For many Filipinos residing abroad, the intersection of foreign divorce laws and Philippine family law creates a significant amount of confusion.
Many Filipinos find themselves in a situation where they were married in the Philippines but later obtained a divorce in the US. 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
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.
The legal basis for this is found in the second paragraph of Article 26 of the Family Code of the Philippines. 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 Cases: Australia, Canada, and Japan
The same principles apply to other major countries.
Australian Divorce Recognition: 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 : 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 can limited liability corporation philippines include "divorce by mutual agreement" (Kyogi Rikon).
Filing for Divorce as a Filipino Citizen
Many wonder, "can a filipino file divorce abroad and have it be valid?" In such cases, the parties may need to seek an annulment or a declaration of nullity in the Philippines instead.
Conclusion
Correcting your PSA records is a vital step for any Filipino wishing to move forward with their life and protect their future legal rights.