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.
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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 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.
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!
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 Gary, thank you for the kind words. Please email me directly, we have lawyer-friends in Davao who probably could assist you.
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.
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.
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.
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/
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!
Dear Ghrace, kindly refer to this post:
http://attyatwork.com/annulment-in-the-philippines-questions-and-answers-part-5-overseas-filipinos-edition/
Hi Sir,
Me and my ex-wife have been separated for 5 years now, but not yet legally. Five months after she asked for me to leave, she got pregnant with her new guy. Initially, she told me that she arrangement our annulment but due to her financial constraints it didn’t materialize. But now since I am already stable I would want to arrangement it by myself. The problem is I have just gotten a job here abroad and it would take some time before my company could allow me to go home. Is there another way to file the case and which would take less time as well? The thing is I want to purchase some property but since me & my ex-wife are still legally married, it is stopping me to do so plus the fact that I want to move on as well with my life and settle with my new girlfriend.
My eldest sister asked me to fix her petition for judicial recognition of foreign divorce. She lived in Japan for a long time. I want to know what is the first thing to do to secure this papers? She doesn’t have much money for this because she just had a breast cancer operation and her husband also just had a bone surgery…what is the best thing for me to do? It’s a very big help on my part to have your advise because I really don’t know where to start….
Dear Atty,
I know that a divorce filed as a permanent resident of the foreign country will not be recognised in the Philippines. However, after the divorce is granted in the foreign country, I will apply for foreign citizenship.
My concern is, will my filipino wife still be able to sue me and/or my future wife (a foreigner as well) for bigamy and adultery if I do not return to the Philippines after getting the foreign citizenship? Am I still bounded by the Philippines law? How about my future wife who is a foreigner, will she get sued as well? Or is there any way to file a petition in the Philippines after I get my foreign citizenship using the divorce decree I got when I was still a permanent resident?
I couldn’t find this discussion on your other posts, thank you so much.