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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If court already favor for your annulment and you already have the papers but fail to register it to local registrar then to nso, does it mean that the marriage is still valid? And if he/she decided to get married again does he/she is liable for bigamous marriage?
Dear Sir,
I was legally married in the Philippines and sought a divorce from my spouse in US which was eventually granted. I was then civilly married with a lady American citizen. Can I be sued with bygamy by my wife whom I sought divorce with?
another query atty. can my husband who abandoned us file annulment against me even he is the offender party in our marriage? if he will file the petition, can i disagree and not sign any papers or document regarding annulment? we married here in the philippines, is it possible for him to marry again in vietnam where he is working? pls reply i really need your advice and clarification. thank you so much for help. GOD BLESS……
i need some advice..IM A divorcee in a foreign Land and it appears in NSO THE COUNTRY WE got married beforehand , till now i i dont have any contact with my ex wife thenmore than 5 years any adivse for me to get any remedy…
please help me to solve this problem.
thank you.
My fiance told me that he has filed an annulment last year against the wife without her knowledge and been granted. When the legal wife checked her marriage cert on NSO, their marriage has been nulled and void. Is that possible?we are planning to get marry this year…could he be accused of bigamy?
Hi atty,
My Ex-husband & i are separated for more than 15 years now, i have heard that my “husband” has filed for petition to correct his name for all his documents except our marriage contract & those that reflect on our childs birth certificate, he use “john doe” but now its only “doe” what are the effects of this? and what can be done to annull the marriage with our circumstances? we have separated 15yrs ago because he had another woman who later bore him 3 children & now has another woman again who is also expecting another child.
Dear Sir/Madam,
Good day!
The situation goes this way. Me & my husband were wed here in Brunei last March 8, 2010. I checked our marriage certificate in NSO Manila, its void & I have a copy of it. But before our wedding, my husband told me that he had a live in partner for 20 years in the Philippines & have 4 children but they are not legally married, their ages as of now are the eldest is 29, 2nd is 27, 3rd is 25 & the youngest is 23. They were given an allotment before by their father. And as of now, they ask for the allotment even they are already in legal age, does the father still give them the support? And for his ex partner, she wanted to have the financial support. Do, my husband will give them on what they want? or f the father will not give them, do they have the authority to report to the POEA? Please give me an advise.
Thank you…
Sincerely yours,
Che
Hi po.. ask ko lang po kung anung case po ba ang pwedi kong e file sa husband ko. Almost 6 years na po kming kasal pero 2 years lang po kmi nagsama. Hiniwalayan ko po sya dahil hindi ko na po kaya makisama sa mga parents nya and hindi ko na po sya mahal. On the first place,pinilit lang po kmi e kasal ng parents ko dahil nabuntis po ako. Ngayon gusto ko na po ma annul yung kasal namin. 2 years na po since naghiwalay kami. Wala pong suporta yung anak ko sa kanya. And ngayon po meron na po syang asawa at may isa na silang anak. Ano po bang case ang pwedi ko e file sa kanya para po ma annul na yung kasal namin? Thanks po
We should have divorce in the Philippines. That is the only solution to these problem.
My husband is US American . We married in Phillippines 2012. And he filed a divorced (because of other woman)
and approved 2014.
Now, my big Problem is how can I file my annulment alone here in Philippines? What is the used of being I am still married to him by Philippine Law???
He is now married in USA.
Please help me how to get annulment?