Dear Attorney,
I am currently in a relationship with a woman who has been separated from her husband for the past eight years. They have a document stating that they have been separated, but they have not yet filed for divorce. We are both interested in getting married in New Zealand. Is it legally possible for us to get married there under these circumstances?
Sincerely,
A Concerned Partner
Insights
In the Philippines, marriage is a legally binding contract that requires the parties involved to be free of any existing marital ties. According to the Family Code of the Philippines, a legally separated individual is still considered married under Philippine law. Legal separation merely suspends the couple’s obligations to live together but does not dissolve the marriage. As such, the separated spouse is not free to remarry.
While you and your partner may wish to get married in New Zealand, it is important to understand that the legal implications of your partner's existing marriage under Philippine law may still apply. Even if New Zealand law allows your partner to remarry without a formal divorce, such a marriage might not be recognized as valid in the Philippines. This could lead to serious legal complications, including charges of bigamy, which is punishable under Philippine law.
Before considering marriage in New Zealand or any other jurisdiction, it is advisable that your partner secure a proper annulment or a divorce, if applicable, under Philippine law. This will ensure that any subsequent marriage is legally recognized both in the Philippines and abroad. Legal counsel should be sought to navigate the complexities of these processes to avoid any unintended legal consequences.
Given the gravity of these legal concerns, it is imperative to consult with a lawyer who specializes in family law to explore the best course of action. Your lawyer can provide tailored advice based on the specific circumstances of your case, ensuring that your actions are in compliance with both Philippine and international law.