marriage in Canada; my boyfriend is married in the Philippines

This is a discussion on marriage in Canada; my boyfriend is married in the Philippines within the Divorce, Separation, Annulment forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; my boyfirend is married in the philippines but he wants to marry me in winnipeg manitoba. what should he do ...

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Old Jan 12th, 2013, 01:15 PM   #1
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Default marriage in Canada; my boyfriend is married in the Philippines

my boyfirend is married in the philippines but he wants to marry me in winnipeg manitoba. what should he do then?
no children just wife in the philippines yet the paper is still on process
we are immigrants here
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Old Jan 12th, 2013, 01:22 PM   #2
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Default re: marriage in Canada; my boyfriend is married in the Philippines

I wish to inform you that your boyfriend can obtain divorce. In this regard as divorce in Philippines is not allowed thus divorce can be taken in Canada and after divorce your boyfriend can marry you. Marriage without divorce will amount to bigamy and further marriage will be void. You may marry after divorce.

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Old Jan 12th, 2013, 02:07 PM   #3
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thanks

do you have any idea how long will it take for that divorce?
thanks
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Old Jan 12th, 2013, 03:32 PM   #4
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Default re: marriage in Canada; my boyfriend is married in the Philippines

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Originally Posted by weirdflip View Post
my boyfirend is married in the philippines but he wants to marry me in winnipeg manitoba. what should he do then?
no children just wife in the philippines yet the paper is still on process
we are immigrants here
In order to obtain a divorce in Canada, you or your spouse must first be a resident for at least ONE YEAR in the province where you currently live. If you move from one province to another, your residency period begins all over again, and you'd have to live in THAT province for another year before filing for divorce there.

The only legal basis for obtaining a divorce in Canada is marriage breakdown for one of these three reasons:
  • adultery
  • physical/mental cruelty (if proven, then there is no waiting period)
  • physical separation - you must have lived separate and apart from your spouse for at least one year (in some provinces, the period is less than a year). The court has a duty to ask you if reconciliation is possible. You and your spouse may live together after separation for the purpose of reconciliation without eliminating the time towards the one-year period as long as each temporary period or periods of living together does not exceed 90 days in total. A weekend away or casual sleepovers do not hinder your one-year waiting period.
As far as timing goes, the minimum time is 90 days. There are no short-cuts because when you file a form goes to the Divorce Registry in Ottawa for 'clearance', and that part of the process can take up to 8 weeks. Meanwhile there are other parts of the process that may continue while you wait.

Short version of divorce in Canada:
  • Decide if divorce is your only option and try to resolve property issues with a separation agreement, but an agreement is NOT a requirement for divorce. Sometimes getting an agreement is next to impossible so give it up.
  • File your petition/application/claim.
  • Wait 4 to 8 weeks for 'clearance' and concurrently give a copy to your spouse.
  • File the second set of papers.
  • The courts will look at your papers and evidence then decide to grant your divorce.
This presumes that your spouse DOES NOT contest the divorce. If they do, expect it to take MUCH longer than this, in order to deal with division of property, child custody and support. In addition, as the spouse is living outside the country, it will take that much more time to exchange documents between the two spouses, which could add to the timeframe.
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Old Jan 13th, 2013, 11:29 AM   #5
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Default Re: marriage in Canada; my boyfriend is married in the Philippines

It makes a BIG difference whether your boyfriend is Philippine native or not. If he is a citizen of the Philippines any divorce he institutes in another country will not be recognized. Under Philippine law there is no divorce -- only annulment on very narrow, specific grounds.

If he is a Philippine national and applies for divorce in Canada, it would not be recognized in the Philippines and under their law he will commit bigamy if he remarries.
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