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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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.
Hi Pieter,
Did you ever get this question answered? I’m having a similar case
Dennis
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.
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
Mga mgkano po sa palagay no magagastos ko po at ilng taon po ba matatapos
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
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
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….
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
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.
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?
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?????