We have four installments on this topic (refer to Part I, Part II, Part III, Part IV), as well as related posts on annulment, legal separation, declaration of nullity and divorce. We’re trying to cope with the numerous questions raised, but with our schedules, it’s impractical to answer the questions one by one. This is the reason why we summarize the questions so that similar ones would be answered in one go. Again, browse through the existing related articles to see if your questions are covered by existing discussions.
In this series, we’ll centralize the questions relevant to Overseas Filipinos and OFWs. This will be a continuing discussion:
Divorce is allowed in the country where I’m located. Can I get a divorce here and would this be recognized in the Philippines?
Some countries allow the filing of divorce by Filipinos within their jurisdiction. The problem, however, is a divorce obtained by a Filipino abroad is not recognized in the Philippines (but the rule is different if the divorce is secured by the foreign spouse). It’s a useless exercise as far as Philippine law is concerned.
If a divorce secured by my foreign spouse is recognized in the Philippines, what should I do?
You need to file a petition for recognition of a foreign divorce decree with the appropriate court in the Philippines. Ask your lawyer to prepare the petition for you. See Judicial Recognition of Foreign Divorce Decree. Other related questions on foreign divorce decrees are discussed in that article.
Would it make any difference if I marry abroad (where divorce is allowed) so I could get a divorce later on in that place?
No. Filipinos are covered by the prohibition against divorce, regardless of wherever they get married (and regardless where they get a decree of divorce). This is based on the “nationality principle” which basically provides that Philippine laws affecting their status follow them wherever they may be.
Would it make any difference if I later become a citizen of the other country? For instance, I was married in the Philippines and secured a divorce in the United States. Both of us are Filipinos and my spouse voluntarily signed the divorce papers. After the divorce, I married another guy, a former Filipino who had acquired U.S. citizenship. I am still a Filipino citizen. Is my previous marriage still valid in the Phils.?
Yes, the first marriage is still considered valid in the Philippines because divorce between Filipinos, wherever secured and even if with the consent of both spouses, is not recognized under Philippine laws. In other words, as far as the Philippines is concerned, the second marriage is null and void.
What if I were naturalized in another country and I subsequently secure a divorce?
Naturalization in a foreign country is one of the ways to lose Filipino citizenship. A Filipino who loses his citizenship through naturalization may secure a divorce decree abroad and have the valid divorce decree recognized in the Philippines through the proper process in court.
What if I secured a divorce decree abroad and subsequently lose my Philippine citizenship, will the divorce decree be recognized in the Philippines?
Spouses who are both Filipinos at the time of the celebration of the marriage may validly secure a divorce abroad if one (or both) of them is naturalized as a foreign citizen and obtains a divorce decree AFTER losing Philippine citizenship. The reckoning point is not the citizenship of the parties at the time of marriage, but their citizenship at the time a valid divorce is obtained abroad by the alien spouse capacitating the latter to remarry.
If divorce is not allowed in the Philippines, does this mean that spouses have no remedy in getting out of a problematic marriage?
While divorce is against public policy and is prohibited by law, the Family Code provides for certain grounds to annul a marriage or declare it as null and void.
Why not allow divorce in the Philippines?
Good question. But this is properly addressed to your representatives in the House and your Senators. As members of the legislative department, they have the power to make laws and change existing laws. See Allowing Divorce in the Philippines.
Can I file the petition for annulment or declaration of nullity even if I’m abroad?
Yes. You could prepare and file the petition for annulment or declaration of nullity even if you’re abroad. You could sign the document abroad and have it authenticated at the nearest Philippine embassy. You could then transmit the documents for filing here in the Philippines. Your lawyer should be able to guide you every step of the way, including the preparation and filing of the petition.
Related Posts:- Annulment in the Philippines: Questions and Answers (Part II)
- Annulment in the Philippines: Questions and Answers (Part 3)
- Annulment in the Philippines: Questions and Answers (Part 6)
- Questions and Answers: Annulment in the Philippines (Part 4)
Tinkering with internet tools comes with the bonus of better understanding how existing laws apply to the third wave - that of technology, particularly the internet. This is also a great medium to disseminate and discuss ideas across borders, time, color or creed. 
Loading ...
To whom it may concern,
My ex husband asked me, when I was in my annual vacation to file an annulment for his favour. Because he is planning to marry someone in Caribbean Island and he said he will pay for all expenses. When his lawyer came to me, the lawyer told me that the ground he will use was in Article 45 (my ex husband forced me to marry him), and he said that I can go back to my work just leave the signed authorization letter for my mother, sister and her husband to represent me in the pre trial or any hearing. So I signed the papers and left the country but it has been two years past and the case is not yet approve, my ex husband lawyer told me that it was in “archive” and I have to appear in the court then they will precede to the case.
Now my questions are:
1. Is there another way to make my annulment case procedure quicker?
2. If there is a way, do I have to go back to the Philippines to appear in the court?
3. Can you please give me a precise cost for this to occur?
I would appreciate if you will give me the best solutions in my case. Thank you.
Hi Weng, since you signed the petition and he/she represented you in the matter, he/she is your lawyer. He/she should know the “best solution”. He knows all the relevant facts and it’s improper for others to second-guess the remedies he/she took. Take time to discuss the case with him/her. Good luck.
Hi! Good day!
My ex-husband who is a Filipino filed for divorce in the US last 2005. I understand that it is not recognized in the Philippine Law since he’s not an American citizen during that time. However, last year, he married a US citizen and he is now also a US citizen. Would the divorce that was granted last 2004 now be recognized by the Philippine law and allow me to re-marry? If not, what are my options? Thank you very much.
Hi Angela, please refer to the scenarios discussed in the main post. The reckoning point is the time when the divorce decree is secured. Good luck.
Good day Atty. Fred,
ust wanted to ask how long will it takes from the time you file for an annulment in court for the pre-trial to pursue? and is it possible to change your lawyer? will it take more time?.. i’m so down now, filed my petition last Jan. my lawyer assured me a maximum of 1year for it to be done.. and maybe this sept.or oct it will be over. But, i received a pre trial notice last week, it will be on Nov. i asked my lawyer why it took so long, 10mo.will pass b4 the pre trial?he just answered me’gnyan tlga, mtagal yn’ simple. no further explanation. i wanna burst out, i dunno what to tell him..i gave 117k already aside from 10k he asked for under the table..blah blah blah.. Ganun po ba ktagal? di nmn sumasagot X ko sa summon, please hoping for your kind, even short response..
God Speed
Erika, maybe it’s just a matter of explaining the cause of the delay to you. Let’s put things in proper perspective. From the time of filing, the clerk of court will raffle the case and assign it to a specific court. The summons is prepared and served on the other spouse, who is given 15 days to answer (or 30 days if by publication). By then, a month or two had already lapsed. Then the court will issue an order directing the public prosecutor to conduct a collusion investigation and file a collusion report. The prosecutor may summon the parties as part of the investigation, prepare the report and file it in court. That would easily take another month or two. Once the court is satisfied that there is no collusion, it will schedule the pre-trial conference. If the court docket is loaded, the pre-trial may happen a month or a few months after. I hate sounding like an apologist, but annulment is not a fast or easy process (see procedure here). Again, talk to your lawyer. Good luck.
Atty. Fred,
Thank you so much for taking time to answer my questions. i really appreciate it a lot, knowing this is free..I feel disappointed only because he assured me that period of time for it to be over,and he is not explaining everything.prng TAMAD..like every petitioner, i wanted it also to be done asap,but so sad bout the process here in Phils.. My under the table n nga hinihingi tagal2 pdn…mahal n nga ng bayad sa process.. i never thought, gani2 ka complicated and stressful and process..
anywayz, thank you again Atty.. More power and God bless
I am a filipina married to an American citizen. My husband filed a divorce in Texas and sent me a copy of the divorce for my signature.
Question: Is it ok for me to sign the divorce decree? If I do, will it be valid if I applied for its recognition here in the Philippines?
Thank you so much for your advise
my current husband who is living in canada is assuming that my country will recognize the divorce that he wants. im afraid i cannot remmary by that. and i think annullment is the proper process because we got married here… I need your suggestions. Im fighting for my freedom in the right way in which both parties will be free in just matters. My plan is not to sign the divorce paper. Any suggestion so that i can tell him so i can push what i want and just have anullment here. Thanks.
Hello Atty.Fred,
It’s great to find a lawyer who will occasionally answer in his/her own blog…Thank you.
Are you still accepting new cases for annulment, and if so can you tell me your fee schedule and approximate cost of an annulment from beginning to end.
My case is identical to many so I can give a quick rundown. My fiance is living in Macau, China. She is a Philippine citizen. She was married 16 years ago in the philippines to another philippine citizen. He left her in less than one year. She hasn’t seen or had contact with him in 15 years. He is alive and living in the Phils. He has remarried (without annulment). Both marriage documents are registered in the nso in manilla, my fiance has copies of her marriage, and his marriage to another woman. My fiance has no kids with this man. He has children with his second wife. My fiance and I are aware his second marriage is void. My trouble is finding a trustworthy lawyer to work with us. The lawyer we tried a year ago took 175,000 php from us a year ago, and has not responded to us. He’s donr no work on the annulment since being paid. If you would have a contact lawyer in the Davao City area that you could recommend, it would be GREATLY appreciated.Thank you!
Dear Gary, thank you for the kind words. Please email me directly, we have lawyer-friends in Davao who probably could assist you.
Good Day!
I have similar predicaments with those who experienced trouble in filing annulment case in the Philippines. I have filed my annulment last February 2011, so far, the trial had started and in progress, although there are some delays that is unavoidable. My question is: Does the collusion investigation be done first before the pre-trial/ trial proceeds? I wondered coz in my case, the trial had finished but the order for investigation is still pending. Will this affect the decision of the court and the integrity of my case? Please help…thanks
hello there..
just wanna ask you is your case in good progress? what stage ka na?! i filed my case last jan2011 last week lang nka pre trial. can i ask where did you filed the petition?! thanks
Dear Elle, we can’t second-guess what transpired as to the procedure. Per the Rules, however, the collusion investigation comes first. Please talk to your lawyer for clarification.
Elle, yes, the collusion investigation should come first.
Atty,
I was divorced by my ex husband July 2006, he is a naturalized US citizen before he divorced me, and is now married to a filipina, now living with him in the US..I am here in the Philippines. I do have a copy of the divorce decree. We have a son but is now 27 yrs old. I’d like to know how long would the process take if i file for the petition of recognition of foreign divorce and how much would it cost me?
Dear Peachy, half a year already passed, I don’t know if an answer is necessary. Sorry. Just send an email directly through the contact function. Thanks.
Atty.,
I’m having doubts as to my partner’s sincerity of getting married again, she was a filipina formerly married now divorced to a japanese national…they have sired a son and she was still carrying the name of his former husband. the only information i know was that her immigration visa has a five year contract…..i don’t know if she was japanese citizen by marriage or a dual citizen (filipino and japanese)… the question is if she will be married to a filipino, will she lose her citizenship if she changes her name and use the name of her future husband…? btw. she was married as i recall, in japan and her divorce was also file and approved in japan…
thank you…
Hi,
I am a canadian citizen & got married in philippines at the age of 18 w/ my parents consent (2004). I sponsored my filipino husband to come join me & our daughter, he flew here 2005 but we didn’t end up working out. The times we were apart caused us to fall apart from each other, we decided to separate a few months after he arrived in Canada. We now each have another family, He became a Canadian citizen first then we decided to file for Divorce. My question is; Will either of us allowed to re-marry in the Philippines again without filing for annulment? we are both Canadians. will our divorced be recognized in Philippines? Please advice.
What options do we have?
How much is it?
How long is the process?
Do we need to be present? or Can we have an authorized person to represent us?
Your response is greatly appreciated.
Kind Regards,
Ghrace
Dear Ghrace, kindly refer to this post:
http://attyatwork.com/annulment-in-the-philippines-questions-and-answers-part-5-overseas-filipinos-edition/
Dear Attorney,
Gud eves po. I am indeed happy to browse in the internet a blog like yours. I want to go straight to the point of my purpose. I am married in a civil rights in the Philippines. I want to be separated from my husband because of a very personal reason of which i don’t want to disclose any further. I have my boyfriend here now in Qatar, he’s single and a Filipino. He wants to marry me. But, when we went to the embassy of Qatar, I was asked for a certificate of singleness. Of course, i could not give since I am married and so I was told that there be no further question for this intention since Marriage in Phil. Embassy in Qatar is still covered under the Phil. Law. The two of us (my BF and I) were advised to convert in Islam by a friend of ours in order for us to be married without waiting for the should I consider an eternity and very expensive annulment in the Philippines. My questions are; Will this give me the merit to be able to secure a marriage in a muslim marriage in the Philippines even if I am still married to my husband considering the fact that both of us now (my BF and I) are already muslims? Is it true that my civil marriage will be considered void and null once I am going to marry my BF in a Muslim Marriage under the Philippine Sharia’h Law? Is there still a way out for me to be able to marry my BF now even if I am married in a civil rites? How could my conversion and my BF’s now as new muslim effect my marriage in a Muslim Marriage? Please help. I badly need your help. Thank you very much. ASAP.
hi,
just wanna ask if when the marriage is null and void, can the parties remmary? and how is the status? will it be valid although it is a civil married? thank you.
Dear Phat, I hope you used the search function and found the answer (as mentioned many times before, please search the site before asking a question). I assume you found the answer in this post:
http://attyatwork.com/annulment-divorce-legal-separation-in-philippines-questions-answers/
Good luck!
i’m a filipino citizen living in japan with permanent visa. i have 2 kids. i got divorced last year and now i want to get married here in japan to US navy guy. should i have to go on annulment too? help me please, thank you!
Dear Grace, please refer to these posts for more information:
http://attyatwork.com/divorce-in-the-philippines-and-judicial-recognition-of-foreign-divorce-decree/
http://attyatwork.com/annulment-in-the-philippines-questions-and-answers-part-5-overseas-filipinos-edition/
Hi Sir,
I have initially filed for an annulment but due to financial constraints, i was not able to pussh through with it. Another thing is that i got pregnant with my new partner.
To date, my ex husband is interested to pursue the said annulment and is willing to shoulder half of the expenses.
I have already paid almost Php50k and was able to attend a hearing once. I got a notice from court that the case filed was already archived. May i ask what should i do to continue with the processing of such?
Thank you so much for your reply.
Joy
Dear Joy, as to what you should do, I strongly suggest you discuss the matter with your lawyer. Please be mindful of what you say. There’s a reason why a collusion investigation is required and the court could dismiss the petition if collusion is shown. Finally, in general, an archived case may still be revived depending on the circumstances. Good luck.