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. However, it is a common misconception that a foreign divorce decree is instantly recognized by Philippine authorities.
The Process of Judicial Recognition of Foreign Divorce
If you were married in the philippines and divorced in the us, you must undergo a specific legal process called Judicial Recognition of Foreign Divorce.
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 limited liability company Cases: Australia, Canada, and Japan
The same principles apply to other major countries.
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 : Similarly, a divorce in canada recognized in philippines requires the petitioner to present the Canadian Divorce Act as evidence.
Japanese Divorce Recognition: A divorce in japan recognized in philippines can include "divorce by mutual agreement" (Kyogi Rikon).
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.