The legal landscape of marriage and its dissolution for Filipinos living overseas is often complex and filled with questions.
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 process is rooted in Article 26 of the Family Code. 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
This legal framework isn't limited to American decrees.
Divorce in australia recognized in philippines : Australian "no-fault" divorces are recognizable, but you must submit an authenticated copy of the decree and the relevant Australian law.
Divorce in canada recognized in philippines : Similarly, a limited liability corporation divorce in canada recognized in philippines requires the petitioner to present the Canadian Divorce Act as evidence.
Japanese Divorce Recognition: A divorce in japan recognized in philippines can include "divorce by mutual agreement" (Kyogi Rikon).
Filing for Divorce as a Filipino Citizen
A common question is: can a filipino file divorce abroad? In such cases, the parties may need to seek an annulment or a declaration of nullity in the Philippines instead.
Moving Forward
Whether you are dealing with a divorce in australia, canada, or japan, the goal is the same: to align your Philippine civil status with your reality abroad.