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Help: about marriage law

dlsuchix

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Hi!


I have a friend who said she is married in Japan to a JAPANESE guy and they have a baby, showed us some pictures actualy. but she is also married here in our country (philippines), and has been separated to her husband but not legaly divorced or annuled here.


When she left Philippines 2004 or 2005, she did not update her passport. So the passport shows her single last name. meaning to say, she did not update her passport about her status.


She told us she is married in Japan. But it seems she is not using his new husband's last name. Because according to our friend who works in the travel agency this girl booked her ticket on her way back to Japan and showed her passport still her single name, she renewed her passport in Philippines Embassy (japan).


What possible legal implications she can get when she is married in JAPAN and she is married in our country too? Is she also liable for not updating her status in her passport application?


pls enlighten.... thank you!😊
 

let`s talk

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Hi!
I have a friend who said she is married in Japan to a JAPANESE guy and they have a baby, showed us some pictures actualy. but she is also married here in our country (philippines), and has been separated to her husband but not legaly divorced or annuled here.
When she left Philippines 2004 or 2005, she did not update her passport. So the passport shows her single last name. meaning to say, she did not update her passport about her status.
She told us she is married in Japan. But it seems she is not using his new husband's last name. Because according to our friend who works in the travel agency this girl booked her ticket on her way back to Japan and showed her passport still her single name, she renewed her passport in Philippines Embassy (japan).
What possible legal implications she can get when she is married in JAPAN and she is married in our country too? Is she also liable for not updating her status in her passport application?






pls enlighten.... thank you!😊
She said this, she said that.What are the facts? She could not get married in Japan without the certificate of capacity to get married issued by the embassy of her home country in Japan.If she forged this certificate or if the embassy didn`t check her "single/divorced" status well, it doesn`t change the main point:bigamy is illegal in japan and such married can be rescinded either by one of her husbands, any relative, public prosecutor or by herself.This claim goes under the court jurisdiction.She will be obliged to return all property and gains got through this marriage and compensate any damages, including moral, to both of her husbands (artc.732,744,748 of Civil Code of Japan).If she got a spouse visa on the ground of this marriage, her visa will be also annuled.Any more questions?
 

tanji0613

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Hi, would anybody know if it's possible to get married in Japan, being both foreigners who are not residents of Japan. I studied in a small town in Kyushu and still have fond memories of the place. I would like to have a small ceremony in this place with my family and very close friends. I would like to do this in a Catholic church. What do I do? Do I still need to check the requirements of the City Hall? We will immediately come back to our country after the wedding.
Please help.. Thanks so much.
 

PinoyLegal

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I disagree with Let's talk!

The facts are clear and given its clarity, we should take it as the truth, otherwise, this site will be called "legal counseling" and not a forum.

DLSUChix, tell your friend the following:

1) If she is validly married and with child to this Japanese citizen, there is no problem to begin with. Under the law, if she had undergone this proceeding, despite knowledge of marriage in the Philippines, but still considered valid as per Japanese law, then her 2nd marriage is done in good faith. Prior to her marriage, the State (Japan), is obligated to ensure that she possesses all the qualifications and none of the disqualifications of a marrying foreigner, as a measure to protect its citizen from fraud. The State's failure to authenticate these qualifications prior to the celebration of marriage becomes a valid defense. The fact that she was validly married and her union even bore a child, the legal protection applies to her and most of all, to her child, now deemed, a Japanese citizen. The Philippine law follows jus sanguinis, the child follows the citizenship of his father.

2. Updating of her passport- In the Phillippines, it's a matter of fact and not law to update your records and any delay, whether intentional or unintentional, is not punishable. The drawback however, assuming she is in Saudi Arabia and not Japan, the Koran expressly prohibits a single woman to bear a child if not legally married. If done so, the State can stone her to death etc. for the said breach. In my understanding, Japan does not prohibit this situation, so why hide? Furthermore, her non-declaration of these facts, being married with a Japanese child, may work against her disadvantage if in the future she decides to bring her child to her native country, the Philippines. Documents wise, she's still single without an issue, hence, the child is not hers unless she can prove it otherwise.

If I were your friend, I'll try to exercise this privelege considering the valid union celebrated and accepted in Japan. If not, do it for her kid's sake.



If you have further concern, you may send me a PM:)
 

Glenski

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Hi, would anybody know if it's possible to get married in Japan, being both foreigners who are not residents of Japan. I studied in a small town in Kyushu and still have fond memories of the place. I would like to have a small ceremony in this place with my family and very close friends. I would like to do this in a Catholic church. What do I do? Do I still need to check the requirements of the City Hall? We will immediately come back to our country after the wedding.
Please help.. Thanks so much.
Yes, of course you can get married in Japan. Check with your embassy about the necessary requirements.
 

legalrights

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Help:I need help about marriage law

First, there is NO guaranteed way to get contact visits. Second, if you get legally married and it doesnt work out, you then also have to get legally divorced.

Having said that, as far as I can see, Declarations of Intended Marriage (the 'common law' things) are only available to couples who were living together before the inmate was incarcerated. If that doesnt apply to you, then it would have to be the marriage by proxy route. Something that LAT said a few days ago got me thinking, about TDC not being able to go above the State laws. I managed to find the State legislature that deal with legal marriages, and it says that as long as they are conducted by someone who is officially allowed to by whatever particular church or congregation, the marriage is legal.

Non-Christian proxy marriages are possible, if the Officiant is licenced by the ULC (Universal Life Church), and I have a link to a list of officiants if anyone wants to PM me for it.
 
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I am changing my user name to "MrLegal" so that I can give advise about this marriage. Until then , you will just have to wait.
 

Kmir

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Maybe not the right place but looking through the forum I don't find. I am going to go to Japan because of Japanese girlfriend. Maybe don't live but stay for a while. What I should I do and not do when I meet her family? I don't speak Japanese so what I say is ok. Girlfriend will edit.
 

Mike Cash

骨も命も皆此の土地に埋めよう
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Maybe not the right place but looking through the forum I don't find. I am going to go to Japan because of Japanese girlfriend. Maybe don't live but stay for a while. What I should I do and not do when I meet her family? I don't speak Japanese so what I say is ok. Girlfriend will edit.

The normal thing to do would be to start a new thread....not revive/hijack an old and only marginally relevant one.
 

Kmir

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The normal thing to do would be to start a new thread....not revive/hijack an old and only marginally relevant one.

Many regular participants get angry when many threads are started. This was dead so I think it was good thread to ask my question. I hope your girlfriend was nice last night so you are not so angry today:)
 

SweetBride202

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Hi, would anybody know if it's possible to get married in Japan, being both foreigners who are not residents of Japan. I studied in a small town in Kyushu and still have fond memories of the place. I would like to have a small ceremony in this place with my family and very close friends. I would like to do this in a Catholic church. What do I do? Do I still need to check the requirements of the City Hall? We will immediately come back to our country after the wedding.
Please help.. Thanks so much.

Of course you can get married anywhere! Just go to your embassy and check the requirement needed. There's loads of paper works needed though. 🙂
 
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