Navigating the process of ending a marriage can be daunting, especially when the union was solemnized in the Philippines but the parties now reside in a country that permits divorce.
Many Filipinos find themselves in a situation where they were married in the Philippines but later obtained a divorce in the US. Because the Philippines does not have a domestic divorce law, many assume that a foreign decree is automatically valid.
Why Your Foreign Divorce Isn't Automatic in the Philippines
If you were married in the philippines and divorced in the us, you must undergo a specific legal process called Judicial Recognition of Foreign Divorce.
The legal basis for this is found in the second paragraph of Article 26 of the Family Code of the Philippines. Modern jurisprudence, specifically the Republic v. Manalo case, has clarified that llc philippines even if the Filipino spouse initiates the divorce, it can still be recognized—provided one of the spouses was a foreign national at the time the divorce was granted.
Recognition Across Different Countries: Australia, Canada, and Japan
Whether you are in Perth, Toronto, or Tokyo, the requirements for recognition remain consistent.
Divorce in australia recognized in philippines : A divorce in australia recognized in philippines follows the same judicial path.
Canadian Divorce Recognition: Similarly, a divorce in canada recognized in philippines requires the petitioner to present the Canadian Divorce Act as evidence.
Divorce in japan recognized in philippines : Recent Supreme Court rulings have confirmed that Japanese administrative divorces are recognizable.
Filing for Divorce as a Filipino Citizen
The answer is yes, but with a major caveat regarding citizenship. In such cases, the parties may need to seek an annulment or a declaration of nullity in the Philippines instead.
Moving Forward
Navigating the complexities of being married in the philippines and divorced in the us (or elsewhere) requires patience and legal expertise.