The legal landscape of marriage and its dissolution for Filipinos living overseas is often complex and filled with questions.
One of the most frequent queries involves a divorce in US but married in the Philippines. Because the Philippines does not have a domestic divorce law, many assume that a foreign decree is automatically valid.
Why Your Foreign Divorce Isn't Automatic in the Philippines
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 process is rooted in Article 26 of the Family Code. 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
The same principles apply to other major countries.
Divorce in australia recognized in philippines : A divorce in australia recognized in philippines follows the same judicial path.
Divorce in canada recognized in philippines : Similarly, a divorce in canada recognized in philippines requires limited liability corporation philippines the petitioner to present the Canadian Divorce Act as evidence.
Divorce in japan recognized in philippines : A divorce in japan recognized in philippines can include "divorce by mutual agreement" (Kyogi Rikon).
Rights of Filipinos to Initiate Divorce Overseas
Yes, a Filipino can file for divorce in a foreign court. In such cases, the parties may need to seek an annulment or a declaration of nullity in the Philippines instead.
Final Thoughts
Whether you are dealing with a divorce in australia, canada, or japan, the goal is the same: to align your Philippine civil status with your reality abroad.