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