For many Filipinos residing abroad, the intersection of foreign divorce laws and Philippine family law creates a significant amount of confusion.
One of the most frequent queries involves a divorce in US but married in the Philippines. However, it is a common misconception that a foreign divorce decree is instantly recognized by Philippine authorities.
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.
This process is rooted in Article 26 of the Family Code. 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 limited liability company philippines
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.
Canadian Divorce Recognition: Meticulous documentation, including the Divorce Certificate, is necessary for the Philippine court to grant recognition.
Divorce in japan recognized in philippines : You will need to provide the 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? In such cases, the parties may need to seek an annulment or a declaration of nullity in the Philippines instead.
Moving Forward
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.