, Viking said:

Can anyone file such a case or is it only the ex husband who can do it?

I found this information here:

https://attorney.org.ph/legal-news/141-the-elements-of-adultery

 

and there it says this:

Quote

The offended spouse should be the one to file a case of adultery against the offending spouse. Unlike the criminal offenses of rape acts of lasciviousness, seduction and abduction, no one else can file a case of adultery on behalf of the offended spouse.

 

So I guess you're safe as long as the ex husband will not file any claims, which is highly unlikely as I understand.

 

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16 hours ago, gery0x said:

I found this information here:

https://attorney.org.ph/legal-news/141-the-elements-of-adultery

and there it says this:

So I guess you're safe as long as the ex husband will not file any claims, which is highly unlikely as I understand.

 

Excellent!, Thats what I was looking and hoping for :thumbsup:

Maraming salamat!!!

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It's true that the Philippines now recognizes divorces abroad from foreign spouses, but apparently there’s more to it than just submitting a copy of the divorce with your dual citizenship application and other paperwork. You still have to go through some court proceedings in the Philippines to get the divorce officially recognized.

https://deborjalaw.com/recognition-of-foreign-divorce/

As part of my wife’s dual citizenship application we had to submit copies of her current US passport and most recent Philippine passport. If there’s any evidence in either of those that she might have been married previously (e.g. different last name) that will raise questions. It didn’t stop my wife’s dual citizenship from being approved, but the dual citizenship certificate does also list her former married name as one of the names she’s known by (AKA).

Getting a Philippine passport with her current married name may be more problematic though. As part of the passport application we had to submit our US marriage certificate, as well as a Certificate of No Marriage (CENOMAR) from the Philippines. Since you said your wife’s first marriage took place in the Philippines, that will probably show up.

 

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