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Getting marriage and divorce papers
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2016/9/11 22:26
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a pretty complicated situation, but I will try to be concise as much as possible.
My mother (a Filipino) worked for a family as a housemaid but had problems with her visa so she resorted to paying a Japanese man for a spouse visa. They married in 1975 but they did not live together nor did they have any kids. One day, my mom received a call that he died.
Three years later, my mother met my dad. They got married in 1985 and had three kids including myself. My parents' split in 1996 and my mother moved back to the Philippines and has not travel out of the country ever since. Because she was not travelling anyway, she did not care to renew her passport until now. She has already lost her old passport and is trying to get a new one but is having A LOT of trouble with her papers. I requested a copy of a Philippine marriage certificate for my mom. It shows that she is still married to the dead guy. I have yet to try to get my parents' marriage/divorce paper but I don't know how to proceed. Any help is very much appreciated.
- Can I get a copy of a marriage/divorce papers from the ward office without my dad or mom's authorization? - How can I find a dead Japanese man with just his name?
Thank you in advance for your help.
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by ladyviruz15
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Re: Getting marriage and divorce papers
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2016/9/12 13:49
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I am afraid you need a lawyer for this case. Just an opinion
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by Thingsfallaparts (guest)
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Re: Getting marriage and divorce papers
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2016/9/12 16:53
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Can you recommend one? A Japanese lawyer who specializes on cases like this? Thank you so much for your response.
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by ladyviruz15
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Re: Getting marriage and divorce papers
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2016/9/12 16:57
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what is the second husband's (your father's) nationality ?
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by ken (guest)
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Re: Getting marriage and divorce papers
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2016/9/12 22:23
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So your mother's first (Japanese) husband has passed away, and that fact was of course known, but the fact that the marriage was dissolved through death was not reported to the Philippine authorities (your mother had to do it). So I assume you or she would have to obtain his "koseki" (family register) that reflects his death, and report this first marriage as dissolved due to his death.
But then where did your mother get married to your father? In the Philippines? Then they should have known back then already? Or if they got married in Japan, it could be that the first marriage was dissolved already (in the eye of the Japanese authorities) so that they had no problem with the second marriage? (Here I am assuming that your father is Japanese).
If she has any papers from the first marriage, there might be a way. Also probably you would need to get a power of attorney from your mother (her authorization) and some ID that establishes that you are her child.
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by ....... (guest)
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Re: Getting marriage and divorce papers
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2016/9/12 22:35
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My dad is Japanese and got married here in Japan. I'm so confused, I don't know where to start.
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by ladyviruz15
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Re: Getting marriage and divorce papers
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2016/9/12 23:03
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if you get your father's koseki of full records, you may have some information about your mother. Technically, your mother was not able to get married with your father, if she failed to prove her singleness by the official document issued by Philippine government.
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by ken (guest)
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Re: Getting marriage and divorce papers
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2016/9/13 09:59
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In that case it seems that you'll need to get a copy of your family register. If you are listed on it then it shouldn't be a problem to obtain provided you know where it is registered. Are you in Japan now? If not you may need to hire a proxy to obtain it for you. The next question seems to be if the Philippines government would accept that as proof of your mother's second marriage and divorce. I'm not familiar with their marriage reporting laws so you'll have to look into that on the Phillipines end.
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by yllwsmrf
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Re: Getting marriage and divorce papers
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2016/9/13 17:59
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From your answer at 2016/9/12 22:35, I take it then that:
1) Your mother's earlier marriage to a Japanese man was in Japan, which later got reported to the Philippine authorities, then later the death of the husband was not reported to the Philippine authorities (that is why on the Philippine side she is still recorded as "married" to him).
2) Your mother's marriage to your father (also Japanese) was also in Japan, which did not get reported to the Philippine authorities (thus the Philippine side did not notice), and then the divorce occurred, which was not reported to the Philippine authorities neither.
Concerning 2), what you probably have to do is to get the "koseki" (family register) of your Japanese father, which should have all the record of his marriage to your mother and the births of children including yourself.
And concerning 1), your mother will need to give you some help to get the identity of the former husband, and get his "koseki" with the marriage to you mentioned, and his death mentioned, to prove that that marriage was dissolved. Any relatives who might be able to help you?
And you need to see for the rest if translation of all the documents for 1) and 2) will be accepted and recorded by the Philippine government.
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by ....... (guest)
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Re: Getting marriage and divorce papers
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2016/9/13 19:59
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A typo in my previous post:
"And concerning 1), your mother will need to give you some help to get the identity of the former husband, and get his "koseki" with the marriage to your mother mentioned, and his death mentioned, to prove that that marriage was dissolved. Any relatives who might be able to help you?"
And on 2), since you seem to hold Japanese nationality, I take it that you are on your father's "koseki," so as a former family member you should be able to obtain a copy with an ID, if you are in Japan.
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by ...... (guest)
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Re: Getting marriage and divorce papers
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2016/9/13 20:34
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Obviously we don't have all the facts, but just with what's written inn this thread, I don't see how your mother's second marriage was legal at all.
As an American who married a Japanese, I had to show a "certificate of no impediment" from the US Embassy to prove I could get married. With a quick google search, it looks like a Philippine national marrying a Japanese in Japan must provide "a certificate of legal capacity to contract marriage" from the embassy. How could your mother have provided this if records show she was still married? She would have had to submit proof of her previous husband's death FIRST in order to prove she wasn't still married to get that certificate, and obviously she didn't because the records show she's still married to her first husband. But that certificate is required for a legal marriage in Japan. Then obviously she didn't report the second marriage to the Philippine Embassy (which she must have done for the first marriage), perhaps because it wasn't a legal marriage at all?
But then, if the marriage wasn't legal, how could your mother have stayed in Japan from 1985 to 1996? Either she was illegal (it doesn't seem like that's the case...), she didn't apply for a spouse visa (maybe she was on a work visa of some sort) or maybe at that time there was no need for that certificate, and it is a more recent rule? Whatever the case, there isn't enough information. As others have said, I think your best chance is to hire a lawyer.
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by scarreddragon
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