Legal Dynamics: Citizenship and Divorce

Discussions are welcome in the Forum. As more subjects here are discussed by the readers, the interaction of one topic with another (or between related laws) results to a legal melting pot, enriching the pool of topics to choose from.

For instance, we have discussed (“Divorce and Annulment in the Philippines“) that a Filipino – wherever he/she may be located in the world – is governed by Philippine laws on marriage. This means that while he/she can secure a divorce outside the Philippines, such divorce is NOT recognized in the Philippines. The same article also contains a discussion on the effect of losing Filipino citizenship vis-a-vis divorce. If a Filipino is naturalized as a foreign citizen and, in the process, loses his/her Filipino citizenship, such former Filipino can validly seek a divorce abroad and the divorce is recognized in the Philippines. In other words, after complying with the procedure in having the foreign decree of divorce judicially recognized (through a court action) here in the Philippines, the Filipino spouse may validly remarry.

Then came the new law (Republic Act No. 9225) that allows former Filipinos to re-acquire or maintain their Filipino citizenship. Here are the issues:

If a Filipino secures a divorce BEFORE losing his/her Philippine citizenship by naturalization as a foreign citizen (the divorce is not valid under Philippine laws), will the subsequent loss of Philippine citizenship have any effect on the validity of the previous divorce? Will it make any difference if the foreign decree of divorce, validly secured by a former Filipino, is not judicially recognized here in the Phils. before that former Filipino re-acquires his/her Philippine citizenship?

On the other hand, what’s the effect of the re-acquisition of Filipino citizenship on the foreign decree of divorce previously and validly secured?

I already suggested that the law students who had been asking me for thesis topics can pick up this one…and maybe provide us with the abstract of the study. In the meantime, let’s hear what’s on your mind.

[Updated: See Mixed Marriages, Divorce and Summary on Recognition of Foreign Divorce Decree in the Philippines.]

Atty.Fred

80 thoughts on “Legal Dynamics: Citizenship and Divorce

  1. irene

    atty. fred. thanks for replying. My fiancee is just really bothered.Kasi a legal officer in the Philippine embassy in san francisco told him na hindi raw automatic na mawalang bisa yung previous marriage nya sa pilipinas.Kailangan pa daw sya mag apply through court.Is this true? If it is, howlong will it take.Sana naman hindi na necessary.And what do you mean by saying “as long as the requirements for a valid divorce abroad and the divorce decree here in is recognized in the phili?” di ba, divorce is not recognized here in the phili? naguguluhan ako.

    Reply
  2. Atty. Fred Post author

    Irene, I really hope you take time out to read the related articles (as well as the comments/discussions )in this Forum because your questions are most likely answered there. Take this article –
    http://pnl-law.com/blog/annulment-divorce-legal-separation-in-the-philippines-questions-and-answers/
    A court proceedings is required before a foreign divorce, assuming that it’s in accordance with Article 26 of the Family Code, may be recognized here in the Philippines for purposes of remarriage.

    Good luck!

    Reply
  3. Pingback: Topics for Legal Thesis at Atty-at-Work

  4. jessie15

    Attorney Fred,

    I found this site really interesting and informative to those who need to clarify things.
    Here’s my complicated situation.
    I was legally married Febraury 1997,to Mr.A, and had two kids with him. When I decided to work overseas and been working overseas for almost five years now. When I worked abroad last December 2002,it takes only two months since I left, that my husband Mr.A made another woman pregnant around Febraury 2003 then he married the girl without my knowledge in the court of judge and registered their marriage at the NSO office the same year July 2003 legally. Then after one year my sister provide an evidence and sent it to me their marriage contract of my husband and the girl that cause our marriage end, and we both agree to end the marriage.
    The case is, my husband has two registered name in NSO office. His first registered birth name to his unmarried biological parents was the one he used to married the girl. Since his biological parents broke up, and my husband live with his grandparents and they decide to change his name at the age of 4,without any legal birth certificate to his second name. They used his second name to go school until he finished his degree in college, so his first registered name was not used any longer.Then before he finished schooling I got pregnant and we decided to got married but he don’t have birth certificate to his used name(his second name)so his father filled an affidavit for late registration to his second name so that they can provide a birth certificate and register his second birth certificate(thinking that his father closed his first registered named but they never closed it legally). Now he used his second name to all his legal documents like SSS,Professional license, Work and etc. but he hasn’t closed his first registered name.

    My questions are:
    1. Who’s marriage is valid and invalid? Mine who he married first to his second name? or his second marriage to the girl under his first registered name?
    2. How can I file an annulment to this case?

    Please help me on this matter.
    Thank you so much and I’m looking forward to your reply. I don’t have any knowledge about this complicated situation.

    Regards,

    Jessie15

    Reply
  5. Atty. Fred Post author

    Jessie, I hope you understand that only legal information, not legal advice, is given in this forum. These are matters that can’t be threshed out by discussions over the net. These should be properly discussed in more detail, something which I can’t do.

    Reply
  6. Alley

    Hi Atty Fred,

    I am an Australian Citizen by birth and currently seeing a phillipino boy who is currently still married in the phils.

    My question is, what is the difference between a Divorce and an Annulment as I thought there was no divorce in the phils.

    Also what are the rules that apply to obtaining an annulment. I have read the other posts and although they are interesting, the legal jargon is quite confusing. I am hoping you can help explain things in plainer english for me.

    Thanks veru much. Alley

    Reply
  7. sandy123

    hi,i got married in the philippines last 2002,and now that im in canada and a permanent residence or landed immigrant,i filed a divorced here against my ex husband,my ex husband is in the philippines and he agreed and signed the divorced paper that i sent to him,my quetion is this,is it valid under the philippine law the divorced that i filed here,and am i allowed to get married again here?im not a canadian citizen yet, as i’ve mentioned earlier im a permanent residence here but for sure i will apply my citizenship this year, i hope that you can help me with my question. thank you 🙂

    Reply
  8. happy07

    i was married in March 2006 then we separated 9months after. We have one child. After we separated, i have never heard of him, no support for the child from him.its been 8yrs this coming March. I want to file an annulment to annul our marriage. I am currently a permanent resident of UK. What is the chance of getting the marriage to be annulled. What is the easiest way to get married again. I heard about petitio for presumptive death. Can i file for that so i can remarry?

    Reply
  9. Atty. Fred Post author

    Alley,

    In the previous (repealed) divorce law existing in the Philippines, adultery and concubinage were grounds for divorce. Sexual infidelity, as the law stands now, is merely a ground for legal separation. There’s also a no-fault divorce in some foreign jurisdictions, which doesn’t need any reason other than the agreement of the parties. This is not allowed in annulment. The simplified discussion on the steps and procedure is here (I hope that’s simple enough):

    http://pnl-law.com/blog/steps-procedure-in-annulment-declaration-nullity-of-marriage/

    Sandy,

    The law is clear that Filipinos, no matter where they are in the world, can’t validly seek divorce.

    Happy,

    The “chance of getting married” depends on the grounds invoked and the evidence to support these grounds. You could read more about it, including presumptive death, in this these posts:

    http://pnl-law.com/blog/annulment-divorce-legal-separation-in-the-philippines-questions-and-answers/

    http://pnl-law.com/blog/presumptive-death-of-a-spouse-for-subsequent-marriage/

    Reply
  10. ashitz

    I’m a catholic, and my bf is a muslim. Before we met, he was first married to a muslim woman because she was bearing his child. He explained to me muslims believe that the marriage was necessary for the child to be healthy. They were separated immediately after the marriage ceromony because the bride’s parents did not like him. They do not have marriage contract or other legal papers to support their marriage. Since they were separated, he and his family said that we can get married with no difficulties because both parties agreed that it is best for them to live separately because of the feud of their families. He and his parents cannot even see his child. Was it necessary for him to still accomplish divorce papers eventhough there was no legal documents. What if we got married, will his ex-wife have rights or any claims to disqualify our marriage? Does her disapproval have any bearing? Will I be considered as his first and legal wife if his marriage was no longer valid?

    Reply

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