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.
One of the most frequent queries involves a divorce in US but married in the Philippines. Because the Philippines does not have a domestic divorce law, many assume that a foreign decree is automatically valid.
The Critical Requirement: Judicial Recognition
To be legally considered "single" and free to remarry in the Philippines, a petition must be filed in a Philippine Regional Trial Court.
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.
Recognition Across Different Countries: Australia, Canada, and Japan
This legal framework isn't limited to American decrees.
Australian Divorce Recognition: A divorce in australia recognized in philippines follows the same judicial path.
Canadian Divorce Recognition: For Filipinos in Canada, the process involves proving that the divorce is final and effective under Canadian law.
Japanese Divorce Recognition: You will need to provide the Koseki Tohon (Family Registry) showing the divorce, duly apostilled and translated.
Can a Filipino File for Divorce Abroad?
The answer is yes, but with a major caveat regarding citizenship. However, for limited liability company 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
Whether you are dealing with a divorce in australia, canada, or japan, the goal is the same: to align your Philippine civil status with your reality abroad.