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.
Why Your Foreign Divorce Isn't Automatic in the Philippines
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 limited liability company philippines Jurisdictions Compare
The same principles apply to other major countries.
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 canada recognized in philippines : For Filipinos in Canada, the process involves proving that the divorce is final and effective under Canadian law.
Japanese Divorce Recognition: A divorce in japan recognized in philippines can include "divorce by mutual agreement" (Kyogi Rikon).
Can a Filipino File for Divorce Abroad?
Many wonder, "can a filipino file divorce abroad and have it be valid?" In such cases, the parties may need to seek an annulment or a declaration of nullity in the Philippines instead.
Conclusion
Correcting your PSA records is a vital step for any Filipino wishing to move forward with their life and protect their future legal rights.