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
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 limited liability corporation 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.
Can a Filipino File for Divorce Abroad?
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
Navigating the complexities of being married in the philippines and divorced in the us (or elsewhere) requires patience and legal expertise.