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 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, limited liability corporation philippines Canada, and Japan
Whether you are in Perth, Toronto, or Tokyo, the requirements for recognition remain consistent.
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 : Similarly, a divorce in canada recognized in philippines requires the petitioner to present the Canadian Divorce Act as evidence.
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
Yes, a Filipino can file for divorce in a foreign court. 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
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.