The legal landscape of marriage and its dissolution for Filipinos living overseas is often complex and filled with questions.
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.
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.
The legal basis for this is found in the second paragraph of Article 26 of the Family Code of the Philippines. The law states that if a Filipino is married to a foreigner and a valid divorce is obtained abroad, the Filipino spouse shall also have the capacity to remarry.
Recognition Across Different Countries: Australia, Canada, and Japan
The same principles apply to other major limited liability corporation philippines countries.
Divorce in australia recognized in philippines : A divorce in australia recognized in philippines follows the same judicial path.
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 : A divorce in japan recognized in philippines can 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?" If both parties are still Filipino citizens at the time of the divorce, the Philippine government generally will not recognize the decree for the purpose of remarriage.
Final Thoughts
Correcting your PSA records is a vital step for any Filipino wishing to move forward with their life and protect their future legal rights.