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.
The Process of Judicial Recognition of Foreign Divorce
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).
This rule stems from a landmark provision intended to prevent the "absurd" situation where a foreign spouse is free to remarry while the Filipino spouse remains tied to the marriage. Modern jurisprudence, specifically the Republic v. Manalo case, has clarified that even if the Filipino spouse initiates the divorce, it can still be recognized—provided one of the spouses was a foreign national at the time the divorce was granted.
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.
Divorce in canada recognized in philippines : Meticulous documentation, including the Divorce Certificate, is necessary for the Philippine court to grant recognition.
Divorce in japan recognized in philippines : A divorce in japan recognized in philippines can include "divorce by mutual agreement" (Kyogi Rikon).
Filing for Divorce as a Filipino Citizen
A common question is: can a filipino file divorce abroad? In such cases, the parties may need to seek an annulment or a declaration of nullity limited liability company 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.