We already have four installments on this topic (refer to Part I, Part II, Part III , Part IV), as well as related posts on annulment, legal separation, declaration of nullity and divorce. We’re trying to cope with the numerous questions raised, but with our schedules, it’s impractical to answer the questions one by one. This is the reason why we summarize the questions so that similar ones would be answered in one go. Again, browse through the existing related articles to see if your questions are covered by existing discussions.
In this series, we’ll centralize the questions relevant to Overseas Filipinos and OFWs. This will be a continuing discussion:
Divorce is allowed in the country where I’m located. Can I get a divorce here and would this be recognized in the Philippines?
Some countries allow the filing of divorce by Filipinos within their jurisdiction. The problem, however, is a divorce obtained by a Filipino abroad is not recognized in the Philippines (but the rule is different if the other spouse is a foreigner). It’s a useless exercise as far as Philippine law is concerned.
If a divorce secured by my foreign spouse is recognized in the Philippines, what should I do?
You need to file a petition for recognition of a foreign divorce decree with the appropriate court in the Philippines. Ask your lawyer to prepare the petition for you. See Judicial Recognition of Foreign Divorce Decree. Other related questions on foreign divorce decrees are discussed in that article.
Would it make any difference if I marry abroad (where divorce is allowed) so I could get a divorce later on in that place?
No. Filipinos are covered by the prohibition against divorce, regardless of wherever they get married (and regardless where they get a decree of divorce). This is based on the “nationality principle” which basically provides that Philippine laws affecting their status follow them wherever they may be.
Would it make any difference if I later become a citizen of the other country? For instance, I was married in the Philippines and secured a divorce in the United States. Both of us are Filipinos and my spouse voluntarily signed the divorce papers. After the divorce, I married another guy, a former Filipino who had acquired U.S. citizenship. I am still a Filipino citizen. Is my previous marriage still valid in the Phils.?
Yes, the first marriage is still considered valid in the Philippines because divorce between Filipinos, wherever secured and even if with the consent of both spouses, is not recognized under Philippine laws. In other words, as far as the Philippines is concerned, the second marriage is null and void.
What if I’m naturalized in another country and subsequently secures a divorce?
Naturalization in a foreign country is one of the ways to lose Filipino citizenship. A Filipino who loses his citizenship through naturalization may secure a divorce decree abroad and have the valid divorce decree recognized in the Philippines through the proper process in court. [See also Summary on Recognition of Foreign Divorce Decree in the Philippines.]
If divorce is not allowed in the Philippines, does this mean that spouses have no remedy in getting out of a problematic marriage?
While divorce is against public policy and is prohibited by law, the Family Code provides for certain grounds to annul a marriage or declare it as null and void.
Why not allow divorce in the Philippines?
Good question. But this is properly addressed to your representatives in the House and your Senators. As members of the legislative department, they have the power to make laws and change existing laws.
Can I file the petition for annulment or declaration of nullity even if I’m abroad?
Yes. You could prepare and file the petition for annulment or declaration of nullity even if you’re abroad. You could sign the document abroad and have it authenticated at the nearest Philippine embassy. You could then transmit the documents for filing here in the Philippines. Your lawyer should be able to guide you every step of the way, including the preparation and filing of the petition. [See also Filing an Annulment Case even While Abroad]
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Hi Atty,
I would like to seek help about my status which is very complicated. I am a Muslim convert who contracted a marriage through Islamic rights in 2010.I started using my then husband surname thereafter but 3 years later,we consented to a divorce.Both marriage and divorce were never registered in the Sharia Registry.What is the legal effect of such non- registration and how can I revert to using my maiden name? Thank you so much for your help.
Good day! I’m an ofw, and got married to my long time live in partner abroad. Is my marriage here can be recognized as valid in the Philippine law? what if one of us will remarry another person in the Philippines thereafter that marriage abroad? Would it be possible to find out which marriage is legal and valid? Thank you!
Hi,
I know you can help me. Here is the scenario, I got married year 2002, and delivered a baby 2004. We are staying in his parents house. After giving birth, he left and went abroad, every two years vacation for one month, for the first year abroad our communication is ok. We always chat and talked. The next year, suddenly everything became cold. Till the time he came for vacation, I found out he’s seeing someone, and chatting constantly, he said there is nothing in between I forgive him, again he left for another two years, and this years became worst, we lost our communication. He always says he is busy. he asked to work so we can have savings. I worked in philippines and I spent my salary for my daughter expenses, then my contract is finished. I had a doubt again as I am receiving wrong msgs from his phone abroad, msg to other girl. I didnt mind it. He came for vacation and he dont have anything, no savings. When hebcame for vacaion, he started going out and seeing this girl, the ex gf is th gf now, and what she knows is we are separated already but I need to stay in their house because of my daughter, hes doings are obviously and didnt respect me, even werd in bed their talking on the phone, I dont argue and I dont want to fight, I took all this pain,till got the chance to get the girls no. Started messaging, it ends she left my husband, I forgive my husband but the pain still remain.Were having argument as her parent is also minding or getting into our relationship, i asked my husband if we can rent an apartment so we can have our own life, but the parents didnt agree and the father being too hesterical and threatining us. As my husband is a spoiled brat and always follow his parents and depending to them, i never had the rights being the wife, i must always goes on the flow and follow what they want, in short my mouth is shut up. After this issue, he went back abroad, and our relationship became more worst, he forced me to go abroad, I got the chance and went as visit visa in dubai and got the job. I gof less salary and need to pay some of the expenses. He want me to cover my daughter’s expenses and he is the one will save money. We cannot chat. I cannot call him as my money is budgeted, I am not having enough rest and not yet even adjusted with the nature of the country. He started doubting at me, I knew a guy his cousins friend in dubai who helped me finding a job and be familiar in the city, he became my friend, just a friend like a brother he is a ahappily married man, and my husband is doubting at me having relationship with this guy, because of this he wants to come to dubai, he never think before he act, as we never yet done with all the expenses and I am not having enough salary, he wants to resign and come to dubai which is not easy for me, I cannot sponsor him and for this his doubt became bigger of his self, I get tired of him. He can call me as he is having more salary than me but he demands me to do this and that, he always decide and think like a kid, he is always not having money, but he always buy expensive gadgets, I am having hard time with this kind of attitude. After another year, when I adjusted at work, I can used now the internet to chat, when i sent him a msg, a girl replied to me said, stop bothering her husband, she said I dont have the right as I left my husband alone in the air. I heard that my husband went back to phils, and some of his cousin told that he is having arelationship and this girl stayed in their house, they deleted me on their facebook, I never had contact with my daughter, if I didnt send money, they will not allow me to talk to her or will not answer my call, even my daughter facebook their controlling it, theyre teaching my daughter not to tell anything about this girl, I asked my family to vigt my daughter and see if this girl is in their house, it slip in my daughter about her daddy’s new wife. We tried to console once, but it didnt work, I dont feel anything for him, nothing, only I care about is my daughter as her attitude is changing because of the wrong way of raising her, all of my ex husband cousin and neighbor is telling all this to me about my daughter and how they spoil her. I am afraid, the grandparents said, I can never get my daughter to them unless they die.
Now, what I want is to file an annulment, I am here abroad, I want to know how much it will cost and what is the ground for this..
Kindly do replied me on my mzil, as iam going to phillipines in a month or two to file.. help me for what are the procedure and how long it will take..
Atty,
We dont have communication, sometimes I am talking to my daughter grandmother, like now I dont have work, and I cannot send money to her, when im calling here they never answered the call, if I msg her on facebook, im getting no reply but if I told them I am sending money then im getting immediate response. I dont want to use my ex husband surname, and I want to be free from him. Sometimes they are using my daughter to console us, I had enough with my ex husband cheating, lying, irresponsible, he can never stand on his own feet. I want to get annuled and change my surname, and also my passport. We are no longer communicating, and I amv having problems of getting a job because of my status, documents as single and passport as married. I am coming back to phillipines, or how to file the petition for annulment if I am here abroad, where to go and what I need to do or any requirement???
good day to everyone,,i want to seek an advice,i want to file an annulment,but dont know how?I was married June 20 1991 at the City hall of Manila through the so called secret marriage’,,i was 22 years old and my husband was 18,my husband fake his name in the marriage contract he signed different name and just used his true surname,different birthdate and also used different mother’s name,,i used this marriage contract in all of my papers and so with my daughters birth certificate,when i am here working here,he became addicted to some drugs,gambling,and have an affairs to some women too(i even caught him on top on one occasion)He wasted my hard earned money that everytime i will buy a property he will sell it.I am the one who shoulder the education expenses of my daughters until now.I suffered physical abuse from him everytime i went on for a vacation that he will hurt me even at my childrens presence,my daughter was the one who enlighten me about all this,now i want to get rid of this fake marriage and live a peaceful life which i think i deserved and focus more on investestment and i want to get rid of that so called conjugal property law,,i want to know how long will it take before it will be approve and can i get a free lawyer because i dont have any savings to spend?can i personally file it in the Philippine consulate based here in HK?which department should i go?,,thank you and more power
in Addition to my message,,,what grounds i can use for filing an annulment in my case?
atty.
tanong lang po … paano at gaano po katagal ang process ng annulment? ive been separated from my husband two years ago now without any contact with him… plano ko po magpaksal dito sa abroad…i tried to get cenomar in NSO but they said they are still detecting marriage… i left philippines without any documents of marriage and i did not change my documents … its still single… is there any posibility to re marry again here abroad with my fellow pinoy or should i proceed to a legal process of annulment?… maraming salamat po,,,
Hi Atty, I am legally Married,
can you help me on how to apply an annulment.
while I’m presently residing here in Middle East.
i was separated for 4 years. my X husband is now having leave in partner. in where I’m asking his formal signature for a legal separation.
please atty. I need your help
Hi Atty;
Good day! I need some legal advice about annulment, i am 4years now in Saudi and converted to Muslim and i have also muslim wife here in Saudi but the problem is i was married in the Philippines and i want to annull it.
my question is my christian wife can file bigamy?
Can i file annulment to my christian wife?
please email me the advice to this email ealgre@ymail.com
tahnk you!
hi.atty.,what were going to do my boyfriend are still married in the philippines and also her in malaysia but his filing already a divorce, how about in the philippines.because we want to marry also in the philippines. the problem is, his still married there and the girl dont want an annulment..but my boyfriend dont want because the girl cheated him by chatting with some foreigners and while shes working in singapore she got a relationship with a filipino also.then she also cheated that the fist child is my boyfriend but its not because he found it that the child not match the blood and last year only the girl till the truth the his not the real father..what were going to do if the girl dont want an annulment.?