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. Under the Civil Code, Philippine laws regarding family status follow Filipino citizens wherever they go.
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
This legal framework isn't limited to American decrees.
Divorce in australia recognized in philippines : If you obtained a divorce in Australia, you must prove the validity of the Australian Divorce Order in a Philippine court.
Divorce in llc philippines 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 : Recent Supreme Court rulings have confirmed that Japanese administrative divorces are recognizable.
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.
Conclusion
Navigating the complexities of being married in the philippines and divorced in the us (or elsewhere) requires patience and legal expertise.