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.]
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Hello everyone!
I am a former filipino now british citizen since march 2017, on April last year I filed a divorce from my foreign husband and it was made absolute on September 2017. I want to reaquire my citizenship but the embassy wont let me change my name on my new passport as they say I need to go through the court process to get my divorce recognised in the Philippines even though i am already a British citizen. I thought being foreign when i filed a divorce this will then be enough to be acknowledged in the Philippines! Can anyone please enlighten me on this issue?
does judicial recognition of foreign divorce also apply to dual citizens, e.g. british/filipino?
Good day! My bf and i is planning to get married. The situation is this, he is a Filipino but now a naturalized American citizen and got divorced with his wife who is also a naturalized American citizen already… He and his ex-wife got married first here in the Philippines and married again in the US and eventually got divorced. My question is, shall we be allowed to get married honoring his divorced decree to get legal capacity to re-marry? What is thr procedure. Please advice me! Thanks in advance! God bless.
Hi, please read this article: https://pnl-law.com/blog/judicial-recognition-of-a-foreign-divorce-decree/
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Hi atty. We are both filipino citizens got married here in abroad and now i am already a norwegian citizen after our divorce. Can my ex husband remarry in the philippines? Thank in advance.
Hi attorney,
I read all the comments here looking for something similar to my situation but alas, none even comes close. I’m not seeking legal advice. I just need facts.
I’m a Filipina married to a foreigner (we got married in the Philippines) and we are living abroad. We are now separated. We may agree to get divorced here in the future.
If in case we get divorced here, I understand that if I want to change my surname back to the maiden name, the Philippine embassy will not allow it because I’m still married under Philippine law. Is that right?
In a few years a can become a naturalized citizen here, (not dual citizen). If so, am I still required to make the divorce recognized in the Philippines even if I don’t want to marry a Filipino (and also don’t want to get married again in the Philippines)? And if I decide to remarry abroad (not Filipino) will that be a problem under Philippine law since I’m not a Filipino citizen anymore?