# Marriage Question



## StefonLinton (Dec 12, 2020)

About a year ago, I married a Filipino lady in Hong Kong. Prior to our marriage, she obtained, in Hong Kong, a divorce certificate of her marriage to a Filipino man. My question is, now that we are married, will I be allowed into the Philippines as her spouse?


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## HondaGuy (Aug 6, 2012)

Stefon, I think your wife will need to get her divorce from her Filipino husband before annulled.
This is from 2018 but is a good start to figuring out how to proceed. See FAQ #1:








2018 FAQ Guide on the Recognition of Foreign Divorce


If you are in a situation in which you contemplate recognition of foreign divorce, then these frequently asked questions and their answers may be helpful.




lawyerphilippines.org





Good luck!


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## Gary D (Oct 28, 2013)

StefonLinton said:


> About a year ago, I married a Filipino lady in Hong Kong. Prior to our marriage, she obtained, in Hong Kong, a divorce certificate of her marriage to a Filipino man. My question is, now that we are married, will I be allowed into the Philippines as her spouse?


As both parties were filipino the divorce will not be recognised in the Philippines. Your wife would be considered a bigamist should she enter the Philippines. Saying that, unless someone complains no-one will know.


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## cvgtpc1 (Jul 28, 2012)

StefonLinton said:


> About a year ago, I married a Filipino lady in Hong Kong. Prior to our marriage, she obtained, in Hong Kong, a divorce certificate of her marriage to a Filipino man. My question is, now that we are married, will I be allowed into the Philippines as her spouse?


I think you need to find a Filipino lawyer that specializes in this.


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## Hey_Joe (Sep 13, 2016)

StefonLinton said:


> About a year ago, I married a Filipino lady in Hong Kong. Prior to our marriage, she obtained, in Hong Kong, a divorce certificate of her marriage to a Filipino man. My question is, now that we are married, will I be allowed into the Philippines as her spouse?


Did she become a Hong Kong citizen, then file for a divorce? You then are married to a HK citizen, not a PI citizen. Same as if a Filipina becomes a US citizen, then files for a divorce in the US against her PI husband.

If she is now a HK Citizen, that location & China are not listed as a Balikbayan recognized country to enter as spouse of a Balikbayan. If the country of passport is not listed, the spouse or dependent children must apply for a Philippine visa. SOURCE: One year Visa-free Balikbayan Stay : Embassy of the Philippines in Singapore

Suggest you talk to an Immigration Attorney familiar with current PI Laws or speak to your closest PI consulate and also Google JUDICIAL RECOGNITION OF FOREIGN DIVORCE Philippines

There is no divorce in the Philippines, but when a divorce is validly obtained abroad by an alien spouse from his or her Filipino spouse, the Filipino spouse shall have the capacity to remarry under Philippine law. However, the divorce obtained abroad must be passed upon judicially by a Philippine court to prove its validity before the Filipino spouse can remarry under Philippine law 
SOURCE: https://parispe.dfa.gov.ph/images/Forms/JUDICIAL RECOGNITION OF FOREIGN DIVORCE.pdf

Recognition of Foreign Divorce In The Philippines: What You Need To Know – PracticeForte


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## Manitoba (Jun 25, 2014)

Get actual legal advice that is pertinent to your situation. I have read that a foreign divorce needs to be registered here to be valid on a citizen. That was because there were some foreigners who married here, went home divorced, returned married , wash rinse and replete a couple of times.

In the eyes of the law, the foreigner was free to remarry but each ex wife was still considered married.

Family law, specially when foreign divorcees are factored in are not clear here. Do your due diligence and find a local lawyer who specializes in these issues.

However as others have said, if you come here on tourist or other visa not a BB privilage, and she never tells anyone, even family what the circumstances are, then no one will ever know and that is a risk that only you can access and decide if you want to take it.


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## Lunkan (Aug 28, 2020)

Much wice said above 👍 
One thing to add is if you live-in in the Philippines with a Filipina, who Phil law see as married to someone else, then the foreigner can get in big problem. IF I remember correct it can even be deportation. IF someone bother


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## Gary D (Oct 28, 2013)

Lunkan said:


> Much wice said above 👍
> One thing to add is if you live-in in the Philippines with a Filipina, who Phil law see as married to someone else, then the foreigner can get in big problem. IF I remember correct it can even be deportation. IF someone bother


Or black mailed by the previous husband.


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## cvgtpc1 (Jul 28, 2012)

Gary D said:


> Or black mailed by the previous husband.


Or put in jail, was an episode of Locked Up Abroad.


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## Shadowman (Apr 20, 2020)

Lunkan said:


> One thing to add is if you live-in in the Philippines with a Filipina, who Phil law see as married to someone else, then the foreigner can get in big problem.


Which law is that? I know if _you're_ married to someone else under Phil law, you can get in big trouble for supporting any live-in.


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## Lunkan (Aug 28, 2020)

Shadowman said:


> Which law is that? I know if _you're_ married to someone else under Phil law, you can get in big trouble for supporting any live-in.


 As with several other laws, I know the essence of them, but I haven't memorized law numbers 
But there are three some related laws concerning this:
1. "Adultery"
2. "Concubinage"
3. and one about make someone "lose face". Filipinos see very serious at lose face, as I suppouse you know.

(I know of Filipinas, who have big problem by this by they aren't married themselves, but have made pregnant by married men, and can't go to baranggay captain to demand child support because of the risk they get punnished. In a law forum a lawyer said - and no one protested - in some cases p3 can get worse punnishment than the crime itself!


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## Shadowman (Apr 20, 2020)

Lunkan said:


> As with several other laws, I know the essence of them, but I haven't memorized law numbers
> But there are three some related laws concerning this:
> 1. "Adultery"
> 2. "Concubinage"


Those laws only apply if you're married (wife and husband respectively). 



Lunkan said:


> 3. and one about make someone "lose face". Filipinos see very serious at lose face, as I suppouse you know.


That's cultural, but afaik there are no laws against what you mentioned above and below:



Lunkan said:


> (I know of Filipinas, who have big problem by this by they aren't married themselves, but have made pregnant by married men, and can't go to baranggay captain to demand child support because of the risk they get punnished.


When you're at the level of barangay captains, that's all cultural. They wouldn't get punished in any court of law, however they also couldn't demand child support in that case from any court of law either.


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## Lunkan (Aug 28, 2020)

Shadowman said:


> Those laws only apply if you're married (wife and husband respectively).


 I wrote


Lunkan said:


> if you live-in in the Philippines with a Filipina, who Phil law see as married to someone else, then the foreigner can get in big problem.


 so the Filipina is married...



Shadowman said:


> That's cultural, but afaik there are no laws against what you mentioned above and below:


 Are you sure of that? 
It would be some odd if laws don't suit to important parts of cultural...



Shadowman said:


> When you're at the level of barangay captains, that's all cultural.


 Well. Baranggay captains are suppoused to follow laws  although can't expect baranggay captains know all laws.


Shadowman said:


> They wouldn't get punished in any court of law, however they also couldn't demand child support in that case from any court of law either.


 ??? Do you mean they can't get punnishment of neither adultery nor concubinage in court?? 
I suppouse they CAN demand child support, but risk to get punnished for their crime too, but there are many law oddities


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## Shadowman (Apr 20, 2020)

Lunkan said:


> I wrote so the Filipina is married...


But the foreigner that you referenced isn't. And since he isn't married, and since the pregnant Filipinas in your second example aren't married, then this applies:



Lunkan said:


> Do you mean they can't get punnishment of neither adultery nor concubinage in court??


Correct. Those laws are only for those_ in the marriage_. There are no laws against the unmarried third party.


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## Gary D (Oct 28, 2013)

Shadowman said:


> But the foreigner that you referenced isn't. And since he isn't married, and since the pregnant Filipinas in your second example aren't married, then this applies:
> 
> 
> 
> Correct. Those laws are only for those_ in the marriage_. There are no laws against the unmarried third party.


Be wary of the laws regarding common law marriage


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## Shadowman (Apr 20, 2020)

Gary D said:


> Be wary of the laws regarding common law marriage


There are no legal bounds regarding common law marriage in PH, it only relates to property, see Family Code Article 147.


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## Lunkan (Aug 28, 2020)

Shadowman said:


> But the foreigner that you referenced isn't. And since he isn't married, and since the pregnant Filipinas in your second example aren't married, then this applies:
> 
> Correct. Those laws are only for those_ in the marriage_. There are no laws against the unmarried third party.


 It seem you are wrong. I hadn't the strength to read through long laws  but:
1. From a law blog: 


> The penalties are also quite different. For adultery the guilty* wife and her paramour may be imprisoned for up to 6 years*
> For concubinage, the husband may be imprisoned for up to 4 years and 1 day, while his concubine may be merely “banished” but may not be imprisoned.


 Sourse: Philippines’ Laws on Adultery, Concubinage and Marriage Nullity | The Law Office of Jeremy D. Morley

2. Concerning making someone lose face:
sourse: Home of ChanRobles Virtual Law Library 
search do list 1 law and 3 court cases about *"shaming*"
(And show around 100 concubinage, and concerning Adultery the search system gave up I guess by so many 

And news told about shaming cases.


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## Shadowman (Apr 20, 2020)

Lunkan said:


> For adultery the guilty wife and her paramour may be imprisoned for up to 6 years


huh. I thought those wanting to repeal part succeeded, thanks for the correction. Part of the problem is that they have to prove the 'paramour' knew she was married.


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## Lunkan (Aug 28, 2020)

Shadowman said:


> huh. I thought those wanting to repeal part succeeded, thanks for the correction. Part of the problem is that they have to prove the 'paramour' knew she was married.


 You are welcome. 
Can try, but rather many foreigners pay to get annulment for their Filipina gfs. I suppouse the normal is they live together during that process. Hard to deny knowing it then


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## Shadowman (Apr 20, 2020)

Lunkan said:


> many foreigners pay to get annulment for their Filipina gfs. I suppouse the normal is they live together during that process. Hard to deny knowing it then


haha, yeah but if the best a foreigner can do in the Philippines is live with someone elses wife, that's already pretty sad.


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## Manitoba (Jun 25, 2014)

Lots of women here that got married young and have not seen their husbands in a decade or more and have no idea if he is even alive.

The sad part is that the Philippines has no simple way to release these women from their long absent husbands.

The authorities will not charge you with adultery, the husband needs to do it so if he is long gone there is not much to worry about.


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## M.C.A. (Feb 24, 2013)

StefonLinton said:


> About a year ago, I married a Filipino lady in Hong Kong. Prior to our marriage, she obtained, in Hong Kong, a divorce certificate of her marriage to a Filipino man. My question is, now that we are married, will I be allowed into the Philippines as her spouse?


Stefon, welcome to the forum. Did your wife revert back to her maiden name before you got married, it's another legal mess changing her marital name, if not the documents will be a mess including your marriage certificate. It's going to be tough to live in the Philippines "Immigration" unless everything is fixed.


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## John1850 (Oct 31, 2014)

StefonLinton said:


> About a year ago, I married a Filipino lady in Hong Kong. Prior to our marriage, she obtained, in Hong Kong, a divorce certificate of her marriage to a Filipino man. My question is, now that we are married, will I be allowed into the Philippines as her spouse?


 Hi
As many have already said it is a difficult situation.
My take on this is : A Filipino can not get divorced except in the Philippines; but foreigners are allowed to return to their home country and obtain a divorce. I do not think this applies to a dual citizen unless they obtained a divorce in their newly adopted country and were NOT a Philippine citizen at the time the divorce was filed.

In my opinion it would be a bad idea to travel to the Philippines and TRY to help her obtain a Philippine-recognized divorce for a number of reasons: cost, extremely long process (from what I have read); possible interaction/demands from the long lost husband, immigration status while this is ongoing.

However, my question would be what do you intend doing in the Philippines?
Permanent residence through 13A visa route may not be an option and may in fact open a can of worms if the Philippine immigration decide that you are not married according to Philippine law.
If you are intending to live here permanently then you would be better off researching investment visas and not bringing up your "status" until you have consulted with a qualified immigration lawyer in the Philippines about your married status.

If you have no intention of relocating to the Philippines then just apply for a tourist visa and extend if necessary.
If necessary, state that you are single ( you are probably legally single in the eyes of Philippine immigration, unless you are 100% certain, FROM a lawyer, that your wife was legally free to marry you in Hong Kong). As previously mentioned, you could be deported etc for breaking immigration rules.

All the best and hope your questions are answered to your satisfaction on this forum.
John


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## Gary D (Oct 28, 2013)

John1850 said:


> Hi
> As many have already said it is a difficult situation.
> My take on this is : A Filipino can not get divorced except in the Philippines; but foreigners are allowed to return to their home country and obtain a divorce. I do not think this applies to a dual citizen unless they obtained a divorce in their newly adopted country and were NOT a Philippine citizen at the time the divorce was filed.
> 
> ...


According to the rest of the world the divorce and remarriage are legal, it's the Philippines that is the problem.


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## StefonLinton (Dec 12, 2020)

M.C.A. said:


> Stefon, welcome to the forum. Did your wife revert back to her maiden name before you got married, it's another legal mess changing her marital name, if not the documents will be a mess including your marriage certificate. It's going to be tough to live in the Philippines "Immigration" unless everything is fixed.


Yes, my wife did revert back to her maiden name before we got married. It is her maiden name on the new marriage certificate


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## John1850 (Oct 31, 2014)

Gary D said:


> According to the rest of the world the divorce and remarriage are legal, it's the Philippines that is the problem.


That is true, but the question was "My question is, now that we are married, will I be allowed into the Philippines as her spouse?" . 
The question does not apply to the rest of the world because she got divorced and remarried outside of the Philippines.

It does not matter what the rest of the world thinks because once on Philippine soil, Philippine law applies; and if some eager beaver, such as a disgruntled ex, or neighbour, from her community inform the authorities then action may be taken against them, as others have stated.
John


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## M.C.A. (Feb 24, 2013)

John1850 said:


> That is true, but the question was "My question is, now that we are married, will I be allowed into the Philippines as her spouse?" .
> The question does not apply to the rest of the world because she got divorced and remarried outside of the Philippines.
> 
> It does not matter what the rest of the world thinks because once on Philippine soil, Philippine law applies; and if some eager beaver, such as a disgruntled ex, or neighbour, from her community inform the authorities then action may be taken against them, as others have stated.
> John


John, the only problem I ran accross my wife was divorced also in the US was her name on the Philippine Passport but I never changed it and when I applied for my 13a I had to show the original divorce decree.

I would have changed my wifes last name if I could be it was too hard we never lived near any Philippine Consulate while I was stationed in the US.

I got my 13a in the US and did it all through the mail system plus phone calls and messaging it took me 2 months because they had some questions on my health but all in all I got my 13a Visa Stamped in my passport.


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## Lunkan (Aug 28, 2020)

I suppouse John wonder if he or his wife can get problem in Phils (if someone report them.) 

I told somehere in this forum about the up to 6 years jail risk for both foreigner and the Filipina for living with a separated Filipina. 

But I have no idea how Phil juridical see at John's case.


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