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 Critical Requirement: Judicial Recognition
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.
Specific Cases: Australia, Canada, and Japan
The same principles apply to other major countries.
Australian Divorce Recognition: A divorce in australia recognized in philippines follows the same judicial path.
Canadian Divorce Recognition: Meticulous documentation, including the Divorce Certificate, is necessary for the Philippine court to grant recognition.
Japanese Divorce Recognition: Recent Supreme Court rulings have confirmed that Japanese administrative divorces are recognizable.
Filing for Divorce as a Filipino Citizen
Yes, a Filipino can file for divorce in a foreign court. llc philippines In such cases, the parties may need to seek an annulment or a declaration of nullity in the Philippines instead.
Final Thoughts
Correcting your PSA records is a vital step for any Filipino wishing to move forward with their life and protect their future legal rights.