Legal Question in Family Law in Philippines

Re: annulment

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Re: annulment

You have to file a recognition of your divorce here in the Philippines. In this way, the court can rule on the recognition and validity of your divorce decree applying second paragraph of Article 26 of the Family Code.

The said paragraph already applies to a situation wherein both parties were Filipino citizens at the time of their marriage and subsequently the other party acquired a foreign citizenship and divorced his/her Filipino spouse.This is the new doctrine enunciated by the Supreme Court interpreting second paragraph of Article 26 of the Family Code.

Thus, better you file a petition for recognition of your divorce here in the Philippines and thereafter have it registered on your marriage contract appearing on the record of the National Statistics Office (NSO). Then you can marry your Filipino spouse here in the Philippines.

Re: annulment

The Filipino attorneys have responded to your questions regarding their applicable laws.

In the United States you cannot marry again until the first marriage is legally terminated. Moreover, you cannot file with immigration for your fiancee until you can establish the dissolution of the first marriage. Email me if you require legal assistance in this matter.