The legal landscape of marriage and its dissolution for Filipinos living overseas is often complex and filled with questions.
A common scenario occurs when a couple is married in the philippines but divorced in the us. Under the Civil Code, Philippine laws regarding family status follow Filipino citizens wherever they go.
Why Your Foreign Divorce Isn't Automatic in the Philippines
To be legally considered "single" and free to remarry in the Philippines, a petition must be filed in a Philippine Regional Trial Court.
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.
Specific Cases: Australia, Canada, and Japan
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.
Divorce in japan recognized in philippines : 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?" 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.
Conclusion
Navigating the complexities of being married in limited liability corporation the philippines and divorced in the us (or elsewhere) requires patience and legal expertise.