Pinoy Australia Information Forum

Howdy, Stranger!

It looks like you're new here. If you want to get involved, click one of these buttons!

Categories

Random Members
(31343)

    Rebuilding user profile avatar, please refresh the page.

Browse Members
To google officer. This is not a chatbox!

Members Online (10)

amari0527BrizyFilody3pfgsjaceejoefjsjabaanKIKOred_lionsicntyrdspencer0731

Top Posters
All time

Top Posters
This Week

Advertisement:

Do you wish to engage a migration agent but it's just to costly? Visa Consort understands your situation and came up with a special year end offer exclusive to all Pinoy AU members! Check our here for more info

Recognition of Divorce for Aussie previously married to Filipina

Sydney0228Sydney0228 Total Reaction Points: 0Member
Hi ang case ko po is yung fiance ko was previously married sa Filipina and kinasal sila sa Philippines. Divorced na po sila and both AU citizens na. Ang tanong ko po is pwede po ba kme magpakasal sa pinas? or we need court order for recognition of divorce if gusto nmin sa pinas magpakasal? I'm based po sa Thailand and if ever pwede po ba kme magpakasal dito na walang magiging problema? Ang worry ko lng po kc is magaapply kme ng spouse visa this year and need ng PSA certified document like Marriage Certificate. Wala po kayang magiging problema?Thanks in advance po sa sasagot.
reaction image 0LOL reaction image 0Awesome reaction image 0Informative reaction image 0Artistic Share on Facebook Share on Twitter

Comments

  • patotoypatotoy Total Reaction Points: 66Member
    Posts: 370

    Hi ang case ko po is yung fiance ko was previously married sa Filipina and kinasal sila sa Philippines. Divorced na po sila and both AU citizens na. Ang tanong ko po is pwede po ba kme magpakasal sa pinas? or we need court order for recognition of divorce if gusto nmin sa pinas magpakasal? I'm based po sa Thailand and if ever pwede po ba kme magpakasal dito na walang magiging problema? Ang worry ko lng po kc is magaapply kme ng spouse visa this year and need ng PSA certified document like Marriage Certificate. Wala po kayang magiging problema?Thanks in advance po sa sasagot.

    yung partner mo was a Filipino? kailan sila nagdivorce, nung naging AU Citizen na?
    reaction image 0LOL reaction image 0Awesome reaction image 0Informative reaction image 0Artistic Share on Facebook Share on Twitter
  • Sydney0228Sydney0228 Total Reaction Points: 0Member
    Posts: 10
    Hi ndi AU citizen na cya nung kinasal cya sa ex wife nya n pinay 10 years ago. nagdivorce sila last year and both AU citizens na. Salamat po sa pagsagot. Nalilito lang kc kme sa process medyo matrabaho and magastos if magpakasal kme s Thailand kce need ng translation to English ng Marriage Certificate. Ang worry lng kc nmin is baka lumabas saPSA na kasal pa cya s ex nya.
    reaction image 0LOL reaction image 0Awesome reaction image 0Informative reaction image 0Artistic Share on Facebook Share on Twitter
  • cuccicucci NSWTotal Reaction Points: 34Member
    Posts: 345
    ++++++++++++++++++++++++
    Jul 2016 - IELTS
    Jan 2017 - Applied to AHPRA
    April 2017 - received Letter of Referral
    Sept 2017 - finished BP
    Nov 2017 - AHPRA Registration
    Dec 2017 - Lodged 457 Visa Application (onshore) / ANMAC Assessment
    Jan 2018 - 457 Visa granted / Received positive ANMAC Assessment / Submitted EOI
    ++++++++++++++++++++++++
    reaction image 0LOL reaction image 0Awesome reaction image 0Informative reaction image 0Artistic Share on Facebook Share on Twitter
  • Sydney0228Sydney0228 Total Reaction Points: 0Member
    Posts: 10
    @cucci Thanks sa input :)
    reaction image 0LOL reaction image 0Awesome reaction image 0Informative reaction image 0Artistic Share on Facebook Share on Twitter
  • cuccicucci NSWTotal Reaction Points: 34Member
    edited September 6 Posts: 345
    @Sydney0228 Na-curious ako dun ah... did some digging at eto ang actual case sa Supreme Court...

    Republic of the Philippines Vs. Marelyn Tanedo Manalo
    G.R. No. 221029. April 24, 2018

    Seems that the foreigner may need to file a petition for cancellation of entry of marriage in the local civil registry where the marriage contract was filed unless nag-file na si ex-wife, otherwise lalabas ang record nya pag nag-request ng CENOMAR.
    ++++++++++++++++++++++++
    Jul 2016 - IELTS
    Jan 2017 - Applied to AHPRA
    April 2017 - received Letter of Referral
    Sept 2017 - finished BP
    Nov 2017 - AHPRA Registration
    Dec 2017 - Lodged 457 Visa Application (onshore) / ANMAC Assessment
    Jan 2018 - 457 Visa granted / Received positive ANMAC Assessment / Submitted EOI
    ++++++++++++++++++++++++
    reaction image 0LOL reaction image 0Awesome reaction image 0Informative reaction image 0Artistic Share on Facebook Share on Twitter
  • Sydney0228Sydney0228 Total Reaction Points: 0Member
    Posts: 10
    @cucci Yun din yung concern ko kc ang sabi sa mga legal articles na nabasa ko is the Philippine law will recognize other countries' laws but they still need to conform the laws of the Philippines. So if ganun nga then need ng petition for Recognition of Divorce abroad and ang problem is matagal yung process at aabot ng 100k php ang ggastusin. Kaya I'm really torn kung anu ang pwede nmin gawin. Kaya naisipan nmin itry na magpakasal dito sa Thailand since dito ako nakabased. Thank you very much ha sa insights hirap mag-isip lalo pag legalities na. :(
    reaction image 0LOL reaction image 0Awesome reaction image 0Informative reaction image 0Artistic Share on Facebook Share on Twitter
  • cuccicucci NSWTotal Reaction Points: 34Member
    Posts: 345
    @Sydney0228 I am not a lawyer but as I understand it, itong jurisprudence sa case ni Manelyn Tanedo Manalo is a very recent case, only last April 2018. As such ang mga nabasa mo maybe pertaining mostly sa old jurisprudence pa. A lot has been simplified in the processes like before it used to take a lot of court hearing just to change misspelled name, now it's simply a matter of filing a petition with the local civil registrar.
    I would suggest you contact a lawyer and show him/her that recent jurisprudence... may mga lawyer tayo na hindi rin updated kaya much better to show that you also did some research.
    ++++++++++++++++++++++++
    Jul 2016 - IELTS
    Jan 2017 - Applied to AHPRA
    April 2017 - received Letter of Referral
    Sept 2017 - finished BP
    Nov 2017 - AHPRA Registration
    Dec 2017 - Lodged 457 Visa Application (onshore) / ANMAC Assessment
    Jan 2018 - 457 Visa granted / Received positive ANMAC Assessment / Submitted EOI
    ++++++++++++++++++++++++
    reaction image 0LOL reaction image 0Awesome reaction image 0Informative reaction image 0Artistic Share on Facebook Share on Twitter
  • Sydney0228Sydney0228 Total Reaction Points: 0Member
    Posts: 10
    @cucci I think yun yung best option nmin for this is to seek a lawyer and hopefully sana filing a petition with the local civil registrar. Ang hirap din kc magfollow-up since wala ko sa pinas. Thanks again!!!! :) :) :)
    reaction image 0LOL reaction image 0Awesome reaction image 0Informative reaction image 0Artistic Share on Facebook Share on Twitter
  • MiaMia NZTotal Reaction Points: 37Member
    Posts: 288
    At this point hindi pa kayo pwede makasal since the foreign divorce decree still has to be recognised by the local court (not local civil registrar). Sa Regional Trial Court ito fina-file and best for your partner to have a lawyer in the PH that he can liaise with.

    Readings:
    https://lawyerphilippines.org/2017/04/11/recognition-of-foreign-divorce-in-the-philippines-process/
    https://www.linkedin.com/pulse/guidelines-filing-petition-recognition-foreign-joyce-domingo-dapat/
    https://tokyo.philembassy.net/consular-section/services/civil-registration/judicial-recognition-of-foreign-divorce/

    Basically current pa naman yung process details with the exception dun sa shinare ni @cucci na it doesn't matter who the petitioner was in the divorce and irrelevant na rin if the petitioner was still Filipino at the time of the divorce and siya yung nag-initiate ng divorce.

    Although while petitioner in mentioned case submitted her petition sa civil registry, 'yung local court pa rin 'yung dapat mag-issue ng decree na finally recognised na yung divorce between the two people. If you read diyan sa G.R. No. 221029 sa huling part the case has been returned sa court of origin for further proceedings and reception of evidence as to the relevant Japanese law on divorce (since Japan ang nag-grant ng divorce in her case).

    The court still has to review na lawful sa country kung saan na grant ang divorce before PH can officially recognise it... ayun lang.

    Sa ngayon it's not as easy as correcting mistakes sa civil registry record because in general PH still does not recognise divorce.

    Just to clarify lang your partner is also a former Filipino?
    reaction image 0LOL reaction image 0Awesome reaction image 0Informative reaction image 0Artistic Share on Facebook Share on Twitter
  • Sydney0228Sydney0228 Total Reaction Points: 0Member
    Posts: 10
    @Mia thanks for the clarification. So even if magpakasal kme sa Thailand ndi p rin b po yun mrrecognize sa PH? Kc ang concern nmin is we'll be lodging for a partner visa this year and we don't want any legalities to affect our lodgement.

    Their divorce was finalized sa AU. Both of them were AU citizens already during the lodging and nung mafinalized na yung divorce.

    My partner was a former Filipino but he's already an AU citizen for 17 years already and at the time na nagpakasal sila ng ex wife nya na Filipino AU citizenship nya.

    reaction image 0LOL reaction image 0Awesome reaction image 0Informative reaction image 0Artistic Share on Facebook Share on Twitter
  • MiaMia NZTotal Reaction Points: 37Member
    edited September 6 Posts: 288
    @Sydney0228 nope hindi mare recognised kasi by law in the PH kasal pa rin yung partner mo. Pwede pa rin naman kayo magpakasal but it would be unlawful sa Pinas... covered ka because you’re Filipino. I guess start niyo na yung process para makasal kayo agad na mare-recognise everywhere.

    And sa partner visa kung yun yung aapplyan niyo, sa de facto partnership kayo magfo-fall under. I guess I think for the mean time I register niyo na lang muna ang relationship sa local state (kung available) ng partner mo
    reaction image 0LOL reaction image 0Awesome reaction image 0Informative reaction image 0Artistic Share on Facebook Share on Twitter
Sign In or Register to comment.

Latest 10 Posts


Blogs at PinoyAu - Source of Useful Tips and Guides for Pinoys in Australia

What's Going On?
Currently Active Users: 103 (10 members and 93 guest(s))
View Who's Online
Pinoy Australia Statistics
Pinoy Australia Statistics
Views: 17,332,556 , Members: 31,343 , Threads: 9,730 , Posts: 326,762
Welcome to our newest member(s) joeisan
Today's Birthdays
View Birthdays Jhoy, ccosam, Elmags31, Prezzie, tino, OPZMarcwcv, cloudsahoy, chris_can, brittanievollenweide, LeonieWarn, NiftyBasin141, JoycelynPi, Jane78, Jane78sofia, melba, amieyong, CliffordFa, fazar1210, tentfarmer0, ivanmuhin, pa3ck10, sarahcbaral, TraceeBran, paras.jennyann, BertAbell4, imee1969, CathyCathy11, AIR, hangrace, imhangrace, fernando42, MitchelBur, ShaylaBrow, Francesca, ICMRico676, pinoytayo, masterjonnm, EveHeimbac

New SimplyStall Mobile App!

Hi everyone!

I'm very happy to announce PinoyAu Forum's new app called "SimplyStall" . It's a new Gumtree like service for Pinoys in Australia but in a way better!

So if you have any items just collecting dust? Why not convert it to cash?

If you are selling new items or products or wish to give an item away for free then this might be a good avenue for you.

This project is a new initiative to unify and have a common portal for Pinoys in Australia to sell and share stuffs.

It's now available on Google Play and Apple App Store.

Please do try it out. I'd appreciate if you can help me spread the good news and start selling your old or new stuffs.

Android Ios
(click X on the upper right corner or click outside this box to close)