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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Good day attorney,
My problem goes like this. I am married in the philippines but I left my x-husband and my 1 son since 2 years after the marriage. Now its already coming 10 years that I have no communication with my x-husband. I open a petition for annulment but my lawyer in the philippines said that I need to go home at least for the first hearing in the court. Is theres a possibility that my lawyer can do without my consent in the court?or without appearing in the court? because I cannot go home with my new family. If my x husband will sign for example do the court need my Appearance? Please help me Atty.
Thank you!!!
Good day,
My wife & my self working in Dubai, our 2 kids is studying as well, we took our annual vacation last June and 2 days before we came back to Dubai she together with her mother secretly spoke to my Father that she can not stand our marriage anymore and she will leave me. My father did not told me what happen until such time, few weeks after we all return to Dubai, One Wed afternoon after office when I got home I found my Wife and kids belonging are gone. Immediately I search for them but no luck, I phone-in my parents and told them what happen, then that is the only time that my father told me what she did while we are on vacation.
My question is, will her provocative action enough to file an annulment?
Thank you very much
HI GOOD MORNING I CAME ACROSS TO YOUR WEBSITE BECAUSE I WANT TO GET INFORMATION ON HOW TO GET LEGAL SEPARATION WITH MY HUSBAND..WE BOTH WANTS TO SEPERATE,SO COULD YOU PLEASE TELL ME WHAT IS THE BEST WE CAN DO REGARDING THIS MATTER..HOPE TO HERE FROM YOU,THANKS..
Hello, I have just received my certificate of finality on my annulment last Sep 23, 2014 and are now in the process of registration to the Civil Registry Office in Leyte. I understand that this is a lengthy process in order to get the annotated marriage certificate (NSO). I am planning to get married in December 2014 outside the Philippines in which the country of marriage shall require only birth certificate , passport and the certificate of finality (annulment). I would like to ask you , can I proceed with the marriage? and would my marriage be valid (while my papers are being registered at this time). I look forward to hearing from you.
Regards,
Andy
Hi Atty,
Would like to address my concern about my right and my daugther right.
Got separated early this year with my estranged husband. We have a discussion on how we will raise our child. Ive prepared an equeal shared computation of monthly expenses for our child but he did not compromise. He just offered and amount which is not almost 50% on what I present to him that is what Im dealing it right now.
We agreed also before that he will have a monthly communication since he is still working abroad and still failed to do it.
Is there a ground on his action towards us?
Im an ordinary employee who is not earning that much. I even still paying for almost 4 years here in our Company the loan that Ive made to correct the genetic bone disorder of my child she had before, which is by the way he did not help me to raise the amount needed to finance the surgery and that amount is huge for me to settle alone. Im afraid that we can no longer have a way to contact him because right now he cut his phoneline, he ignores my email and I dont know where in Qatar he is working right now.
Hope you can help me to know my rights on this concern.
Thanks and hope to receive a feedback from you on my email address:
hi,
I just want ask what if the guy wants an annulment but his out of the country is there any chance to be annuled by his wife before and currently living in the Philippines now and how long it will take and how much the estimated expenses
Can I file a marriage separation to my wife for the reason I can not control her as a gambler. My house and lot was mortgage by my wife in a cost of million pesos without my knowledge and all my remittance to pay debt in the bank of our housing loan for more than a year to her was lost in a gambling which is called E-Bingo and other gambling like playing cards i.e.tong-its, etc.
Hello I want to file an annulment but I’m still here in UK.how can I do it?I have a partner here and I haven’t seen my husband for nearly 8years and no good relationship at all but my son is with me and we don’t need his support but what I want just tk get annulment.how much the cost all in total and how long it takes?thank you.
Hi m jithin i hav a girlfrnd in piliipines since 2012 nd we lik to gt marry bt d problem is she hav a family der husband nd 2kids we want to get the kids wit us bt she said divorse will nt gt in philipines easily so i lik to knw abt annulemnt in philipines and also which way we can get d kids wit us also please i form me abt this.. thnk u
hello i am rosalina.from Plilippines my husband is dutch national. we have 4 months old son born in Netherlander and dutch citizen also. we decide to separate and stop us relation.. my question is, where the custody us child? i life here in Philippines right now with my son