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.
A common scenario occurs when a couple is married in the philippines but divorced in the us. Under the Civil Code, Philippine laws regarding family status follow Filipino citizens wherever they go.
The Critical Requirement: Judicial Recognition
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 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 limited liability corporation can still be recognized—provided one of the spouses was a foreign national at the time the divorce was granted.
How Different Jurisdictions Compare
This legal framework isn't limited to American decrees.
Divorce in australia recognized in philippines : 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 : 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. 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.