Judicial Recognition of a Foreign Divorce Decree

Divorce is not allowed in the Philippines and divorce secured anywhere by a Filipino is not recognized in this jurisdiction.We already have a number of discussions on this. In certain instances, however, a divorce validly secured abroad may be recognized here in the Philippines.

What are circumstances that would make Article (Family Code) applicable?

We have a basic discussion on Article 26 of the Family Code (see: Divorce and Annulment in the Philippines). Included in that discussion are the two elements that must be shown before the second paragraph of Article 26 is applied:

  • 1. There is a valid marriage that has been celebrated between a Filipino citizen and a foreigner; and
  • 2. A valid divorce is obtained abroad by the alien spouse capacitating him or her to remarry.

Is this provision applicable to former Filipinos?

Yes. A Filipino who loses his/her Philippine citizenship is treated as a foreigner-spouse for purposes of applying Article 26. [See Mixed marriages]

This law provides that the divorce must be secured by the foreigner-spouse. What if the foreigner-spouse continually maltreats the Filipino/Filipina spouse, isn’t it unfair that the Filipino/Filipina can’t initiate divorce?

Prior to the change in jurisprudence, the Filipino spouse cannot initiate the divorce proceedings even if he/she is maltreated by the alien spouse. notwithstanding the fact of being abused. It resulted to an unfair situation. [This reply has been updated in light of recent jurisprudence. See Mixed Marriages and Divorce: When One Spouse is a Foreigner, Divorce is Recognized even if Initiated by the Filipino Spouse]

If there’s already a divorce validly secured abroad (by the foreigner-spouse or the Filipino spouse who became a foreign citizen, losing his/her Filipino citizenship in the process), can the Filipino spouse immediately remarry?

No. The existence of a valid divorce decree does not automatically entitle the Filipino to remarry in the Philippines. The foreign divorce decree must be judicially recognized in the Philippines. This means that the proper action or petition must be filed in a Philippine court. For purposes of re-marriage, the divorce validly secured abroad is not automatically recognized here in the Philippines. [See: Process of Judicial Recognition of a Foreign Divorce Decree]

Isn’t it enough that I already forwarded the divorce decree to the Philippine Embassy (or the Department of Foreign Affairs) and the National Statistics Office (NSO)?

No. The foreign divorce decree must be recognized here in the Philippines — a process which can only be done through the courts.

Why should we waste money in filing a petition in court for the recognition of the divorce decree?

This is the requirement of law, unfortunately. The divorce decree must be proven, just like any fact, in court. The presentation of the divorce decree is insufficient. Proof of its authenticity and due execution must be presented. This necessarily entails proving the applicable laws of the jurisdiction where the foreigner-spouse is a national. One of the requirements under Article 26 is that the decree of divorce must be valid according to the national law of the foreigner. [See Process of Judicial Recognition of a Foreign Divorce Decree]

148 thoughts on “Judicial Recognition of a Foreign Divorce Decree

  1. alvincurren

    I’m an American. I married a filipina there in the R.P. and discovered she was defrauding me for money and a green card. I am in the process getting an anullment based on that fraud. But now I have met another filipina that I would like to marry.

    Does a foreigner need to have his marriage judicially recognized to remarry as well?

    Reply
    1. Atty.Fred Post author

      alvincurren, a non-Filipino’s capacity to marry is determined by his/her national law.

    2. Ann

      Does this also apply to the naturalized citizen who filed for the divorce? Let’s say if the naturalized citizen wanted to remarry in the Philippines..

    3. Louie

      This is the question that I think jutisprudence has not answered yet. Everyone seems to be quoting Philippines vs. Obrecido III –but that doctrine applies to a case whete a Filipino was dovirced by a foreign spouse. True the Filioino spouse needs to obtain a decree to validly remarry. The answer I too seek for is what happens if it’s the FORMER FILIPINO who became a foreign citizen, and sibsequently obtained a valid divorce–does he/she still need to file for petition for recognition of divorce if he/she, who is now a foreign national, seeks to marry a Filipino ?

    4. Joseph

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    5. Khey

      How is that if i married a american citezen, here in the philippines. After that he decided to go in america after a month he send a devored paper here in the philippines. Then i sign it and i send back to him. Is the devorced are valid?

    6. PO3 Radelyn

      gud pm sir..sana po mabigyang linaw nyo po ang dilemma ko..nag pakasal po kmi sa church ng ex husband ko nuong 2004 na me 5 yr old na baby boy..after nun bumalik na xa sa london bilang nurse (teacher po ako by that time) dun na din sana kmi titira wid my kid..pero nagdalawang-isip ako..hindi ko itinuloy…sa mindanao pa din ako tumira sa parents nya…nun malaman ko na nagsasama na cla ng british na katrabaho nya sa nursing home na me apat na anak na…umuwi ako sa amin sa romblon at nag apply sa pnp ngaun eh PO3 na ako..in SEPTember 2014..nagpadal xa ng divorce papers…sinagutan ko lahat yun since 2007 pa naman ako na alang allotement galing sa kanya..gusto ko na matapos ang kung ano meron kmi.hindi na po ako nag ask for guidance sa abogado..in OCT 2014 lumabas ang resulta ng pag file nya..officially divorced na daw kmi..kakatuwa pero nung mag tanopng ako about sa akin dito sacphilippines hindi rin pala honored dito..matagal na ata xang british citizen.38 yrs old na po ako ngaun..gusto ko na din magkaron ng pamilya na akin ngaun..bakit po feeling ako naloko pa din ako? di pa din ako pwedi magpakasal dito sa atin????pls help me.. what po gagawin ko para ma recognize dito ang result ng divorce..

  2. olin taha

    I have some observations about Article 26 of the Family Code. It says that it must be the foreigner spouse who obtains the divorce in order for the Filipina spouse to be capacitated to remarry here. But what if it’s the Filipina spouse who obtains the divorce because of physical violence or attempt against her life. Would she be incapacitated to remarry because Art. 26 is specific that it must be the foreigner spouse who obtains the divorce? Sounds unfair. Maybe this needs some curative legislation.

    Reply
    1. Atty.Fred Post author

      Olin, you are right, that scenario needs a curative legislation — whether Congress would pass such a law is an entirely different matter. One of the questions most likely to be raised is this: why not extend that right to a Filipino married to another Filipino? The opposition to that proposal is likely as intense as the opposition to the divorce bill.

    2. divorcelaw

      Hi atty. I am divorced to my husband and needs to get it recognized in the country…i would like to know where i can obtain a copy of the divorce law? He filed in TN. I have the decree but its different from the law itself. That’s the only requirement we need so we can push thru with it. Hoping for your reply. Thanks in advance.

  3. need_legal_ad

    I also have a concern on this thread.olin taha is right, what if someone has been maltreated(filipina) and she divorced her husband.what can she do to have the chance to remarry??

    Reply
  4. julieta

    (cont. of julieta)
    …in short po, wala po akong kinakasama until now, disgrasya po ang pangalawa…at ni kailan po di po nya nakita ang anak nya.. gusto ko po malaman kung paano mawalang bisa ang kasal ko sa kanya, ano po ba ang una kong gagawin? di ko po kasi magamit ang single name ko dahil nga po sice nag aral na mga anak ko kailangan na po nila ng mga identification ko im my married name,, so lahat po ng application gamit ko in my married name.. pls help me po. thnx

    Reply
    1. Atty.Fred Post author

      Julieta, the only way to dissolve a marriage is by filing the proper petition in court.

  5. julieta

    dear atty,
    im a single parent of my 2 kids, 14yrs old and 12 yrs old.pareho po silang lumaking walang ama,

    Reply
  6. julieta

    (cont…fr julieta)
    ..magkaiba po ang ama nila,, kasal po ako sa una, at dala dala po namin hanggang ngayon ang apelyido ng ama sa una kong anak,, ginamit ko rin po ang apelyido nya sa pangalawa kong anak kahit di sya ang ama nito, ang dahilan ko po dahil nga kasal ako sa una…anyway nakasal po ako yr 1995 at that time buntis po ako sa kanya ng 5months, actually po di po talaga kami magkasama, pinahanap lang po sya ng lolo ko, buntis na po me ng 5months at ayaw nyang maging illigitimate ang apo nya sa tuhod.. at that day din pagkausap sa kanya ng lolo ko agad kami pinakasal kinabukasan sa city hall, huwes lang po.. at nung araw din yun nagpaalam din ang ex-husband ko na kailangan nyang bumalik sa trabaho nya.. at mula nun hanggang ngaun di na po sya nagbalik,,bale 14yrs same age ng anak nya na anak kong panganay..

    Reply
  7. julieta

    (cont. of julieta)

    Sorry po sa issue of annulment pala dapat me magsend ng message,, paki forward nalang po,, tnx

    Reply
  8. pacman

    dear atty,
    in oct 2000, i was married in civil rights in the US to a filipina who was a naturalized US citizen before our marriage. in jan 2001, we got married in church here in the philippines. our marriage did not last long and she filed for divorce not long after. divorce was granted. she also filed for church annulment and recognition of foreign divorce. church annulment was granted both in the court of first instance and appelate court in 2005 and 2007 respectively. only the petition for recognition of foreign divorce is still pending. do i have to file a separate petition for the recognition of foreign divorce or do i just follow up on the petition which she already filed. she is not following it up anymore. after all, being a US citizen she is not bound by philippine laws and can actually marry again. article 26 applies to my case, right? what are your thoughts? thanks.

    Reply
    1. Atty.Fred Post author

      pacman, as a rule, the same matter cannot be pending in two courts at the same time.

  9. nins

    I’m here in canada for only 1 yr and married in the philippines for 7yrs but separated(not legal) for 5yrs. I want to file a divorce here in canada but i’m not planning to remarry for now(maybe for d future) is it possible?!!

    Reply
  10. ABG

    Hello Atty Fred. I am a foreigner and was married to a Filipina in Manila. The marriage was a hoax since I found out the only intent of the marriage was to “go to America”. The marriage was never consummated and the Filipina disappeared shortly after. I was granted a divorce in the US about a year after the disappearance. The divorce was correctly processed with attempted service in Manila (without success since she disappeared) and with publication both in Manila and the US. My question is, am I now free to remarry in the Philippines and the US? Do I have to file the US divorce decree in the Philippines? If so, where and how. Thanks, Atty

    Reply
    1. Atty.Fred Post author

      ABG, foreigners are governed by their national laws on marriage and divorce.

  11. jimmy

    hi! i am married here in manila, my wife migrated to US.Now she is American Citizen she filed a dissolution of marriage.Now i received the decision regarding the dissolution.Right now my wife already have her own family in US.My question is do i have to file an annulment here in manila for me to remarry again?

    Reply
  12. Shasha

    Hello Atty.,
    Good Day
    I was married of an American national here in the Philippines last September 2003, 3 days after our wedding he flew back to USA. April 2006 he visited me here in the Philippines for 20 days. Then July 2007 he filed a divorce in the USA and i received the final decree of my divorce last December 2007. I live here in the Philippines…. I never been to U.S.A.
    I want to use my single name back but in the final decree of my divorce it doesnt show that he put my single name back.
    And now my Final Divorce Decree is on the Philippine Consulate in America for Authentication they will send it back to me soon.

    I just want to ask you some questions:
    1.) Where to file my Final Divorce Decree Authenticated to be recognize here in the Philippines.
    2.) How long does it takes to process that, to get my singleness back?
    3.) How much does it cost?
    4.) Does my Mother can process that for me? Do i need to fix my signature on that? Because im planning to go out of the Philippines soon.
    5.) And after that what is the next step do i need to do?
    All my paperworks was changed into the surname of my ex-husband my passport, sss and voters id. I want to change that back to my single name please help me.
    6) After that can i remarry again?

    I BADLY NEEDED MY SINGLENESS. I want to void or null my marriage record at the NSO and to get my singlenessback.. I need my singleness..

    I hope you can help my problem.. Please help me out..

    Thank you in advance, more power..
    And may God bless you all.

    Sincerely yours,
    Shasha

    Reply
  13. MeAko

    Hi! A filipino couple used to be married. The husband went to the US and later on decided to file a divorce. The divorce was granted and he is now currently married to a different woman in the US. Since divorce is not recognized in the Philippines, what would be the status of the ex-wife? She still uses the exhusband last name. Should she still claim herself as single,married or separated?
    Thanks in advance

    Reply
  14. klaus.lund

    HI !
    One question ???

    I am that lucky to have a philippine girlfried (with philippine passport), we both live in Denmark and she is devorced from a danish man.
    They got married in the philippines, and they are divorced in denmark ( meaning that the danish man has a legal divorce, and are able to remarry ).
    What are the procedures, in order to get the divorce reconiced in Philippine, so thar she can optain a legal remarrying ( under the rules in EXECUTIVE ORDER NO. 209
    THE FAMILY CODE OF THE PHILIPPINES – Art. 26 and (as amended by E.O. No. 227, dated July 77, 1987)

    Klaus Lund

    Reply
  15. Bjar

    I am an American citizen who married a Filipina woman in Manila. We made the mistake of marrying too quickly. I now realize that my wife and I have different morals, ethics, values, and goals in life, and we are incompatible with each other. I would like to file for divorce in the USA. If the Philippine court system grants us a judicial recognition of foreign divorce decree, will each of us then be free to remarry another person in the Philippines, or do we also need to file an annulment in order to remarry?

    Reply
  16. lester

    What if I am a man and secure a full divorce here in Canada on my cheater ex wife.Can I get remarried in the Philippines again with out going through the courts there ???

    Reply
  17. disa

    hi, I just want to know that as a British woman if I divorce my Filipino husband for infidelity what rights do I still have here? Do I loose my residency? No kids. Thanks. Disa

    Reply
  18. alexander6629

    Hi. I am a british citizen from birth who met and married a filipina girl in a church wedding in philippines in 2003.she came to live in england and unfortunately i filled for divorce due to unreasonable behavior last year 1 month after she received british citizenship.i have met another girl and would like to marry again in philippines but need to have my divorce recognised in philippines. who do i go to in the uk to sort this?

    Reply
  19. Unnah

    Hello Atty…

    I was married of an Indonesian here in Japan on May 16, 2005…
    Then Sept. 6 this year he filed a divorce here in Japan…

    I want to void or null my marriage record at the NSO and to get my singleness back..
    How is the process here in the Philppines?

    I hope You can help me…

    Thank You Very Much.

    My email address sergio_paolo28@yahoo.com

    Reply
  20. Delmitch

    Hi Atty.
    I am a Malaysian citizen from birth who met and married a Filipina girl in a church wedding in Philippines. She came to live with me in Malaysia, unfortunately I filed for divorce due to her infidelity last 2009. I have my divorce decree. I went to the Philippine Embassy as well together with my ex-wife and we have a few questions from the Embassy regarding the divorce and I tell the reasons behind it and with the confirmation from my ex-wife.
    I have met another girl and would like to marry again in Philippines. Can I get married in Philippines any time? Is my divorce recognized in Philippines since I go through in Philippine Embassy here as well? If not, who do i go to in Malaysia to sort this?
    Please help me ASAP. Your respond is HIGHLY appreciated. Thank you so much.

    Reply
  21. Delmitch

    Hi Atty.
    Sorry about my questions on the first message that i sent out. I understand now, but i have a few questions.
    Can I file a petition for the recognition of my divorce decree here in Malaysia so I can marry again in Philippines? Please respond to my query. Thank you so much.

    Reply
  22. nogginz

    HARLEY SAYSON CAJOTE

    what if=> we file annulment with my wife, she is now in NEW YORK base.. but she is now have A green card/resident certificate.. is she still live in the US even we have legal separation and with out my family name…

    IS IT CONSIDERING HER MAIDEN NAME WHICH NOT CAJOTE SHE USED registered in the LAW OF IMIGRATION….

    my bisa ba ang kanyang pangalan sa dalaga pa sya SHEILA P. GINGOYON.. at hindi na apelyido ko… mananatili ba sya doon..

    thank you very much sir…

    Reply
  23. honeylove

    Good Evening!

    Dear Atty.

    I am married to a Japanese last 2009 in caloocan city. Pagkatapos namin kinasal umuwi siya sa Japan. hindi na ako nakasunod sa kanya dahil hindi lumabas ang visa ko, hanggang umabot ng dalawang taon dinidivorce na niya ako. may natanggap na akong divorce report ngayun translated by: Provider Travel Corporation.
    anu ang gagawin ko gusto ko sana magpakasal ngayun ng filipino
    Atty. please advise me. Thank you so much!

    Reply
  24. june_reyes

    atty,
    i am a permanent resident, and will soon be granted citizenship abroad. me and my foreigner husband got married in philippines and came back abroad. my problem is, he is verbally abusive towards me. i find it is more damaging than being physically beat/abused. we have one daughter who still carries my last name, as we didnt get married until after i had my daughter. i was of legal age when i got married. both me and my husband are sane. im working full time, he doesnt have a job. ive read your columns on annulment,but none of it would apply to me. i want to be free from my husband, and be free to marry again in the future if given a good man. is there any hope for me at all? how unfortunate to think i married a good man, only to find out later i’d be badly abused..

    Reply
  25. olang

    attny,

    itatanong ko lang po sa inyo ang aking promblema.
    tungkol po ito s fiance ko,divorce po clang asaw nya sa canada
    at wala po clang anak.cla ay nsa canada,peru di pa
    sila annuled sa pinas kng saan po cla kinasal.
    at napagdesisyunan namin ng fiance ko na magpakasal dto sa hongkong
    at ready na po ang lahat dito.wala po bng magiging epekto nito
    sa pagaaply nya ng citizeship sa canada ang pgpapakasal po namin
    dito.at nd po b magkakaroon ng prblema sa pagpapa annul nya sa
    pinas kng sakali po.
    single po,at yn po ang gumugulo sa isip ko,gsto kong maliwanag po
    ang lahat bgo kmi magpakasal dto.

    maraming salamat po,pakisend nalang po sa email ko ang sagot nyo.
    thanks.

    Reply
  26. cmpeagar

    Hi atty,
    Good day to you.

    I am a filipina married now to american for almost 1 year,
    i want to ask something and pls help me.

    my husband is married before to a filipina also.

    here is the situation:

    the filipina is naturalize US citizen now,
    She is the one who filled the uncontested divorce.
    and they are before we got married…
    we plan to file an annulment.
    But the lawyer said not need annulment its just recognition of the divorce. and without the sign of x filipina the marriage are voided now…

    my question is…
    did we process it legal way?
    and is there a reference or bases of that kind of process?
    thank you

    Reply
  27. Garth

    What are the requirements for Recognition Of Foreign Document ( DIVORCE )here in Philippines that I should get before going to a Lwyer?..

    Reply
    1. Olive

      Hi garth,
      We have the same issue here.. I also need the requirement how to file recognition of foreign divorce here in the philippines.. Please advice..
      Thank you so much

  28. Nicole

    Good Day! I have a friend whose parents were married here in the Philippines. But, his father had asked his mother to sign divorce papers and filed it in the US. Now, his father is married in the US with a Filipino as well. So, is the divorce filed by my friend’s father in the US recognized here in the Philippines?

    Reply
  29. Maya

    Atty kasal po ako sa isang Japanese national dito sa Japan 6years ago pero di din Kami nagtagal at nag divorced agad now may mgakakababy n kami ng Japanese partner ko now at gusto sana namin magpakasal pero pag kukuha ako ng singleness sa pinas married pa din ang nakalagay na sayang nagiging conflict sa pagpapakasal namin.ano po dapat kong Gawin?

    Reply
  30. joel

    hi there! i have a christian friend married in christian wedding and got separated, then the husband converted to muslim and file a divorce under the muslim law in the phils, in short they were divorce in muslim law (PD 1083), the NSO/LCRO recognized the Shari’ah Court decision of divorce and annotation appear to their marriage certificate from NSO. the question is, IS THE GUY BECAME SINGLE APPEAR TO HIS CENOMAR? and IS THE GUY CAN RE-MARRY TO A CHRISTIAN WOMAN AGAIN? pls help advise sir/ma’am..thank you very much.

    Reply
  31. Joy

    Do you know where i can get the Specific provision of Law statating that my divorce in the US was acknowledge and that both parties can re-marry.? please help thank you

    Reply
  32. juliet

    gusto ko pong malamn kong may bisa pa po ba ang divorce ng mga muslim kasi doon po ako nag file ng
    divorce at hanggang ngayon ay hindi pa rin na approve sa NSO ,pabalik balik lang ang aking papel, ako po ay ikinasal sa aking unang asawa sa civil rights

    Reply
  33. rhea

    hi atty fred,
    i am married to a japanese in 2005 and got separated that same year. i then had live in partner and had 2 kids with him. they are using their biological father’s surname. is it right? i havent heard anything from my ex husband since then, i sent him letters tho. what should i do to end my marriage with him? he is not replying to any of my letters. thank you.

    Reply
  34. terence m. katoh

    i am a filipina at japanese citizen po ang xhusband ko at 5yrs. na po kaming ng divorce…pwde po ba akong mgfile ng petition? ksi wala na pi kming contact ng xhusband ko at ang huling pag-uusap nmin ay nasabi nya na di nxa mkikialam sa annulment o khit na anong my kinalaman sa pgppwlang bisa ng kasal namin d2 sa pinas…

    Reply
  35. Joyce

    Dear Atty,

    I am a filipina. I was married to a singaporean in the philippines also in singapore. Last 2013 he filed a divorce. Now im married to a filipino here in singapore. We have a registy of marriage. How can we nulify our marraige certificate with my previous foreign husband. So i can re marry in the philippines?

    Reply
    1. Olive

      Hi joyce and atty.
      Regarding of your question we have the same issue. Im a filipina and i was married with a singaporean..our married is been declared in singapore embassy..by then i was divorce with him for almost 8 years and did know his whereabouts now.. My problem is im still using his family name until now and i wanted to get back my singleness status.. Do u know how? Do u have any idea? Can i share it to me?
      The reason why i want to get back my singleness is because i am already remarry to a perfect man and we have 1 baby girl now.. I cant able to used his family name because of the issue of my X HUSBAND..

      Your reply is much appreciated.. Thank u

  36. Lyn

    Hello. Regarding the procedure of Recognition of foreign divorce,magkano po ang mag file sa court? Will it take long?

    Reply
  37. emerald

    Hi atty. Fred, its my first to see this forum , i was searching online for the answer of my situation and i saw this thread thought i might get some advise too…
    I’d like to ask some advise , im a filipina and currently living in japan for 7yrs already and now i got divorced to my japanese husband , i went through the japan family court and our divorced was granted ,

    so now i have a new canadian citizen boyfriend he is living in winnipeg canada , and he wants to marry me but the thing is i still didn’t applied to get a recognition of divorced, and the questions that runs in my mind are ,
    Can i marry him there in canada even though i didn’t get my recognition of divorced?
    Can i marry him and process the recognition of divorced later on?
    Assuming If we got married there under canadian law and i didn’t get or process the recognition of divorced , what are the posibility of getting any problems on my part in the future?

    I hope you can advise and help me
    Thankyou

    Reply
  38. alex

    hi attorney. gusto ko lang po mgtanong tungkol sa fiance ko .. kung pwede na po qame mgpakasal ng d kailangan ng petition decree.. divorce na po sila sa japan ng date nyang asawa pero dto sila kinasal.. ok lang po ba un ..

    Reply
  39. Pieter

    My name is Pieter van Berkel
    Citizenship Dutch
    62 years
    Living in the Philippines
    Divorced in the Netherlands since Feb 20 2015
    The ex spouse is a born Filipina with Filipino Passport but has also a Dutch passport
    Divorce paper authenticated by the Philippine Embassy in Netherlands

    The ex spouse did not cooperate I had to file for divorce one sided.

    Because of my marriage with her I am registered in the NSO as married and wish to have this amended.

    The question is: who shall file for acknowledgement of foreign divorce. Me being a foreigner or the ex Filipina spouse?

    I am confused because some lawyers told me that I cannot file in RTC for recognition of my divorce. Hence it is the ex Filipina spouse who should do this.
    Another lawyers told me that I can file and some told me that I do not need to file.
    This is rather confusing.

    Those who told me that I do not need to file added, that I am free and capacitated to marry again in the Philippines based on my proof of singlehood obtained in the Netherlands.
    even I am registered married in NSO because of my previous marriage
    and
    even the ex spouse would not file for recognition.

    I am living here on a tourist visa and am therefore under Philippine jurisdiction.

    I would appreciate if you are willing to answer as I would like to be in compliance with the applicable Law of the Philippines.

    Reply
  40. Teodoro

    Atty. I was married in the Philippines year 1986. Few days after I returned to Germany where I was assigned as a soldier in the United States Army. Since that time I did not have a cohabitation with my wife and finally I filed a divorce and was granted year 2014. During that time I’m already a naturalized citizen in the United States. Few years past my ex wife managed to get married to another U S citizen. Since I retired military I settled down in Philippines and I meet a nice lady and became the mother of my 11 months old son. I went to the U S Embassy to get an affidavit in Lieu of Free to Marry certificate. I brought that to the local registrar and requested a marriage license. The clerk told me that I still have a valid marriage certificate existing at NSO. My ex wife now is married and living in the US with her current husband. My question is how come she was successful in securing marriage certificate and I could not. What is the legal way for me to clear my name and having my marriage taken off from NSO record?
    Thank you very much.

    Reply
  41. Miriam

    dear atty. dalawang beses na po akong na divorce sa hapon at nakasal po ako ulit sa pilipino ngunit kasal po pala ung pilipino sa iba pano ko po mapapawalng visa ang kasal namin at gusto ko pong pa judicial recognetion of divorce ung divorce ko sa hapon mgkano po ba ung msgagastos at gano po ba kstagal ang proseso sana matulungan po ninyo ako salamat po

    Reply
  42. Nelia

    Dear Atty. Fred,
    I had this problem with the Philippine Consulate General based in Osaka of whom I had a renewal of Passport since April and to change my surname . I bring my authenticated red ribbon Marriage Certificate to them at first they don`t have any complain.
    Since that time I was waiting for my passport and hoping to receive it duly but , when I was about to ask if it is available they said , it`s pending and I don`t get the main reason why.
    I was married before to a Japanese spouse and He divorced me here in Japan and get married once more to another nationality. Eventually along his new marriage He passed away and , that was the time I get back to Japan with my kid and stay here for more than 13 years.
    But 3 years go I get married and secure His family registration in Japan ( my former husband ) stating that He was deceased for long time. And I get married in another country for I know I am free enough to declare my singleness without the any certification from Statistics office of the Philippines.
    So, please give me an accurate advice with regards to this sensitive issues……, they are bugging me too much,

    Thanks
    Nelia Padilla

    Reply
  43. gary

    Hi. I am a foreigner who married a Filipina on the Philippines who now lives in England. we divorced about 5 years ago and I was the 1 who filed for divorce. I have now met another Filipina who I would like to marry but I need my name removed from the NSO register as my last marriage was registered there. Is the only way for me to file for a recognition of a foreign divorce or is there another way as I am a foreigner. I know I am free to marry again outside the Philippines. Thanks gary

    Reply
  44. Leo

    Good Day Atty Fred,

    I have some questions about the Ricognition of Foreign Divorce of Japan in Philippine Law.

    I am Filipino, Male, 30 yrs old. I work as a trainee(ojt) in Japan for 3 yrs. I met a Filipino woman who is divorced to her Japanese Spouse. We live together there for a year and that time with our intense love we we were given a daughter. kaso nga lang dito nya pinanganak yung Child namin sa pinas Dahil end of contract na ung Trainning ko doon sa Japan, at maiiwan na sya na mag-isa doon na manganganak, kaya we decided na dito nalang sya Pinas maganak dahil nasa Pians na rin ako…
    4 years na kami mgka live in including ung first year sa Japan.
    kaso nasa Japan xa now at dito ko sa Family nya sa Pinas nag iistay, kasama ung child namin,
    more than a year na kami planiing mag file ng Recogntion sa court ng Divorce nya sa Japan, para maging tunay na kaming married. but becoz of financial insufficiency at di kami mkapag start mag file…

    ung questions ko po kung magkano po ba aabutin ga expenses sa ganitong Case, at pano namin sisimulan ito khit insufficient pa yung funds namin. at anu po yung mga magiging required documents…

    thank you very much po….

    Reply
  45. freedom

    Hi atty.

    I have a friend who just got divorced abroadu from her foreigner husband.. Do offer services to have the divorce recognised in the PH? How long dies it take? And the cost?

    Thanks

    Reply
  46. Zane

    Atty fred,
    Legally married po ako for 7 years pero pareho po kaming OFW. Since we got married mahaba na po ang 2 months na nagsama kami. Plano ko po sanang ipaannual ang marriage namin pero kasalukuyan po akong nasa US at ang asawa ko nasa pilipinas sa ngayon. Possible po ba ako na makapag file ng annualment kahit wala ang presence ko sa pilipinas?

    Looking forward for your advice Sir…. thanks.

    Reply
  47. Gianna

    Dear Atty,

    What if a nz resident filed a divorce in NZ to dissolve his marriage to his filipina wife. After he got divorce he became a citizen of NZ. He wants to remarry another filipina in the philippines. Does he still needs to have the divorce decree recognized by philippine court or will the situation change because he is already a citizen, even if the divorce was granted when he was still a resident in nz?

    Reply
  48. Sam

    Im a filipino and I was married to a filipina naturalized Netherlands.. We got married at the Philippine embassy at the Netherlands.. I went back home 2005 here and never returned to Netherlands due to unfortunate reason.. She filed divorce 2006.. From that year on we do not have any means of communication up until now..

    I want to know if our marriage are null because of the fact that we no longer communicate and she filed for divorce that was 9 years past?????

    Reply
  49. FAL

    Dear atty fred,

    My fiancée is a filipina and recently divorced in Japan and she is a permanent resident in japan. I am a US citizen and would like to marry here in the US civil court. she holds a valid philippine passport
    Does she needs a “recognition of divorce” to re-marry in the US.

    Or marry now and get the recognition later after we are married. Its a matter of time and money.

    Sincerely,
    frank

    Reply
  50. she

    i am married now with my japanese husband he was legally divorce in japan,is there any problem when my husband has two filipina ex wife that until now did not recognized they’re divorced here in phillipines? its there any a chance that will affects my marriage to him?

    Reply
  51. Jhane

    Hello Atty. Fred. I am married to a Japanese national year 2009 on the 19th of May. After we got married he went back to his country. We did not living together as husband and wife since the marriage celebrated and I did not went to Japan as well. Later on he sent me divorce application to be fill up with me, so I did and sent it back to him. But he did not send me the divorce decree and he disappeared, until now can’t contact him. What should I do Atty.? Pls help. Thank u and God bless.

    Reply
  52. Quennie

    Hi I am a Filipina. I was married in Oman to a Jordanian national . The marriage was Muslim style and later on approved by the ministries here. I filled a report of marriage to the Philippine Embassy later on. Then we got divorced , got the official divorce paper signed by him and again approved from ministries and other legals involved. How can I void my marriage in Philippines since I am already registered because I submitted report of marriage. What are the process that needs to be done in order for me to remarry again in legal way. Please help.

    Thanks

    Reply
  53. Myra

    Hello attry.Fred
    I am a filipina I merried a Vietnamese now we are divorce . If I want to get married again there will be a problme thanks

    Reply
  54. Rosa

    Hello,atty.Fred..im a Filipina,got married to a Japanese national and eventually got divorced in 2011. I never got the chance to apply for the recognition of the divorce in the Philippines. This year,January,my ex husband died. Should i still need to apply for the recognition if i would choose to remarry a Japanese national again? If yes,does the death makes the marriage recorded in the Philippines null and void? What should i do? Please help.Thank you so much.

    Reply
  55. Zunita

    Dear Atty. Fred,
    I am a filipina was married to a chinese nationality here in hong kong. Ako po nagfile sa family court dito sa hkg kasi po nagpakasal na sila dito sa hkg city hall ng 2nd wife nya po noong April 2013 noong narelease na po ang legal divorce papers namin last October 2012 and decree nissi totally dissolve at may red ribbon na rin from philconsulate hkg at na apostle service na rin po dito sa hkg higher court so its all done here in hkg. Therefore saan ko po efile ang ito sa pilipinas LCR Manila, or DFA or.NSO po.

    Reply
  56. JR

    I was married to an American Citizen (naturalized) last 2007 here in Manila, Philippines. Unfortunately, our marriage did not last long and she filed for a divorce in the US on 2010. She sent me all of the documents of our divorce so that I may be able to file it here, and be able to “re-marry” when the time comes. I have a son now with my girlfriend and I really want to marry her.

    – Is it possible that I marry my girlfriend? It’s been a while now. I think my ex-wife is already married in the US.
    – What are the steps that I need to take? I once met a lawyer, she told me that I still need to file an annulment. What about Article 26? Is that inapplicable to me?

    Thank you so much. God bless us all.

    Reply
  57. Violet

    I got married in the Philippines. My husband is a Filipino too. We moved to another country and became citizen there. Can I still file an annulment here in the Philippines?

    Reply
  58. marjean

    I am a filipina and I was married and divorced in europe . Can i file a petition to recognize my foreign divorce in the philippines? I was the one who filed the divorce due to domestic violence. Do you think the petition will be granted? Please reply. Thank you so much

    Reply
  59. marjean

    Dear Atty. Fred,
    I am a Filipina and I was married and divorced in europe . Can i file a petition to recognize my foreign divorce in the Philippines? I was the one who filed the divorce due to domestic violence. Do you think the petition will be granted? Please reply. Thank you so much.
    Marjean.

    Reply
  60. pablo k.

    If we are both citizens of the US, got married and divorced in the US(1989), do I still have to file a recognition of the divorce here in the Philippines? I married a Filipina and through the licensing procedure through our local municipalities they put “single ” on my civil status because my CENOMAR obtained here indicated that I never been married in the Philippines, I have obtained a valid approved immigrant for my wife through the US Embassy, now this counselor from the Commission on foreign Filipino is telling me to get another marriage certificate from PSA indicating I am divorced, I asked him it he was a legal counselor or any kind of lawyer(he said NO and keeps telling my wife he won’t issue the required certificate unless we get another marriage certificate with what he wants on it?????? I have asked several legal and all have a unanimous answer NO I am right, if I am absolutely right I like to sue this counselor, so other poor OFW who have sold everything to work overseas do not have to go through this. we are suppose to leave on`13 April and my wife’s visa expires 10 May. I really hate people like this given a little power and they think they are God. I do not mind spending money to get assholes like this out of government service for the sake of our modern heroes who are treated like second class citizen.

    Reply
  61. STEPHEN

    I’m a UK citizen and I’ve recently divorced my UK wife in the UK courts. I’m wishing to go to Philippines as a visitor and marry a single Filipina woman there. Could you tell me whether or not Philippine law allows me to do this.

    Reply
  62. Megan

    Good day Atty. I would like to ask regarding the processing of divorce. If my spouse file for a divorce in their country do I still need to file for annulment here in the Philippines in order for our marriage to be void?

    Reply
  63. Joy

    hi may I know how to get the “spicific provision of law that both parties can remarry”?
    I have my authenticated copy of divorce decree on Hand, the court in the philippines need the “spicific provision of law that both parties can remarry” I dont know how to get it. Is it stated in the hand book law of washington state when my ex husband initiated the divorced? please help me.

    Joy Adamas dela roca

    Reply
  64. Mari

    I was married in the Philippines when I went there on 2001 by a judge , I went back right away to the United States and we never live as a married couple, it’s been 7 years and I want To file. Divorce here and send it to him in the Philippines , would it be granted ?? Please help.

    Reply
  65. Dee

    Dear Atty.,

    My European husband filed a divorce.

    Do i have to forward the divorce decree to the Philippine Embassy (or the Department of Foreign Affairs) and the National Statistics Office (NSO) right after the divorce?

    Can i file a petition in court for the recognition of the divorce decree without needing to fly to Philippines? Do i have to file it right away after the divorce or can this wait?

    How long may the petition take?

    How much will it cost me? I hope you will answer my questions. Thank you!

    Reply
  66. florami

    Dear Atty. Fred,
    I have a foreigner boyfriend who had been married with a Filipina 5 years ago but sad to say that they broke-up…so my boyfriend filed a divorce in his country of origin and he already have that now…what shall we do so that the records in NSO will be void? and so that he can marry again here in Philippines.

    Reply
  67. James

    My fiancé was married in the Philippines to a Japanese man, they divorced in Japan. I am a us citizen and we both live in Japan, we would like to get married, what does she need to do to have her divorce recognized in Philippines so she can get her certificate of being single? Thank you

    Reply
    1. James

      Also, how much will it cost and can she file from Japan ao she don’t have to fly there. How long does the process take. Thank you very much

  68. Grace

    I got married to a naturalized US citizen but the marriage didn’t last long. He filed for divorce but he never gave me a copy of the divorce decree. I am still using his last name until now because he won’t give the paper I need to change it back to my maiden name. I found out a few months ago that he got married again. My question is how was he able to get married when there is still a record of our marriage in NSO? Is there a possibility that his second marriage is null and void? Someone close to him told me that he was able to get a cenomar. His last name is written usually two separate words I am thinking maybe he wrote his last name just one word maybe that’s how he got a copy of his Cenomar. We’ve been separated 10 years. Can I still file a case against him?

    Reply
  69. Norman

    My wife was married in the Philippines the former husband was an American she was not married in a church there in Philippines the man divorced her in America my wife and i have been married for 12years now what ‘ is the easy way to null her marriage there before

    Reply
  70. Jobeth

    Hello po Atty.
    I was married to an Indian guy in Delhi.Were been living together for 5 years then after few years of our marriage relationship was not been sucessful to stay together.So since 2009 until now 2016 were separated.My problems is i want to file a devorce and for the child custody for my son here in phils.But we got married in India by Hindu Marriage Laws.Atty.Is it valid my marriage here in phils even i have NO marriage record (CENOMAR) here in NSO?? Where is applicable to file my marriage devorce case to get granted fr remarry again? Philippines Civil Law can be obtain a foreigner marriage abroad by HINDU Marriage Act Laws 1955?? Also my cocerned my son’s naturized born here in Philippines and got petition him to changed his Filipino Citizen..That his father abandoned my son for 6 years and 10 months from now.Who have a rights custody for my son? The mother who take cares of the sons without support for his father or The father abandoned him for 6 years without seeing him and support?? What are the first step to getting petition for my son’s custody here in Philippines? Please advice me what to do Attorney..Im afraid to loosing my son custody..Thank you very for reading my long messages..Have a nice day and God bless you!!

    Reply
  71. bella

    atty.fred
    im married to my husband for almost 3 years now and we have baby together .now he back to his country now and i haven’t hear anything from him what i need to do so i can file a annulment or he can divorce me so if i can remarry again

    Reply
  72. MFP

    Hi Atty.
    Im married to a korean man and i divorce him.i have the divorce paper.how can i apply my divorce paper here in the Philippines?please help me.
    Thank you so much.

    Reply
    1. Rowena

      Hi mam. Can i ask how did you get you divorce paper? Have you gone to korea to get it or just request it to korean court?

  73. Rowena

    Good day Atty;
    I am a filipina who was married to a korean national here in philippines, we live together for two weeks and he went back to korea , i send there my marriage license copy so that he can register our marriage there. So he got a married status in korea. It happen that we had an argumemt through online and never come back again, we lost communication and some of my friends in korea told me that my husband had filed a divorce in the court.
    If that happen to be approved and i get the divorce paper from korea, can i apply for judicial recognition of divorce paper in court here in philippines,so that i can marry again?
    How or what would be the prove of its authentacation?
    God Bless and More Power

    Reply
  74. Troll

    Atty.Fred
    I am a foreigner (USA), was married in Quezon City in 2006. I am filing for Divorce here in the Marshal Islands (I am a Contractor working overseas). I just want to know since the divorce is not in my native country, is there going to be a problem. Also, want to make sure I will be free to marry in the Philippines after my Divorce in the Marshal Islands is finished.

    Reply
  75. arlene

    HELLO Atty. Fred,

    my ex spouse who is a german national file a divorce in germany and been granted. i was wondering how the divorce can be recognized here in philippines since even the trial time i told them that was not the fair trial for me and only good for him since he is a german national and we enter the marriage was here in philippines way back 2004 and since 2008 till present we dont have any contact to each other.
    and another thing the lawyer i seek help in germany was running after me and giving me threat to file a case against me for fraud since even before i told him i want to seek legal aid which he did not do at all because he said the one i fill up was non sense but when im the one who file it for legal aid been granted and it did not cover his bill. is it possible he can file a case here in philippines against me? and if he do so what can i do to protect myself ? hope to hear from you soon.

    thanks and god bless
    arlene

    Reply
  76. Apple

    Hi Atty,

    I was married here in PH for almost 6 years now. My filipino husband is currently in Hawaii and filed for a divorce although he is not yet a citizen and they grant it. How can I use it in court to sever our marriage.

    thanks,

    Apple

    Reply
  77. Len

    Hi atty, My petition for recognition of foreign divorce decree is on-going for almost 2 years na, I have presented all the divorce documents na pinadala sa aking ng ex-husband ko, i-followed all the process and publications and everything, pero ang hinihingi sa akin ng Phil court ay ipa-certify ko pa sa U.S. court lahat ng documents na na-file ko. I Have to admit some of the documents were photocopies dahil yung original nakafile sa California county, pero yung Entry of Judgement from their court ay original ang sinubmit ko. It’s difficult for me to secure yung requirements nila dahil nasa U.S. yun and wala naman akong pwedeng mahingan ng tulong to get those certified. What other options do I have if in case hindi ko ma-comply lahat ng gusto ng RTC? Does this mean na madi-dismiss ang case ko?

    Reply
  78. Len

    Sorry, atty to add to my previous post. My attorney also told me that the US Embassy here cannot certify my documents. Is there anything that we can request from the US Embassy to help substantiate my divorce papers? I was told by my attorney that my case would normally take only 10 months to process, kasi wala kaming anak or property ng ex-husband ko, and as far as I know me family na syang iba. I want to restore my single status para naman magamit ko yung mga benefits ko and at the same time remarry. Hope you can help me. Thank you

    Reply
  79. marites

    Hello i was married in the Philippines to a japanese man year 2002.we divorced yr 2007.now could i use my divorced paper that i got in japan and it translated in japan embassy for applying fiancee visa in the USA.or i need to recognized my divorced here in the philippines before im applying my fiancee visa thanks

    Reply
  80. CLyn

    Marriage between a Filipina and a U.S. citizen took place in the Philippines. However, when marriage happens, the U.S. citizen’s previous marriage was not yet final in the Unites States. Under Philippine law, was their marriage void? Can you site a particular article on the Family Code of the Philippine that say so?

    Thanks a lot for your prompt response.

    Reply
  81. andy

    Atty. Fred, need your advise. My Canadian fiance was divorced twice in Canada. His first marriage (as it was officiated here when he was still a Fil citizen) was filed for Judicial Recognition of Foreign Divorce here in the PH. We want to get married here in PH in October, do we need to have the second divorce filed for Recognition of Foreign Divorce here in PH as well. It was a marriage in Canada when he was already a citizen there.

    Reply
  82. enalyn

    hi po, about sa apply kong recognition of divorce to a foreign spouse. mag 2 years na po ang waiting ko nkapag down payment na po ako ng 150k at may balance pa na 50k until now wala pa din daw po nsa census na daw po at waiting ng verification tumagal daw po kasi nilipat ng court full out daw po sa bulacan at nilipat sa san juan tapos na daw po ang decision na endorsed sa census at waiting na ng result . ang tanong ko po paano po ba malaman kung totoo or na fake ako? sana po mapansin nyo ang letter ko salamat po

    Reply
  83. jho

    may question po ako.. may anak po ako sa american father.. 7 years old na po ung bata.. nirecognized po nya ung bata sa birth certificate.. sabi nya sa kin divorced na raw po cila nung filipina wife nya sa u.s…but im not sure… kasi hanggang ngaun wala naman xa binabanggit kung may balak b nya akong pakasalan.. mahal na maha ko po xa kaya nagtiis ng walong taon…. i devoted myself to him and to our son… tapo nalaman ko nalang po na may iba pala xang babae pinagsabay sabay nya po kami. masaklap paiba iba babae nya. mula po pregnancy ko hanggang ngaun 10k lang po ung binibigay nyang support.. pinapadagdagan ko at kailangan sa pagpapatherapy ng anak ko pero ayaw po nyang magbigay ng dagda. basta nakafix na sa 10 tapos nalaman ko na nagbibigay pla xa ng support sa mga babae nya.. may rights po ba ako magdemand ng dagdag support sa bata? para naman po sa needs ng bata gagamitin. anu po pwede ko gawin pag nagrefuse xa?

    Reply
  84. jho

    may tanong pa po ako… nung nagdivorced daw po ung american husband at filipina wife sa u.s nung 2012 sabi daw po nung girl na pag nalaman nyang ibang babae ang dahilan ng pag divorced nila kakasuhan daw nya ung american guy ng adultery dito sa pilipinas at pwede nya makuha lahat ng ari arian nung lalaki, pwede po b un e divorced na po cila ngaun?

    Reply
  85. maricris

    attrny im divorce na already dito sa japan pero sa pilipinas di pa ako single pano po ang dapat kong gawin? bakit po hindi ako pwed masingle sa pilipinas kong dito nga sa japan single na ako bakit po ganun pwed ko naman po pakita ang certificare of divorce ko..yung dati ko pong asawa single okay na papel nya pero ako till now apelyido pa rin nya gamit ko po?ang hirap po sa katulad kong divorce na nga po dito tapos gamit gamit ko pa apelyido ng dati kong asawa help me po attrny.. maraming salamat po

    Reply
  86. ADELLE

    HELLO PO,

    ASK KO LANG PO.
    MAY KAIBIGAN PO AKONG KASAL PO NG ISANG KOREAN BEFORE DITO PINAS TAPOS PUMUNTA NA SILA DITO NG KOREA. AFTER 9 YEARS MORE SA KANILANG PAGSASAMA AY HINIWALAYAN PO SIYA THRU COURT AT DIVORCE NA PO SILA NGAYON. AT CITIZEN NA RIN PO.ANG TANONG KO PO, PWEDE NA PO BA SIYANG MAG-ASAWA RITO SA KOREA? PAANO PO ANG STATUS NG KASAL NIYA SA PINAS?

    Reply
  87. angel

    hi atty. my divorce paper po akong hawak .married po ako sa korean 2010 at nag divorced po kami 2011 sa korea ano po gagawin ko para maging single po ako ulit at ano po gagawin ko po sa divorced paper na hawak ko ngayon ? pero naka korean po xa nd po nka english . Thanks po

    Reply
  88. melanie

    Hello po Atty.! Magandang Buhay!
    Tanong lang po. My bestfriend girl had a relation to a man who was married by civil. matagal na nagkahiwalay ang kanyang nobyo sa kanyang asawa na mga pitong taon na po. Nasa visayas ang asawa ng kanyang nobyo at ang nobyo nya ay nasa mindanao. Ano po ba kailangan o dapat gawin, dahil po gusto nila makasal at magsama. Pwede po ba na makasal sila kahit kasal na sa civil ang kanyang nobyo noong 2004? Di po ako makasagot sa tanong ng besty ko kaya po ako na lang nagtanong dito.

    Reply
  89. kris

    ATTY. are foreigners allowed to file a case for ‘RECOGNITION OF FOREIGN DIVORCE” anywhere in PHILS.?as he was previously married to a Filipina there in PASAY CITY and then they got divorce in CANADA.We been consulting many lawyers already and they have different opinion about it and its puzzles as a lot we don’t want to waste our time and money and just in ended up dismiss by the court here.
    Please help us to light up what we should do and what are the documents needed in filing the case,we already authenticated his documents in his embassy as well as in dfa infact we already filed it in manila[civil registrar office]….thank you in advance….

    Reply
  90. Andre

    What if both the filipino spouse and alien wife jointly filed for a divorce.. can the filipino have it recognized here

    Reply
  91. Vincent

    Atty. Fred,

    Ask ko lang po, kung nagfile po ng Petition under Rule 108 and in the proceedings dun po ipaparecognize yung decree of divorce, tulad po ng sinabi sa Corpuz v. Sto. Tomas case, san po ang venue kung ang kasal ay sa foreign country?

    Reply
  92. blossom

    I have a question.If the US citizen husband who get married here in the Philippines divorce a Filipina via publication,can a Filipina wife still file for annulment or she really needs the divorce paper from the spouse to file a decree of divorce for foreign recognition?

    Reply
  93. Jessica

    Good eve atty. My boyfriend is a Canadian but he was a former Filipino.He got married here when he was a Filipino then he and his ex wife went to canada and they both became canadian citizen..Now they were separated for 5 yrs and they filed
    for a divorce in canada..Now wer planning to get married here in the philippines..Do we still need to get a recognition of foreign divorce?

    Reply
  94. Luis

    A Filipina was divorced from her foreign spouse. The foreign spouse remarried and later died. If the Filipina want to remarry, does she need to have her divorce judicially recognized by a Philippine court before she can be allowed to remarry even if her former spouse had already died?

    Reply
  95. Nith

    Hello Atty. Me and my BF stayed together for 14 years and have already 12 years old daughter. The problem is he is already divorced in Italy but he was married a filipina in Manila. Do we can marry here in Philippines, even he is not yet annulled from he’s x Filipina wife? Thank you

    Reply
  96. Stephen

    Good day po!
    Nag file na po atty ko ng judicial recognition of foreign divorce…last 2014 pa po pero until now lagi po nag o-oppose ang solicitors sa Supreme Court…ilang beses na rin pong nag response atty ko kaso until now ala pa rin po ?

    Reply
  97. babydoll

    Hi good day.. I was married to an Australian man in 2011 but I never lived in AUstralia with him because I didnt realize that he only married me but no intentions of taking me there to live with him. So many years we didt have any contacts and for sure has no hope for the relationship to get back,. Unfortunately we were married here in the Philippines but the marriage wasnt recognized in their country,, I have a new relationshhip and want to marry this man and also we have a baby,, I want to know how can I possibly remarry if there is no divorce here the Philippines, Is my child a legal child of that man although biologically is the son of my current boyfriend, ? Please tell me what to do, I need to process everything as soon as possible,

    Reply
  98. jj

    Hi, I am an American Filipino ( dual citizen ). I was neutralized when I was 5yrs old. I went to Philippines when i was 25yrs old and got married after few months because i got my girlfriend pregnant, she is 19 yrs old. it was a mistake and both of us did not really thought it through. now im in Qatar and i have a Filipina girlfriend that i want to marry. what legal actions can i do?

    Reply
  99. Jardy

    I know a filipina who married a foreigner in the Philippines then they moved to lived in the US. When they went on vacation in Philippines, her foreign husband cheated with another filipina. When they went back to US, the foreigner divorced her in US, petition the other filipina and they got married in the US. The filipina I know is now a US citizen. When her divorced foreign ex-husband and new filipina wife retires in the Philippines, she was informed she can still file a case of adultery and have rights to her divorced foreigner ex-husband assets (house & lot, business, money in the bank) even if the names is in her divorced foreigner ex-husband name and his new filipina wife because there is no Recognition of Divorce record in Philippines. Does the filipina I know still has rights to do such things?

    Reply
  100. Lovely

    Hello Attorney,
    I would like to ask for my friend.. He is an American married to a Filipina.. But then the Filipina kicked him out of their house because she said she is not in love with him anymore. All the property is under the Filipina’s name. Then my friend filed for a divorce in the US. Then cut her off her allowance but still gives child support.. Now my friend has a new Woman(also a Filipina) and the ex wife also has a boyfriend which is a policeman.. Can my friend remarry here in the Philippines again?
    And the problem also is the ex wife is threatening my friend and his new girlfriend because she was cut off of her allowance.. does she still have the rights to demand for money for herself even after the divorce?
    I would appreciate your answer..

    Reply
  101. Thomas

    Hello attorney,

    I have a question my current wife was a Filipino citizen at the time she married her now ex husband in the Philippines,,, she went with him to the United States and he filed for divorce,,, she is now a US citizen and not a Philippine citizen no longer, later I married her in the US,,, her divorce was never recognized by the Philippines government cause she is now a US citizen,, recently she filed for divorce from me,,, we have been living separate for almost five years now but we are still legally married,,, she now flew here to the Philippines where I live and filed a case of Concubinage against me,,, however how can the Philippines recognize her divorce from her ex when she never reported it to the courts,,, is our marriage valid here or what can I do.

    Reply
  102. I'm a lover not a fighter

    Hi, Atty. Fred,

    I and my wife are both natives in the Philippines, but we are divorced in the UK.
    Can I file petition for recognition of foreign decree of divorce here in the Philippines?
    Becuase I wish to recognize our divorce in the UK here in the Philippines.
    If possible, How long will it take this process and cost?
    Because she had somebody new and I have somebody new as well.

    Thank you so much for your help.

    Reply
  103. Jeff

    Hello Atty. Fred,
    I am a U.S. citizen who divorced my Filipino spouse in the U.S. I have my divorce decree authenticated by the Philippines Consulate in San Francisco. I also have an official publication of my state’s divorce law, published by my state’s legislature. Does my state’s divorce law also have to be authenticated by the Philippines Consulate? Thank you!

    Reply
  104. Nida

    Good day PO, kasal anak ko ng Japanese dto sa Philippines, divorce na sa Japan plan na nya mgfile problem nya one of the required is the Family register?Hindi Po namin maintindihan saan PO kukuha nyan?

    Reply
  105. Amelia

    Magandang po Atty. Fred. Ako po ay isang Pilipina na ikinasal sa isang Japanese noong 2006. Tumira po aq sa japan kasama siya noong 2009 at Dinivorce po nya ako noong 2010. Nagbakasakali po akong mag-apply bilang Housekeeper sa Japan, ngunit isa po sa requirements nila ay ang pagbabalik ng aking apelyido sa pagkadalaga sa aking passport. Kakailanganin ko pa po ba ng Regustered Court Decree at Certificate of Finality para sa pagpapalit ng aking apelyido o Maari nyo po ba akong tulungan at turuan kung papano po at anu po ang dapat kong gawin gayong wala din naman po akong sapat na pera panggastos. Napakalaking tulong po ng inyong magiging pagtugon. Maraming salamat po.

    Reply
  106. Needyourlegaladvice

    We were both Filipino citizens and we were married abroad. We have reported our marriage to the Philippines after 5 years of marriage. We have even secured a copy of our marriage certificate from NSO. My husband left me two years ago. We had been having problems ever since then. I tried working things out with him only through chat communication but we still have issues getting along with each other. He didn’t give any child support and for two years of his absence, I was all by myself in this foreign land taking the responsibility for my child. I don’t love him anymore and I don’t wanna live with him anymore. He was also abusive and I don’t wanna stay with him anymore. I am considering of filing a divorce here in abroad. Considering it will be granted, will it be sufficient enough to have the possibility of having an annulment granted in the Philippines? How much will it cost to process such annulment?

    Reply
  107. Lourdes

    Magandang araw po sa inyo Attorney.

    Hiwalay po ako 4 years na may dalawa kaming anak both minors pa. Bumibigay naman siya ng sustento kahit papaano. Ngayon may ka.chat akong foreigner na Irish, pwede ba niya kaming ma.petitionan to Ireland? Kung pwede halimbawa, pwede ba akong maka.secure ng divorce doon at magpakasal sa kanya kasi divorce naman po siya. At sa kabilang dako naman po kung mag.papa.annul ako sa kasal ko dito sa Pilipinas sapat na ba yong 4 years na hiwalay kami ? Ano ang maaring grounds ko, kinasal po kami noon 22 na ako. At mayroon na kasi silang anak sa kinakasama niya ngayon. Salamat po.

    Reply
  108. Tarah

    Does this have any expiration?for example i did know that this foreign judicial decree existed. so in the records here in the Philippines is i have never been married since i was married in abroad. so after getting my divorce papers i thought i can re marry right away. does this mean my marriage here in the Philippines is voidable?

    Reply
  109. Ofe;ia Fera

    i was divorced from my ex-husband, he filed the divorced in Australia 2004 and i already have my divorce certificate now i would like to indicate in our marriage certificate that i am already divorce …how would it c be done.?? or how can this be processed? How much would be the cost? Thanks and hoping to receive positive reply from you.

    Reply
  110. Lily

    I am married to a foreigner year 2006 and a year after our marriage did not work out. My x-husband filed a dissolution of marriage to his country and I guess he remarry their. We don’t communication for decade. And he gave me a scanned copy of that marriage dissolution he filed, would that be acknowledge here in the Philippines? Can I remarry in the future? What would be the process for me to nullify my marriage in Philippine Law?

    Reply
  111. William

    I read somewhere that the Ph. is the only country in the world that refuses to recognize divorce. Setting aside whether this is an exaggeration, what policies drive that choice?

    From what I have observed, dissatisfied married couples in the Ph. — including my wife’s parents, two her sisters, and one of her brothers — simply part ways with their spouse, and take up with other individuals who are more to their liking.

    How is that “better”? Does it really promote the values or beliefs facially intended by the above prohibition?

    Have there been any legislative or other efforts to change the law in this area? It seems outrageously harsh.

    Last question: Why is it so costly in Ph. to conduct any business relating to government or the judicial system? I would hazard to guess that a vast majority of Filipinos cannot afford to take advantage of those services.

    Thanks and regards,

    William

    Reply
  112. Donald

    A foreigner marries a Filipina in the Philippines. He subsequently divorces her in his home country. He now wishes to marry another Filioina in the Philippines. Besides:
    1. Copy of DIVORCE decree.
    2. Copy of “Legal Capacity to Marry” from his Embassy.
    3. Copy of passport.

    What other documents does he need and/or processes does he have to follow? For example, since his first marriage in the Philippines is registered with the NSO, does he need a CENOMAR, and if so, what is the process? Does he need to get judicial approval/confirmation HERE of his his foreign divorce? If so what is the process and documentary requirements?

    Reply
  113. dollie

    i am married to a canadian for 7 years without any children, i live in the philippines an i am not contesting the divorce. i was served a divorce document but was asked to pay a certain amount for me to secure the document. is this legal? it is not me who wanted the divorce, why should i spend for it when he stopped sending me allowamces a few months back statting that he needs money to pay for his lawyer.

    Reply
  114. Jam

    Good day. Gusto ko po humingi ng legal advice from you, wayback 2008 ako po ay ikinasal sa isang korean national dhil po sa kagustuhan ko makpag trabho sa korea. Ang usapan po namin ng kaibgan ko na nagreto sa akin sa korean guy na iyon ay kailangan daw po namin magpakasal muna dito sa pinas para mas mapadali daw ang paglakad ng papers ko papuntang korea. Pero ndi daw po nila yuon isusubmit sa NSO. Gagamtin lamang daw po nila un marriage contract namin as supporting documets daw po na ako ay may fiance na korean national. Ikinasal po kami sa manila. After few months po nag back out po ako sa plano ng pagpunta. Hanggang lumipas po ilang taon. Nagkaroon na po ako ng boyfriend at nagsama na kmi may 2 na po kaming anak. At gusto na po nmin magpakasal. Sinubukan ko po kumuha ng cenomar at duon ko po nalaman na nairehistro yun inakala kong pekeng kasal ko nuon. Anu po ang dapat kong gawin kng mag file po ako ng annulment. Thank you. Ms. Jam

    Reply
  115. Sam

    Hi im Canadian and i had married to a filipina here in Canada. She live in Japan and she is divorce with her japanese husband already. She have her permenant resident in Japan but she still using her Philippine passport. Her statue in the Philippine is still married to that japanese husband because of the no divorce law. Do i need to apply a annullment in the Philippine before i can sponsor her in Canada?.

    Reply
  116. Ohara

    Good evening po!
    Atty. ask ko lang po. Kasal po kami ng husband ko dito sa pilipinas and 5 years na po kaming di nagsasama hanggang sa he decided to end our marriage po. He is a U.S citizen. gi divorce po nya ako doon sa lugar nila at pinadala nya asa akin and authenticated na po from their country. Gusto ko lang pong malaman, kung ano po ba ang dapat kung gawin para maipa recognize ko sya dito sa pilipinas? ano po ba ang requirements? meron na po akong NSO copy ng marriage certicicate and a Certified through copy of divorce decree. Please po I need you’re help. Thank You and God bless.

    Regards,
    Ohara

    Reply
  117. Cynthia

    Hai atty. Im a filipino and my husband is finnish citizen we married in phillipines and now we both living in finland but we are now separated, he is an alcoholist addicted and he abuse me physical,mentally,and emotional, this happened even we not married yet, but because he promising me that he want to change his attitude and drinking if we get family live here in finland. But now he get more worst he become irrisponsible for financial management for families due to his drinking and he start harrasting me when he get drunk then i get reported him to police as domestic violence . What shall i have to do to file the case against him?? That now im living with another man.

    Reply
  118. marifi

    Hi Atty,

    Please i really needed help po. im a filipina married to a british citizen. we have 3 young chidren all under 10. and i have another baby along the way. Iam mentally emotionall physically not well. After u found out my husband cheated on me again but not only one woman but more than 1 woman. He brought all of his woman at the apartment were he live at the moment while im not around. hes based in cambodia for work where he had an affair to those woman. Now i confronted on him of what he did to me and my kids all the pains caused by his actions. how many times he was abused me but i always forgive him because of his promises that he will change. but he did it again many times already. iam so depressed now i needed help because he threatened me he will not give any centavos for the suppport if i will speak to his employer. please help me what to do for my kids sake. my kids are holding a dual citizenship. i found out he made a fake divorce document to show to his other woman that he is single. please help me please.

    ging

    Reply
  119. Marcelyn

    I would like to beg your indulgence for some clarification regarding the petition on recognition of foreign divorce and foreign marriage.
    I am a Filipina and recently got married in Hawaii to a divorced naturalized US citizen who used to be a Filipino. I was told to file for recognition of foreign marriage in Hawaii
    but cannot do so because my husband was married before in Manila to a filipina. We were told to file for petition for recognition of foreign divorce. My husband who is a naturalized US citizen based in Hawaii since 1984. He used to be married to a filipina from cebu as he was also from cebu before becoming US citizen. My husband was based in Hawaii and took a vacation in Ilocos in 1986 where he met his first wife and eventually married They got married in 1986 in Manila City Hall. Then in 2009 my husband (a US citizen at the time of filing) filed for a divorce in hawaii(the wife was also a US citizen by then). Now last January 2018 my husband married me(im a Filipino citizen) in Hawaii. We were told that my husband needs to file for petition of recognition of foreign divorce for my husband so that I can file our marriage certificate to Phil. Statistics office. We now live in Bulacan as I am from Bulacan. It is stated that the petition must be filed at the RTC. Which RTC should it be filed? Will that be in Bulacan RTC where we now live or cebu RTC where my husband used to live(but note that my husband lives in Hawaii at the time of his marriage to the first wife in1986) or in Manila City Hall where the marriage was officiated.
    Can I, the present wife, do the petition for recognition of foreign divorce and be the petitioner? In that process can it be filed in Bulacan where we live?
    Hoping for your indulgence and response to my querries. Thank you and have a pleasant day.

    Reply
  120. Che

    Hi Atty.
    I was married to my Canadian x husband here in the Philippines way back 2011. It only lasted for few months since I found out he has mental problem. He filed divorce in Canada and sent me a copy of the divorce decree. Now I’m engaged to an american and we’re applying for a fiancèe visa. Do I need to have my divorce recognize here in the Philippines or not since I will be remarrying in the U.S? I really want it recognized but I can’t afford yet and my x as well isn’t cooperating in gathering the requirements for recognition. I am looking forward to hear back from you. Thank you.

    Reply
  121. Lovie

    Here’s the situation…A Filipina was married to a Fil-Am in the Philippines. She was petitioned and a year later immigrated in the US. Due to irreconcilable differences, the Filipina wife filed for divorce after 2 years here in the US., and divorce granted. She was still an immigrant when she met her fiance in the Phils. After 3 years of relationship, she filed for US citizenship so she can filed for a k1 visa. Unfortunately, her fiance was denied. Because of desperation, she thought of marrying him in the Phils after filing for Judicial Recognition of Divorce Decree. What are the possibilities she’s doing the right decision knowing she got married in the Phils ( no divorce ) with her ex husband who’s also a Filipino but naturalized US citizen? She was still a Filipino citizen when she was the one who filed the divorce in the US. What are their chances she can remarry ? Annulment or legal separation? How long is the process and how much? Granted they got married, K1 visa was denied, will it affect the filing of spousal visa? I need your input re this case. Thanks!

    Reply
  122. Joseph D.

    i have met a women in the phillippines and she been trying for over 8 years to get an annulment why is it taking so long. Also her attorney keeps asking for more money and say it now the judges turn to give a say on the matter of the case. Is the attorney just keeping it going to get more money or what?

    Reply
  123. Jeff

    Good pm po atty,my fiancé is a naturalize American citizen,kasal po sila ng ex wife niya diyo sa pilipinas pero nag divorce po sila in U.S ano po na ang tamang proseso para mapawalang bisa ang kasala nila Dito sa pilipinas at magkakano po ang cost ng process po.thank u and best regards.

    Reply
  124. Pingback: Annulment in the Philippines: Questions and Answers (Part 5): Overseas Filipinos Edition | Philippine e-Legal Forum

  125. Pingback: Annulment, Divorce and Legal Separation in the Philippines: Questions and Answers | Philippine e-Legal Forum

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