For many Filipinos residing abroad, the intersection of foreign divorce laws and Philippine family law creates a significant amount of confusion.
One of the most frequent queries involves a divorce in US but married in the Philippines. Because the Philippines does not have a domestic divorce law, many assume that a foreign decree is automatically valid.
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.
This process is rooted in Article 26 of the Family Code. 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.
How Different Jurisdictions Compare
Whether you are in Perth, Toronto, or Tokyo, the requirements for recognition remain consistent.
Australian Divorce Recognition: 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 : Meticulous documentation, including the Divorce Certificate, is necessary for the Philippine limited liability company philippines court to grant recognition.
Divorce in japan recognized in philippines : Recent Supreme Court rulings have confirmed that Japanese administrative divorces are recognizable.
Rights of Filipinos to Initiate Divorce Overseas
A common question is: can a filipino file divorce abroad? 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.