Navigating the process of ending a marriage can be daunting, especially when the union was solemnized in the Philippines but the parties now reside in a country that permits divorce.
Many Filipinos find themselves in a situation where they were married in the Philippines but later obtained a divorce in the US. Because the Philippines does not have a domestic divorce law, many assume that a foreign decree is automatically valid.
Why Your Foreign Divorce Isn't Automatic in the Philippines
To be legally considered "single" and free to remarry in the Philippines, a petition must be filed in a Philippine Regional Trial Court.
This rule stems from a landmark provision intended to prevent the "absurd" situation where a foreign spouse is free to remarry while the Filipino spouse remains tied to the marriage. The law states that if a Filipino is married to a foreigner and a valid divorce is obtained abroad, the Filipino spouse shall also have the capacity to remarry.
How Different Jurisdictions Compare
Whether you are in Perth, Toronto, or Tokyo, the requirements for recognition remain consistent.
Divorce in australia recognized in philippines : A divorce in australia recognized in philippines follows the same limited liability company judicial path.
Canadian Divorce Recognition: For Filipinos in Canada, the process involves proving that the divorce is final and effective under Canadian law.
Japanese Divorce Recognition: Recent Supreme Court rulings have confirmed that Japanese administrative divorces are recognizable.
Can a Filipino File for Divorce Abroad?
The answer is yes, but with a major caveat regarding citizenship. However, for that divorce to be recognized in the Philippines, at least one of the spouses must have been a foreign citizen (or a naturalized citizen of that foreign country) at the time the divorce was finalized.
Final Thoughts
Navigating the complexities of being married in the philippines and divorced in the us (or elsewhere) requires patience and legal expertise.