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. Under the Civil Code, Philippine laws regarding family status follow Filipino citizens wherever they go.
Why Your Foreign Divorce Isn't Automatic in the Philippines
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.
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.
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 : You will need to provide the llc philippines Koseki Tohon (Family Registry) showing the divorce, duly apostilled and translated.
Filing for Divorce as a Filipino Citizen
A common question is: can a filipino file divorce abroad? 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.
Conclusion
Navigating the complexities of being married in the philippines and divorced in the us (or elsewhere) requires patience and legal expertise.