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My bf that is a candian citizen was divorced in 2013 here in Canada but not yet in the Philippines. The ex wife didnt want to file an annulment due to financial issues,cannot afford to file the annulment. We heard that there is a divorce bill in the Phils already,do we just send a letter to the Phil embassy for the marriage in the Phil to be null and void? How do we enforce it, what are the steps? Thank you
Is the Canadian bf a Filipino-Canadian (means a holder of both Filipino and Canadian passports) or just Canadian. If it is Filipino-Canadian (dual) he cannot divorced in the Philippines unless he will file a petition amend the entry of the marriage certificate of petition the court for the nullity of marriage. The divorce bill is just a bill it may or may not make it into a law. Senators are against it.
Paragraph 2, Article 26 of the Family Code of the Philippines provides:
“Article 26. xxx
Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce decree is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall likewise have the capacity to remarry under Philippine law.”
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