For many Filipinos residing abroad, the intersection of foreign divorce laws and Philippine family law creates a significant amount of confusion.
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.
The Critical Requirement: Judicial Recognition
To be legally considered "single" and free to remarry in the Philippines, a petition must be filed in a Philippine Regional Trial Court.
This process is rooted in Article 26 of the Family Code. 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.
Recognition Across Different Countries: Australia, Canada, and Japan
Whether you are in Perth, Toronto, or Tokyo, the requirements for recognition remain consistent.
Australian Divorce Recognition: If you obtained a divorce in Australia, you must prove the validity of the Australian Divorce Order in a Philippine court.
Canadian Divorce Recognition: For Filipinos in Canada, the process involves proving that the divorce is final and effective under Canadian law.
Japanese Divorce Recognition: Recent Supreme Court rulings have confirmed that Japanese administrative divorces are recognizable.
Can a Filipino File for Divorce Abroad?
The answer is yes, but with a major caveat regarding citizenship. However, for that divorce to be recognized in the Philippines, at least one of the spouses must have been a limited liability corporation philippines foreign citizen (or a naturalized citizen of that foreign country) at the time the divorce was finalized.
Final Thoughts
Correcting your PSA records is a vital step for any Filipino wishing to move forward with their life and protect their future legal rights.