Highlights
- If you're the spouse left behind in the Philippines, courts in Australia won't take your case if you're not a resident or citizen of Australia.
- If you're the spouse in Australia looking to get married again, you need to prove that your previous marriage has been nullified.
- You can opt for a de facto relationship while you are processing your annulment.
'May PERAan' is SBS Filipino's podcast series which features financial experts seeking to answer the most common questions about money and finances.
Disclaimer: This article was published on 29 June 2022 and may contain outdated information. It is intended for general informational purposes only and should not be considered legal, financial, or tax advice. For the most up-to-date and personalised guidance, please consult with a qualified professional.
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Pwede bang magpakasal sa Australia kahit kasal pa sa iba sa Pilipinas?
SBS Filipino
28/06/202209:51
"The question of marrying in Australia if you're still married to someone else in the Philippines is surprisingly common. I've handled cases like this - both for spouses in Australia and spouses left behind in the Philippines."
Specialising in family law, Solicitor Florante Abad gives advice should you find yourself in this situation.
For the spouse left behind
Florante shares that if the spouse left behind in the Philippines is either a resident or citizen of Australia, he or she can file a case against his or her former partner.
"However, if the spouse is neither, the court will not even entertain the action against the other spouse. The court has to have jurisdiction and in this case, it does not."
For the spouse in Australia
Although the spouse left behind cannot file any legal action against the former partner, the former partner will not be allow to marry again in Australia if the previous marriage has not been nullified.
"In order to get married in Australia, he or she has to provide proof that the previous marriage is null and void. The marriage in the Philippines should have been legally terminated or nullified."
What can be done
If the party in Australia really wants to enter into a legally-recognised union with their current partner, Florante suggest to instead enter into a de facto relationship.
"Annulment and legal separation are difficult to process in the Philippines. Processes for these have been intentionally made difficult; whereas the process of separation in Australia is smoother.
"If you're looking to annul your previous marriage, what you can do is enter into a de facto relationship while you're waiting. You can officially register this as well. You will have almost the same rights as a married couple."
Disclaimer: The information in this article serves only as a guide. For additional information regarding your particular issue or situation, consult with legal, financial and/or tax experts.
