May kaibigan po akong pinay at nakapangasawa ng kano pero nagkahiwalay po sila sa kadahilanang nanlalaki si babae. Subalit hindi pa sila annul ni babae dito sa pinas. Ano po bang hakbang ang dapat gawin nitong kano para magkaroon na sila ng legal na paghihiwalay? At anong mga process ang dapat gawin kasi si kano madalas wala sa pinas.
Pinay nakapangasawa ng kano, nanlalake
Atty. Bimbi
is a Legal expert
in the Philippines
Based on your post, the American resides here in the Philippines and he wants to dissolve his marriage to the Filipina for marital infidelity. Is he a citizen of the US? Was their marriage performed here in the Philippines or abroad?
Philippine laws on marriage are binding only on Filipinos. Non-Filipinos are not bound by it. So, the American can go to the US, get a divorce decree and then, if he wishes to get married again, he should have his divorce registered in the Philippines -- with the NSO. The divorce will be registered. If the American wishes to remarry here in the Philippines, and he applies for a marriage license, the report will reflect that he was married to a Filipino and that marriage has been terminated by a divorce. He should be able to marry again.
One word of caution -- if the American's stay in the Philippines is dependent on his relationship/ marriage to the Filipina, he may be deported. So, it will be best to consult a lawyer. The American should find a lawyer himself. Not you.
Philippine laws on marriage are binding only on Filipinos. Non-Filipinos are not bound by it. So, the American can go to the US, get a divorce decree and then, if he wishes to get married again, he should have his divorce registered in the Philippines -- with the NSO. The divorce will be registered. If the American wishes to remarry here in the Philippines, and he applies for a marriage license, the report will reflect that he was married to a Filipino and that marriage has been terminated by a divorce. He should be able to marry again.
One word of caution -- if the American's stay in the Philippines is dependent on his relationship/ marriage to the Filipina, he may be deported. So, it will be best to consult a lawyer. The American should find a lawyer himself. Not you.
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