Q. I recently came about your column on the subject of divorce. I am thankful you are giving our countrymen such services and I can only thank you for the considerable time and effort in answering queries from our kababayans.
I was divorced in 2003. However, at that time I was not yet a landed immigrant. I have spent $900.00 as fees to the lawyer who handled my divorce application. According to the lawyer, since I have already established my one (1) residence in Ontario, I was already qualified to have a divorce. In your earlier column, you mentioned that divorce obtained by Filipino citizen is not valid. What shall I do now?
I have my fiancée in the Philippines and we intend to get married this year. I am just waiting for the approval of my application for Canadian citizenship.
My question is, if we get married this year when I go home is that marriage valid as legal basis in sponsoring my fiancée as a spouse? Another option is to invite my fiancée here in Canada and for us to get married here. Is this a better idea?
Please advice me what to do and how to go about in addressing my predicament. Kindly hide me identity and just call me DW. Thank you and more power.
Ans. Hi DW! Your letter clearly show that at the time you obtained your divorce in 2003, and even as of date, your are still Filipino citizen. As repeatedly held in this column… under Art. 15 of the Civil Code, “Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon Filipino citizens, even though living abroad.” Culled from the quoted provision of the law, if follows that your divorce was a USELESS exercise with no legal affect whatsoever.
As Filipino Citizen, the divorce judgment or decree that you obtained is of no significance and is therefore cannot be recognized in the Philippines, as well as by laws of Canada as legal basis in the sponsoring your fiancée, as spouse should you get married.
In plain, your divorce in 2003 did not severe your existing marriage in the Philippines. Kindly take notice that any marriage contracted under a subsisting marriage, whether under Canadian and Philippine laws, is not valid. As Filipino citizen your civil status and family rights, among others, is still governed by the laws of your nationality.
Even assuming that your boyfriend will be able to secure a tourist visa to get married here in Canada, this corner is of the view that such marriage cannot be a valid legal ground for you to sponsor your supposed spouse to Canada.
What you should do is for you to obtain your Canadian citizenship first. Once you ceased to be a Filipino citizen and become Canadian, the prohibition on divorce in the Philippines will no longer be applicable to you.
Once you get your Canadian Citizenship, the next order of business is for you to again to initiate divorce proceedings against your husband in the Philippines, to severe your subsisting marriage.
The divorce that you secured earlier when you were still Filipino citizen cannot be used nor will have a retroactive effect in your current civil status.
The said divorce having been secured when you were still a Filipino citizen has no legal and binding effect on your existing marriage. Thus, it behooves that once you have your Canadian citizenship a new divorce proceedings should be affected. Thereafter, and assuming that the subsequent marriage after your divorce is valid, the same shall serve as legal basis for you to sponsor your husband as your lawful spouse to live with you in Canada.
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