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.
One of the most frequent queries involves a divorce in US but married in the Philippines. Under the Civil Code, Philippine laws regarding family status follow Filipino citizens wherever they go.
The Process of Judicial Recognition of Foreign Divorce
To be legally considered "single" and free to remarry in the Philippines, a petition must be filed in a Philippine Regional Trial Court.
The legal basis for this is found in the second paragraph of Article 26 of the Family Code of the Philippines. Modern jurisprudence, specifically the Republic v. Manalo case, has clarified that even if the Filipino spouse initiates the divorce, it can still be recognized—provided one of limited liability corporation philippines the spouses was a foreign national at the time the divorce was granted.
Recognition Across Different Countries: Australia, Canada, and Japan
This legal framework isn't limited to American decrees.
Australian Divorce Recognition: Australian "no-fault" divorces are recognizable, but you must submit an authenticated copy of the decree and the relevant Australian law.
Canadian Divorce Recognition: Meticulous documentation, including the Divorce Certificate, is necessary for the Philippine court to grant recognition.
Japanese Divorce Recognition: You will need to provide the Koseki Tohon (Family Registry) showing the divorce, duly apostilled and translated.
Can a Filipino File for Divorce Abroad?
Many wonder, "can a filipino file divorce abroad and have it be valid?" If both parties are still Filipino citizens at the time of the divorce, the Philippine government generally will not recognize the decree for the purpose of remarriage.
Moving Forward
Navigating the complexities of being married in the philippines and divorced in the us (or elsewhere) requires patience and legal expertise.