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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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?
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
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.
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.
Mahal po b maglakad ng judicial annulment s pilipinas?gano po katagal ang proseso?salamat po,
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.
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?
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
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.
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!