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]
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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
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.
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
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.
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.
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!
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?
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.
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