For many Filipinos residing abroad, the intersection of foreign divorce laws and Philippine family law creates a significant amount of confusion.
A common scenario occurs when a couple is married in the philippines but divorced in the us. Under the Civil Code, Philippine laws regarding family status follow Filipino citizens wherever they go.
The Critical Requirement: Judicial Recognition
For those who were married in the Philippines and later divorced in the US, the foreign judgment does not automatically change your civil status at the Philippine Statistics Authority (PSA).
This process is rooted in Article 26 of the Family Code. 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.
Specific Cases: Australia, Canada, and Japan
The same principles apply to other limited liability company philippines 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.
Divorce in canada recognized in philippines : Meticulous documentation, including the Divorce Certificate, is necessary for the Philippine court to grant recognition.
Divorce in japan recognized in philippines : A divorce in japan recognized in philippines can include "divorce by mutual agreement" (Kyogi Rikon).
Rights of Filipinos to Initiate Divorce Overseas
Many wonder, "can a filipino file divorce abroad and have it be valid?" However, for 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.
Final Thoughts
Navigating the complexities of being married in the philippines and divorced in the us (or elsewhere) requires patience and legal expertise.