The legal landscape of marriage and its dissolution for Filipinos living overseas is often complex and filled with questions.
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.
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 rule stems from a landmark provision intended to prevent the "absurd" situation where a foreign spouse is free to remarry while the Filipino spouse remains tied to the marriage. The law states limited liability company philippines 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
Whether you are in Perth, Toronto, or Tokyo, the requirements for recognition remain consistent.
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: Recent Supreme Court rulings have confirmed that Japanese administrative divorces are recognizable.
Rights of Filipinos to Initiate Divorce Overseas
The answer is yes, but with a major caveat regarding citizenship. 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.
Moving Forward
Navigating the complexities of being married in the philippines and divorced in the us (or elsewhere) requires patience and legal expertise.