Babaeng ofw na may kalaguyo sa hong kong

Julius Balneg
is a dh in the Philippines

Ano po ba ang dapat gawin kung ang asawa mong babae na ofw sa hongkong ay malaman mung may boy friend at gusto kang hiwalayan na at mag pakasal sila ng boy friend niyang foriegner? Lubos na umaasa..



Translation: What should I do if my wife (who is an OFW in Hong Kong) has a boyfriend and she wants us to separate, so that she can get married to her boyfriend?

 

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Adelaimar C Arias-Jose
is a Legal expert in the Philippines
Julius, ang sabi mo’y ‘asawa’ – so ibig mo sigurong sabihin ay legal kayong kasal ng wife mo? Sa ilalim kasi ng Family Code, wala tayong divorce, annulment lang. At ang annulment sa ilalim ng Article 36 ng Family Code ay para sa iisang ground lamang: para sa psychological incapacity.
Ang isa pa, under Article 15 ng Civil Code, ang laws on marriage are binding on Filipinos wherever they are in the world. So, kahit hiwalayan ka ng wife mo, hindi ibig sabihin noon ay makakapagpa-kasal na sila noong boyfriend niyang foreigner. Bago kasi sila magpakasal noong foreigner, kailangang mag-submit muna ng proof ang wife mo na siya ay may ‘legal capacity to marry’. This is a document that must be issued by the NSO through the Consular Affairs office in Hong Kong kung doon sila magpapakasal. Most governments require this if the person getting married is not a citizen of the place where the marriage will be celebrated.
Kung ang kasal ninyo ay legal, it will be registered with the NSO, so, since may valid existing marriage kayo na mag-a-appear sa NSO records, walang legal capacity ang wife mo na magpakasal doon sa foreigner. Kailangang magpa-annul muna siya ng kanyang marriage sa iyo. Malamang sa suyuin ka ng wife mo na pumayag na lang na magpa-annul ng kasal ninyo. Nasasa-iyo na iyon kung ikaw ay papayag. Yun nga lang, it still has to be a full-blown case in court. Kahit hindi ka mag-oppose, kahit hindi ka mag-appear, your wife will still face a tough legal battle to prove that you or she was psychologically incapacitated to marry at the time of your marriage. Mahigpit pa naman ang mga court sa mga annulment. Hope this helps.
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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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