A WIDOWER FROM SWEDEN REMARRIED HERE IN PHILIPPINES

anonymous
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I am a Filipino citizen and married a widower from Sweden. After getting married here in Philippines, he promised to file a husband's visa so that he can get me so that we will then be both living then there in Sweden. But after one year of waiting, I just then found out that he's not actually registered or reported our marriage there in Sweden since he still want to continue claiming his survivor's pension from his late wife. By the way, my husband is a Filipino too but got his citizenship in Sweden after married to that Swedish national.
My questions: (1)Is our marriage here in Philippines is still valid there in Sweden even though he haven't able to register it there in Sweden? (2)Since he's already married with me, can he still receive that survivor's pension even though he happened to really register our marriage there in Sweden?(3)what's his penalty or will he be imprisoned if just in case the Sweden government will know that he had remarried in Philippines but did not come to register his new marital status that's why he still continued claiming his survivor's pension in Sweden? (4) what is anyway the Sweden Law in regards to this issue?

 

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Adelaimar C Arias-Jose
is a Legal expert in the Philippines
I am not really familiar with Swedish law. I have only had one experience with a client having a Swede for a husband. Sweden is a welfare state. This means that their government is very strict in enforcing laws about giving benefits to its citizens.

Swedish citizens pay taxes dutifully and their government is efficient in using the taxes to make sure that social and healthcare benefits are given to their deserving citizens. To them, education and healthcare are rights, not privileges.

So, if you were married in the Philippines, and the marriage is legal here in the Philippines, it is a legal and binding marriage under Philippine Law. Since you are a Filipino citizen, Philippine laws are binding on you -- you cannot divorce your Swedish husband (even if he was a former Filipino citizenn who was naturalized by marriage).

Your marriage, although not registered in Sweden is still binding because of the principle of reciprocity. If the Swedish government finds out about the marriage between you and the Swede/Filipino, the Swedish government will look upon it and treat it as a valid and legal marriage in Sweden if it is considered a legal and binding marriage in the Philippines.

Your Swedish/Filipino husband may not be imprisoned unless it is proved that he had committed a fraud against the government of Sweden. Fraud is any willful act to deceive another. Since the Filipino/Swede knew that his marriage to you was binding, and yet, he knowingly failed and refused to register the valid marriage so that he can continue receiving the survivor benefits from his deceased wife, that is an act of fraud.

Your husband may be asked by the Swedish government to return all the money given to him as survivor benefit, as well. Your husband needs to have a lawyer. The minute the Swedish government finds out what he has done, the Swedish government will demand repayment of all the benefits he wrongfully received from the time he married you.


So sorry about this.

The Swedish government is very thorough in its investigations.

About the author

Adelaimar C Arias-Jose

I am a graduate of the UP College of Law. Member of the Integrated Bar of the Philippines since 1995. I am currently involved in private practice in criminal, civil and labor law.
Profession: Lawyer
Adelaimar C. Arias-Jose
Office Address: #34 St. Michael Street
Philippines , Manila , Makati
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