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. 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 rule stems from a landmark provision intended to prevent the "absurd" situation where a foreign spouse is free to remarry while the Filipino spouse remains tied to the marriage. 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
The same principles apply to other major countries.
Divorce in australia recognized in philippines : limited liability corporation philippines If you obtained a divorce in Australia, you must prove the validity of the Australian Divorce Order in a Philippine court.
Divorce in canada recognized in philippines : For Filipinos in Canada, the process involves proving that the divorce is final and effective under Canadian law.
Divorce in japan recognized in philippines : A divorce in japan recognized in philippines can include "divorce by mutual agreement" (Kyogi Rikon).
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.
Conclusion
Navigating the complexities of being married in the philippines and divorced in the us (or elsewhere) requires patience and legal expertise.