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august

FILIPINO COUSIN COUPLES MARRIED OUTSIDE THE COUNTRY

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TO ALL FILIPINO COUSIN COUPLES OUT THERE WHO'S IN THE SAME SITUATION W/ MY FIRST COUSIN, WHO'S PLANNING TO GET MARRIED OUTSIDE THE COUNTRY WHO ALLOWS COUSIN MARRIAGE,

i did a little research about the validity of that marriage here in the Philippines in case you're planning to go back to the Philippines after your marriage from the other country who allowed it.

here's what i've found and it really sucks!!! i hate Philippine Marriage Law! grrr!try to visit the link and read it.

http://jlp-law.com/blog/divorce-annulment-philippines/

Some Filipinos want and do get married outside the Philippines. There?s nothing really strange with this, except when they say that the reason is for convenience in getting a divorce abroad. This is strange for two main reasons:

1. Divorce is not recognized under Philippine laws. If you?re a Filipino, it doesn?t matter where you get a divorce: such divorce is invalid/void in the Philippines. This is because under the nationality principle (Art. 15, Civil Code), all Filipinos ? where they may be in the world ? are bound by Philippine laws on family rights and duties, status, condition, and legal capacity. Yes, folks, you can run, but you can?t hide.Nevertheless, divorce decrees secured outside the Philippines are recognized in certain instances. This is provided in Article 26 (Paragraph 2) of the Family Code, which reads in full:

ART. 26. All marriages solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35(1), (4), (5) and (6), 36, 37 and 38.

here's the link of the Articles:

http://jlp-law.com/laws?article=executive-order-no-209-family-code-of-the-philippines#fc35

Art. 35. The following marriages shall be void from the beginning:

(1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians;

(2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;

(3) Those solemnized without a license, except those covered by the preceding

Chapter;

(4) Those bigamous or polygamous marriages not falling under Article 41;

(5) Those contracted through mistake of one contracting party as to the identity of the other; and

(6) Those subsequent marriages that are void under Article 53.

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. (as amended by E.O. No. 227)

Art. 37. Marriages between the following are incestuous and void from the beginning, whether the relationship between the parties be legitimate or illegitimate:

(1) Between ascendants and descendants of any degree; and

(2) Between brothers and sisters, whether of the full or half blood. (81a)

Art. 38. The following marriages shall be void from the beginning for reasons of public policy:

(1) Between collateral blood relatives, whether legitimate or illegitimate, up to the fourth civil degree;

(2) Between step parents and step children;

(3) Between parents in law and children in law;

(4) Between the adopting parent and the adopted child;

(5) Between the surviving spouse of the adopting parent and the adopted child;

(6) Between the surviving spouse of the adopted child and the adopter;

(7) Between an adopted child and a legitimate child of the adopter;

(8) Between adopted children of the same adopter; and

(9) Between parties where one, with the intention to marry the other, killed that other person's spouse or his or her own spouse. (82a).

>> reading these made me so much disappointed and hopeless. our plan of getting married outside the country will still be pointless, invalid and void here in the Philippines. so is there really nothing to do about this?  any ideas on to this? should we get a citizenship to the country that we're planning to be married??? i need words of encouragement :(

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Aww, I'm sorry! Maybe you should consider moving to another country?

I'm somewhat confused though as to what marriage laws apply to someone who is a citizen of a country that prohibits cousin marriage, but lives in a country that allows it. Does anyone know that?

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Aww, I'm sorry! Maybe you should consider moving to another country?

I'm somewhat confused though as to what marriage laws apply to someone who is a citizen of a country that prohibits cousin marriage, but lives in a country that allows it. Does anyone know that?

yeah, i think so. hmm, ias what ive read. in philippine law, the citizenship that they are basing is your citizenship when you get married.

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I already know my cousin and I cannot be married legally in the philippines,but we still plan to get married,its a religious matter anyways.So we might not be married legally in the philippines,but we will be married through the church.Also If we can i will try to bring her to the U.S. and get married in a state that allows Cousin marriages.Just so my property and inheritance will be passed to her and my son.

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I already know my cousin and I cannot be married legally in the philippines,but we still plan to get married,its a religious matter anyways.So we might not be married legally in the philippines,but we will be married through the church.Also If we can i will try to bring her to the U.S. and get married in a state that allows Cousin marriages.Just so my property and inheritance will be passed to her and my son.

yes, same with us. let's just keep on praying for our success.

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marrying through the church needs dispensation, right?

my cousin-bf has no plans to get married because the Philippine legal system wont allow, but i haven't told him that the church may allow us to be married.

What are our chances?

We have a 3year old son and all our relatives, even our parents and my siblings dont know yet.

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This is what happens when religions gets in bed with government.

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marrying through the church needs dispensation, right?

my cousin-bf has no plans to get married because the Philippine legal system wont allow, but i haven't told him that the church may allow us to be married.

What are our chances?

We have a 3year old son and all our relatives, even our parents and my siblings dont know yet.

yes, but that wasnt proven yet now a days, it was only based upon our readings in the internet. chances would be, marrying outside the country and moving out from the Philippines? oh, i see you had a tough situation too, how come they dont know yet?

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My sisters know about our relationship but i haven't confirmed it yet with my parents and my brother. My sisters implicitly told me that they don't like/approve our relationship. They don't understand what we (me and my cousin-bf) need to fight. They think that being together again is another mistake. I don't want to explain yet because they might think that I am still too young (I am 23 y.o.) to decide on things like this. It is really hard when we know that our family cannot accept US. Both our sides are religious catholics.

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how come our life isnt so easy at all??? i hope that someday it would be legal here.... :( im still hoping.....

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What are the rules for marriages entered into by Filipinos in foreign countries?

REPUBLIC ACT NO. 386

AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES (1950)

TITLE III

MARRIAGE

CHAPTER 1

Requisites of Marriage

Article 71. All marriages performed outside the Philippines in accordance with the laws in force in the country where they were performed, and valid there as such, shall also be valid in this country, except bigamous, polygamous, or incestuous marriages as determined by Philippine law.

EXECUTIVE ORDER NO. 209

THE FAMILY CODE OF THE PHILIPPINES

July 6, 1987

TITLE I

MARRIAGE

Art. 26. All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35 (1), (4), (5) and (6), 36, 37 and 38.

--- sa pagkakaintindi ko dito e, mas maganda kung hintayin muna mapalitan ang citizenship/nationality nung magfirst cousin na PINOY bago magpakasal sa ibang bansa para hindi na filipino ang lumabas na nationality/citizenship nila sa marriage contract, lusot na ang magpinsan sa E.0. NO. 209 na applicable lang sa mga filipino. kaya kahit bumalik sila sa pinas e valid ang marriage.

--- regarding sa dispensation na pinost ko, di ko lang alam kung inaallow/inihohonor/iniexercise pa ba ng simbahan dito sa atin yan.

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korek ka diyan, should have the citizenship or become a permanent resident in the country that they're planning to get marry first, to be safe. :)) I think dispensation isn't practiced now here.

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What if hindi filipino citizen and lalaki? And plan nyo mag pakasal sa country nila? Pero mukang mahirap din yun and magaatos.....

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which country would be the best place to marry for couples like us??? I would like to pursue our plan going abroad. And How? I dont want to go thru an agency if I need to work abroad too. No hope for couple cousins here in the philippines.

Any suggestions? :(

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asiancuz_Lover,

Being in the Pacific Rim, I would suggest Australia or New Zealand. I love the USA, but until we get our $#*! together with regards to our immigration policies and system, I wouldn't waste my time. If you are going to try to come here legally, there are innumerable hurdles to overcome. Of course, if you come here now, and can get a work visa, then just overstay it, our politicians are going to make you a citizen anyhow, so who knows, maybe you should just come on over and take your chances.

As far as somewhere that you can go, that has a more common sense approach, go to AU or NZ. It may be a little tougher than just showing up, but at least the rules are all up front, and to do it legally is no where near the insanity. 

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What if hindi filipino citizen and lalaki? And plan nyo mag pakasal sa country nila? Pero mukang mahirap din yun and magaatos.....

edi much better and luckier ka/kayo,, kasi isa s inyo americn citizen n. much easier to get married ofcourse s country nila...

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which country would be the best place to marry for couples like us??? I would like to pursue our plan going abroad. And How? I dont want to go thru an agency if I need to work abroad too. No hope for couple cousins here in the philippines.

Any suggestions? :(

first of all, let me know more about you, what do you mean by "cousins like us"? what are your professions??  as far as i know, we should have atleast 2-3yrs working experience if we wish to apply abroad. if it is your first time applying abroad it would be better to ask assistance from trusted agencies, if both of you hve relatives outside the country. much better...

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Well, first cousins cannot marry here in the Philippines as it is provided in Art 37(1)  of the Family Code as against public policy. But if it's one's second cousin, then the marriage will be recognized here in the Philippines. No problem with that.

But then, if a couple are first cousins, in which the other is the son or daughter of the sister or brother of one's parent, then the marriage will not be recognized here as provided by Article 26(1). Changing one's nationality is futile. One cannot insist that the foreign law in which the marriage was solemnized should be recognized here in the Philippines(Article 17 (3) of the New Civil Code). The effects of such marriage would be more disadvantageous especially if the plan is to return in the Philippines after the marriage. One will become a foreigner in one's own land. One cannot own not even a square meter of land, one cannot get a job without an employment permit from DOLE and that is only if no qualified Filipino citizen wants the job and one cannot even change jobs without approval of the Secretary of DOLE. In short, one will be robbed of all the benefits of s Filipino citizen which one will actually know once he has become an alien. In addition to that, any children born from such marriage are ILLEGITIMATE, since the marriage was void at the very beginning.

Unsolicited advice:you can marry in a country which do not prohibit marriages between first cousins but don't return in this antiquated country, otherwise, you'll have to face the consequences of a marriage not recognized by the State. :(

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What if you married your cuz in the US then go back to the Philippines to retire, will there be a problem with that?

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laws are laws made by the government that we need to follow.. but if the heart is talking, i think it is your own rule to follow..

In my experience being involved with my cousin, i was so frustrated.. if u wanted to make your lovestory a successful one, don't bother yourself with the things that doesn't allow you to make that dream come true..

it was everybody's dream to be MARRIED.. but let's face the fact that not all marriages end up in happy endings.. and many people are happily living together, having their own family but not married.. it is probably because marriage ceritificates for them are no big deal at all..

in my opinion, marriage certificates are only useful for those who have properties to attend to, transfer or to inherit.. but for a farmer who only rented a land to toil just only thinks of making a living for a family i guess isn't bother of the marriage certificates at all..

go ahead, why don't you check your provinces and be surprised how many of your relatives are inter-connected.. i'm not saying that we are immoral.. it is probably because most of us are illiterate of the laws.. and i think laws are still depend upon the situation..

if u want to get married, go ahead.. do u know how fast it is to have a Civil wedding if u have cash? lol..

if they allow u, nice.. then u have a "marriage certificate".. hehe.. if not, why be so upset.. go ahead. enjoy your life and still pursue that dream being together.. it's not the end of the world if u don't get married.. as long as u love each other i think that's enough to have a happy life..

i was once become a SLAVE of FEAR.. i don't want to let it happen to you..

Smile.. Don't worry.. GOD is in Control.. cheers! :wink:

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in my experience, collecting data and information to find ways to get married.. it was really a mixture of stress, frustration and depression.. until i get myself to became a slave of fear because of so much information that i have.. not realizing that it wasn't really that important at all.. and it was too late when i noticed that the "spark" between us has been gone because of fear and worries..

we all wanted to get married with the one we love.. but have we first asked ourselves before we enter this kind of relationship on "how much are we ready and how much are we willing to sacrifice for the sake of love?" because in the first place, we already knew the consequences on this kind of relationship.. "are we strong enough to face them?"

i envy those people who succeeded to be with their cuz-love, yes.. i do believe that their love is eternal for they have passed all the struggles.. we all knew how hard it is to be in this kind of relationship.. these people are proof that our dreams being with our cuz-love can succeed.. enough reason to fight for love..

the success of ur lovestory depends on both of you.. if one of u, feel shaking, doubt, in fear.. then i guess the love wasn't really that strong..

don't make "being married" a solution so you can say that you will be together forever.. rather, make it as an option.. married or not as long as the two of you belive in the LOVE that u have was true.. i think it is enough to make your life happy together..

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Hello everyone,

I visited the Philippines within the past year to visit relatives and during my short 3 week stay, I reconnected with my first cousin on my mother's side whom I haven't seen since my last visit to the country more than 15 years ago. We talked and talked and before we knew it, we were head-over-heels for each other. My family and I live in the U.S. and are citizens. My mom petitioned my aunt's family (her, my uncle, and 3 children) in the late 80's/early 90's (I don't remember the exact year) and if I heard correctly, they could possibly arrive here by Q1 2014. The problem is that the particular cousin I'm in love with was deemed to old at the time of processing (sorry I know virtually nothing about how immigration works) and therefore will not be coming with them. I'm aware that the Philippines doesn't recognize cousin marriage but I live in California which does. Would it be possible to apply for a fianc?e visa? I'm pretty sure the answer is no but does anyone have any ideas/suggestions for a way I can get her to the U.S. without waiting 10-20 years? She's currently working as a registered nurse and is planning on getting a tourist visa to visit in the coming months. Would it be possible for me to legally marry her while she's visiting? I just can't stand being apart from her for 10+ years. Any input would be greatly appreciated. I know a lot of the members here have similar circumstances and I'm not the only one facing such problems. I pray success will come to all of us eventually.

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monokuma, you're so lucky there are a lot of options for both of you to get married legally. there are a lot of ways for you to get married. yes that would be possible. take a research about all of your visa in California, and also marriage... anyway, it will be soon for her to get there. nothing to worry about... just never give up. fight for your love..

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FMI, you're right marriage contract is just a paper, the most important thing is both of you already considers each one of you as husband and wife... the most important thing is the truthfulness of your love for each other, the loyalty and sincerity. a lot of couples got married legally but yet just ended up in a broken family...

but you know what? it would really be better to get married legally, the feeling is really different, it's such a great happiness... we just got married and we're so happy, such a great achievement, and we felt higher intensity of love... also for legal reasons, its so useful and beneficial for all of you, wife, children... like for the insurances, and dignity for you as a woman.... 'coz you can proudly fill up some forms that you're already married in the status. gone all those insecurities for living together without marriage. now I can proudly say yes whenever some of my friends asked me if are we already married. bcoz that's the usual question they asked, too personal and im sick of hearing it before coz we're not yet married.

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