Annulment: Filipina married in HK

[Vizcaya16 1]

Hi Friends,

I need some guidance. I am a filipina who was married in Hong Kong 22 years ago. At that time we registered our marriage in Philippines Consulate, Hong Kong. We have been separated for 14 years now. I moved to USA in 2008. I filed for divorce in USA and got it done in 2012. I got married in USA and Philippines Consulate in NYC is giving hard time to change my last name(from my Ex)  in my Philippines passport. I tried to explain that I was never married in Philippines, I registered my marriage in HK Phil Consulate at birth of my baby. The divorce cert from USA should be able to update my information in NSO. However, Phil Consulate still insisting me to get Annulment Certificate. I am just confused. How can Philippines Marriage Law can bind me when I am never married in Philippines? Can any one who has better understanding of this guide me further? 

 

I would really appreciate any help.

 

Thanks,

[Hank_ 9,174]

8 minutes ago, Vizcaya16 said:

Hi Friends,

I need some guidance. I am a filipina who was married in Hong Kong 22 years ago. At that time we registered our marriage in Philippines Consulate, Hong Kong. We have been separated for 14 years now. I moved to USA in 2008. I filed for divorce in USA and got it done in 2012. I got married in USA and Philippines Consulate in NYC is giving hard time to change my last name(from my Ex)  in my Philippines passport. I tried to explain that I was never married in Philippines, I registered my marriage in HK Phil Consulate at birth of my baby. The divorce cert from USA should be able to update my information in NSO. However, Phil Consulate still insisting me to get Annulment Certificate. I am just confused. How can Philippines Marriage Law can bind me when I am never married in Philippines? Can any one who has better understanding of this guide me further? 

 

I would really appreciate any help.

 

Thanks,

How?   You registered your marriage .. you are shown as married with PSA in the Philippines.

 

You can get the PSA (changed from NSO a few years back) recorded changed, but it takes time & money.  You would need to complete the Recognition of Divorce process in the Philippines.   You do not need the annulment process.

 

https://psa.gov.ph/civilregistration/problems-and-solutions/annotation-effects-divorce-declared-foreign-country

 

 

Edited June 7, 2019 by Hank_

[Crazy Cat 44,850]

16 minutes ago, Vizcaya16 said:

Hi Friends,

I need some guidance. I am a filipina who was married in Hong Kong 22 years ago. At that time we registered our marriage in Philippines Consulate, Hong Kong. We have been separated for 14 years now. I moved to USA in 2008. I filed for divorce in USA and got it done in 2012. I got married in USA and Philippines Consulate in NYC is giving hard time to change my last name(from my Ex)  in my Philippines passport. I tried to explain that I was never married in Philippines, I registered my marriage in HK Phil Consulate at birth of my baby. The divorce cert from USA should be able to update my information in NSO. However, Phil Consulate still insisting me to get Annulment Certificate. I am just confused. How can Philippines Marriage Law can bind me when I am never married in Philippines? Can any one who has better understanding of this guide me further? 

 

I would really appreciate any help.

 

Thanks,

You were married in PI.......

[Loren Y 2,769]

To simplify everything, like you said you registered you marriage at the Philippines consulate in Hong Kong , anything you do on the grounds that embassy is sitting on is the same as if you were standing in Manila. Anything done on any foreign consulate soil is treated the same as if you were in your home country. 

[Unlockable 7,322]

1 hour ago, Vizcaya16 said:

Hi Friends,

I need some guidance. I am a filipina who was married in Hong Kong 22 years ago. At that time we registered our marriage in Philippines Consulate, Hong Kong. We have been separated for 14 years now. I moved to USA in 2008. I filed for divorce in USA and got it done in 2012. I got married in USA and Philippines Consulate in NYC is giving hard time to change my last name(from my Ex)  in my Philippines passport. I tried to explain that I was never married in Philippines, I registered my marriage in HK Phil Consulate at birth of my baby. The divorce cert from USA should be able to update my information in NSO. However, Phil Consulate still insisting me to get Annulment Certificate. I am just confused. How can Philippines Marriage Law can bind me when I am never married in Philippines? Can any one who has better understanding of this guide me further? 

 

I would really appreciate any help.

 

Thanks,

You are mistaking semantics. Because you were not married on Philippine's soil, you believe that it qualifies as never being officially married by the Philippine government. This is not true, you register the marriage with the Philippine government. It doesn't matter if it was in the Philippines or another country. 

 

Please take the advice from @Hank_

[John & Rose 7,241]

Married is married.  Since you filed the ROM, you are also considered legally married in the Philippines.  Looks like recognition of foreign divorce or annulment are the only options.

[Vizcaya16 1]

2 hours ago, Hank_ said:

How?   You registered your marriage .. you are shown as married with PSA in the Philippines.

 

You can get the PSA (changed from NSO a few years back) recorded changed, but it takes time & money.  You would need to complete the Recognition of Divorce process in the Philippines.   You do not need the annulment process.

 

https://psa.gov.ph/civilregistration/problems-and-solutions/annotation-effects-divorce-declared-foreign-country

 

 

Thanks for the information. I will follow up on this.👍

[Vizcaya16 1]

  @Hank_  @Unlockable @John & Rose @Loren Y @missileman

 

Thank you very much all of you. I really appreciate your time and advice. I will follow up further on the information @Hank_ provided. I will start the process of recognition of foreign divorce decree and further. 

[JE57 243]

11 hours ago, Hank_ said:

How?   You registered your marriage .. you are shown as married with PSA in the Philippines.

 

You can get the PSA (changed from NSO a few years back) recorded changed, but it takes time & money.  You would need to complete the Recognition of Divorce process in the Philippines.   You do not need the annulment process.

 

https://psa.gov.ph/civilregistration/problems-and-solutions/annotation-effects-divorce-declared-foreign-country

 

 

She moved to the USA in 2008 so I agree with you that she does not need the Annulment process *IF* she is also now a US Citizen which seems likely but not necessarily true.  Also, not sure if the timing of her divorce in 2012 relative to her citizenship status is relevant.  If she was divorced prior to becoming a USC can the recognition of foreign divorce still be processed in the Philippines if she was not a USC at the time of the divorce?  

[Hank_ 9,174]

10 hours ago, JE57 said:

She moved to the USA in 2008 so I agree with you that she does not need the Annulment process *IF* she is also now a US Citizen which seems likely but not necessarily true.  Also, not sure if the timing of her divorce in 2012 relative to her citizenship status is relevant.  If she was divorced prior to becoming a USC can the recognition of foreign divorce still be processed in the Philippines if she was not a USC at the time of the divorce?  

Doesn't matter if she was a USC or not at the time of divorce as she was married to a foreigner (Hong Kong).. that is the key requirement for the recognition that one party of the marriage is a foreigner.  If she was a USC when she filed the divorce that covers the requirement also .. as she is a foreigner (icing on the cake)  ..   

Edited June 8, 2019 by Hank_

[Vizcaya16 1]

12 hours ago, JE57 said:

She moved to the USA in 2008 so I agree with you that she does not need the Annulment process *IF* she is also now a US Citizen which seems likely but not necessarily true.  Also, not sure if the timing of her divorce in 2012 relative to her citizenship status is relevant.  If she was divorced prior to becoming a USC can the recognition of foreign divorce still be processed in the Philippines if she was not a USC at the time of the divorce?  

I was divorced in 2012 before getting married in 2013. I just became USC. I am trying get my dual citizenship and my husband really wants me to get rid of last name of my Ex from my Philippines passport and records. Phil Consulate in NYC requested CENOMAR and I am waiting for it. Online check is mentioning PSA is having record of my marriage. I am not sure which marriage record it will be? I registered at HK in 90s and in NYC in 2013. Once I receive CEMAR which is most probably the HK one, I have my relatives start the process in Manila for recognition of Foreign Divorce as guided by @Hank_

 

Thanks,

[JE57 243]

On 6/8/2019 at 9:16 PM, Hank_ said:

Doesn't matter if she was a USC or not at the time of divorce as she was married to a foreigner (Hong Kong).. that is the key requirement for the recognition that one party of the marriage is a foreigner.  If she was a USC when she filed the divorce that covers the requirement also .. as she is a foreigner (icing on the cake)  ..   

@hank Thanks I missed the fact that the marriage in HK was likely not to another Philippines citizen so yeah that makes sense.   Thanks!  

[JE57 243]

On 6/9/2019 at 12:05 AM, Vizcaya16 said:

I was divorced in 2012 before getting married in 2013. I just became USC. I am trying get my dual citizenship and my husband really wants me to get rid of last name of my Ex from my Philippines passport and records. Phil Consulate in NYC requested CENOMAR and I am waiting for it. Online check is mentioning PSA is having record of my marriage. I am not sure which marriage record it will be? I registered at HK in 90s and in NYC in 2013. Once I receive CEMAR which is most probably the HK one, I have my relatives start the process in Manila for recognition of Foreign Divorce as guided by @Hank_

 

Thanks,

Good Luck.. Hope you are able to process it relatively quickly.