[pangit]

My boyfriend and I wants to get married we're both immigrant ( winnipeg manitoba ) but he got married in the Philippines. What should he do then? Could he file a divorce in winnipeg?
Yet his wife's paper is already in process going here.
Thanks

[JudyKayTee]

You mean that he is sponsoring his wife's immigration and now he wants to divorce her?

He obviously cannot marry you until he divorces her. At the moment she lives in the Philippines and that is where he would file for a divorce.

[pangit]

Yeah she's still in the Philippines and the papers still on process. Can he file a divorce here in winnipeg manitoba CA even if they are married way back? There's no divorce in the Philippines.
Thanks

[Fr_Chuck]

He can try and file, he should hire an attorney in Winnipeg since this also involves immigration

[AK lawyer]

... At the moment she lives in the Phillipines and that is where he would file for a divorce.

Huh? No. He can file for divorce in Winnipeg if that is where he resides. Where his wife is doesn't matter.

[JudyKayTee]

Question for AK - he moved from the Philippines to Canada. Doesn't filing for divorce in Canada injure the "innocent" party in the Philippines who, in theory, would have to enter Canada to defend or hire an Attorney to do so, long distance?

[lawanwadee]

Huh? No. He can file for divorce in Winnipeg if that is where he resides. Where his wife is doesn't matter.

Agree...

[JudyKayTee]

Here's the long answer from a Philipino Attorney. If the boyfriend is not a Canadian citizen (and we don't know at this point) he has a problem filing in Canada - : " Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad.

Therefore, you cannot obtain a divorce anywhere in the world except in the Philippines and under Philippine laws because both of you, being still Filipinos, are governed by our laws. While the Philippines does not allow for divorce, there is only one possible way to obtain a total dissolution of your marriage in the same way that a divorce does: through a Petition for Declaration of Nullity of your marriage under the Family Code, which states:

'Art. 36. A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization.'

There is only one ground to justify the petition---psychological incapacity. As to what it actually means, the law intentionally did not provide because it can be manifested through a variety of cases, such as homosexuality, sexual perversion, immaturity, alcoholism, drug addicition, irresponsibility, etc. It is up to the court whether the acts complained of would be sufficient to fall under the term "psychological incapacity." Take note that the psychological incapacity must exist at the time of the marriage.

To start the process, it is required that you personally file the petition either here in the Philippines or before a consular officer at the Philippine embassy. But the latter mode is a kore tedious process. It will be better if you personally file it here in the Philippines during one of your vacation trips here.

After filing, the court will send a summons to your spouse at her last known address. if she is in Canada, it might take a longer time because you will then have to publish the summons in a newspapaer of general circulation in the Philippines.
Thereafter, if she fails to answer, the court will order the prosecutor to investigate within 30 days if a collusion between you and your wife exists. Once the prosecutor files his report that there is none, you will then proceed to present your evidence. Therefater, you will submit any documentary evidence to the court and rest your case. The case will then be submitted for decision.

After the court grants your petition and rules in your favor, you will have o wait for 15 days after receipt by the prosecutor of the copy of the decision before the decision becomes final. After the lapse of 15 days, the declaration of nullity becomes final. You are now officially and legally "divorced," so to speak.

The court will then order the office of the civil registrar where you registered your marriage to annnotate the decree of annulment on your marriage certificate on file. The civil registrar shall then transmit the annotated marriage certificate to the National Statistics Office for filing.
You may then get an official certification from the NSO of your "separated" or "divorced" status." http://legal.advicescene.com/ca/ques...nada-and-still

Can anyone address the second half which involveds the boyfriend sponsoring his wife's admission to Canada?

[dontknownuthin]

What are the "papers" the wife started. Are they marriage nullification papers or immigration papers?

As a Catholic country, I also wonder - if the boyfriend pursued a Catholic annulment in Canada (I'm pretty sure he can do this anywhere there is a Catholic church) if it would help his legal case in Canada?

I have no idea - these are just questions that came to mind.

[AK lawyer]

Here's the long answer from a Philipino Attorney. ...

The site to which you link contains three opinions: one, which you quote, and two others which disagree with it (and agree with me). I wonder if Mr. Inocencio knows anything about Canadian law. :)

Assuming, for the purposes of discussion that Inocencio were correct about Philippine law, I expect that Canada wouldn't care. It it's courts grant OP's BF a divorce, Canadian courts would recognize such a divorce.

And to answer your other question, no, the husband in the Philippines would not, I expect, have to travel to Canada to defend the divorce. Yes, he might want to hire a Canadian lawyer to "contest" such a divorce, but he wouldn't have to.

[pangit]

Is deportation possible if the wife in the Philippines file a case against him? Or is there a possible case against him?

Thanks