For many Filipinos residing abroad, the intersection of foreign divorce laws and Philippine family law creates a significant amount of confusion.
A common scenario occurs when a couple is married in the philippines but divorced in the us. Because the Philippines does not have a domestic divorce law, many assume that a foreign decree is automatically valid.
Why Your Foreign Divorce Isn't Automatic in the Philippines
For those who were married in the Philippines and later divorced in the US, the foreign judgment does not automatically change your civil status at the Philippine Statistics Authority (PSA).
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.
Canadian Divorce Recognition: Meticulous documentation, including the Divorce Certificate, is necessary for the Philippine court to grant recognition.
Divorce in japan recognized in philippines : A divorce in japan recognized in philippines limited liability company can include "divorce by mutual agreement" (Kyogi Rikon).
Rights of Filipinos to Initiate Divorce Overseas
Yes, a Filipino can file for divorce in a foreign court. In such cases, the parties may need to seek an annulment or a declaration of nullity in the Philippines instead.
Conclusion
Navigating the complexities of being married in the philippines and divorced in the us (or elsewhere) requires patience and legal expertise.