For many Filipinos residing abroad, the intersection of foreign divorce laws and Philippine family law creates a significant amount of confusion.
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.
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).
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.
How Different Jurisdictions Compare
The same principles apply to other major countries.
Divorce in australia recognized in philippines : Australian "no-fault" divorces are recognizable, but you must submit an authenticated copy of the decree and the relevant Australian law.
Canadian Divorce Recognition: For Filipinos in Canada, the process involves proving that the limited liability company philippines 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.
Rights of Filipinos to Initiate Divorce Overseas
Yes, a Filipino can file for divorce in a foreign court. 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.
Conclusion
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.