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. However, it is a common misconception that a foreign divorce decree is instantly recognized by Philippine authorities.
The Process of Judicial Recognition of Foreign Divorce
If you were married in the philippines and divorced in the us, you must undergo a specific legal process called Judicial Recognition of Foreign Divorce.
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 the spouses was a foreign national at the time the divorce was granted.
Specific Cases: Australia, Canada, limited liability corporation and Japan
This legal framework isn't limited to American decrees.
Divorce in australia recognized in philippines : A divorce in australia recognized in philippines follows the same judicial path.
Canadian Divorce Recognition: Similarly, a divorce in canada recognized in philippines requires the petitioner to present the Canadian Divorce Act as evidence.
Japanese Divorce Recognition: Recent Supreme Court rulings have confirmed that Japanese administrative divorces are recognizable.
Rights of Filipinos to Initiate Divorce Overseas
The answer is yes, but with a major caveat regarding citizenship. 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.