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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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
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?
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.
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
Hi po atty pede po ba ako mg file ng divorce sa hk dh po ako…im not a resident in hk
HOW MUCH IS THE COST IF WE
WANT TO PROCEED PETION IN THE COURT UNTILL THE END ?
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
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.
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.
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.