Recognizing foreign divorce in the Philippines (Process)

There is generally no divorce allowed the Philippines, but a marriage between a Filipino and a foreigner is a special case. The Philippines will recognize the divorce of a Filipino  obtained abroad by the foreign spouse.

[Note: As of April 24, 2018, this rule has been expanded so that even if it was the Filipino who filed for divorce from the foreign spouse, that divorce will also be recognized in the Philippines.]

This follows from the second paragraph of Article 26 of the Family Code of the Philippines:

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law.

 

Contents

Do you need to have your divorce recognized?

How will the divorce be recognized in the Philippines?

What documents should you prepare?

What is the court process for the recognition of foreign divorce?

Can this be done while I am abroad?

How long does it take?

What are the costs involved?

 

Do you need to have your divorce recognized?

You were previously married, but your foreign spouse obtained a divorce. You now want official Philippine records to reflect that you are no longer married to your ex-spouse.

Do you need to have the divorce recognized in the Philippines? Yes, most likely.

A simple way to check is to make a request with the Philippine Statistics Office for an Advisory on Marriage or a Certificate of No Marriage (CENOMAR).

Since a clear CENOMAR is typically needed to get a marriage license in the Philippines, the result will inform you of where you stand.

Even if the CENOMAR comes clear, you may yet want to have your foreign divorce recognized. Although you might technically be able to have a wedding ceremony again in this country, legal issues concerning properties, legitimacy, inheritance, spousal support and marital rights will cause difficulties down the line.

 

How can the foreign divorce be recognized in the Philippines?

It is not a simple matter of presenting a copy of your foreign divorce decree to a Philippine government office.

Recognition is a judicial process where both the foreign divorce and the foreign divorce law need to be proven in Court. You will need to file a Petition for Recognition of Foreign Divorce with the Regional Trial Court in the Philippines. You will need to get a lawyer to prepare and conduct the case.

When you talk to a lawyer, you should disclose the whole picture to him, providing honest and complete details about your ex-spouse, your citizenships, your marriage and divorce. He will need to know the specific places and dates of events. He will also need clear, accurate copies of your marriage and divorce documents so that he can assess them himself. (Do not edit the facts or be afraid to disclose everything to the lawyer you consult. He needs to know these facts in order to do a good job. And a lawyer is bound to confidentiality by his Code of Ethics.)

Don’t be embarrassed by whatever you need to tell your lawyer. Don’t hesitate to ask him any questions you may have.

In the meantime, you can begin to put together some of the documents your lawyer will need to review and which you’ll eventually have to submit to the Court.

 

What are the documents you should prepare?

  1. Philippine marriage certificate/record if the marriage was in the country
  2. Official marriage certificate/record from the foreign country if the marriage was abroad
  3. Report of Marriage of a Filipino married abroad (if one was filed with the DFA)
  4. Official copies of your foreign divorce documents
  5. Certified copy of the foreign country’s divorce law
  6. Proofs of citizenship

Note that this is a general list. Depending on the particular foreign country involved, and depending on the particular case, there may be other documents necessary. This is because different countries have different divorce processes and different kinds of marriage and divorce documents.

These documents can be merely scanned copies when you first send them to your lawyer. The value of having these documents is firstly that they allow your counsel a clear view of the circumstances. Reviewing them will also allow him to advise you of what other documents you may need to get.

However, these documents will eventually have to be presented to the Regional Trial Court with the Petition. For it to accept these documents, the Court needs to be assured that they are genuine.

The Philippine documents will need to have been officially certified by the correct government office (Civil Registrar/Philippines Statistics Authority/Department of Foreign Affairs/etc.)

The foreign documents, on the other hand, will need to be certified by the correct foreign office and they will need to be authenticated (Red Ribboned) by the Department of Foreign Affairs or the Philippine embassy in the foreign country. If a foreign document is not in English, then its certified English translation is also needed and this also has to be authenticated by the DFA.

 

Can this be done while I am abroad?

Yes. That the petitioner is abroad while the case is being prepared can actually be beneficial. If foreign documents need to be secured in the foreign country, it is then often easiest for the petitioner to get them there herself.

Much of the remaining preparation can be done in remote coordination with your lawyer over the internet.

Once trial begins, the petitioner should ideally come to testify on at least one of the hearing dates. This hearing date can be scheduled well ahead of time to account for travel and leave limitations.

However, if it is not possible for the petitioner to testify, she can appoint a personal representative to appear on her behalf. The advisability of doing this will depend on how well and completely the documents presented can prove the facts of the case.

 

What is the court process for the recognition of foreign divorce?

After gathering the facts and the needed documents, the lawyer will draft the Petition for Recognition of Foreign Divorce which needs to be signed by the lawyer and sworn to by the petitioner. This Petition will then be filed with the Regional Trial Court in the correct city or province. Attached to the Petition will be copies of the relevant documents.

The case will then be raffled to one of the RTC’s branches in that city or province. The RTC branch that gets the case will check whether the petitioner or her lawyer have any family relation to the Court’s personnel, and take measures to preserve impartiality. Then the RTC will order that the substance of the Petition be published in a random newspaper once a week for 3 weeks. The case will be calendared for first hearing and notices of this will be served to the Philippine government offices concerned, to the last known address of the ex-spouse, and to any other required parties.

Proof that these notices were served needs to be shown on the first hearing date. After that, the lawyer will have the documents of the case marked into the record of the Court.

As you can see, this is a court process with extensive pre-hearing requirements. The trial itself requires the presentation of witnesses and other evidence, as well as written memoranda, before the Court will make a ruling.

The testimony of a witness will be through a judicial affidavit.  A judicial affidavit is used in order to speed up the trial. In a judicial affidavit, the lawyer’s questions and the answers of the witness are set into writing and notarized before the hearing. This way, no matter how long the written testimony is, under her lawyer’s guidance the witness will simply identify and affirm this judicial affidavit in Court in order to complete her direct testimony. She can then be cross-examined by the government lawyer to verify her statements. On cross-examination, she will be asked follow up questions about her marriage and divorce.

After all the evidence is submitted, the lawyer will submit to the RTC a legal document known as a Formal Offer of Evidence and also a final Memorandum. Absent active opposition by other parties, we will then await the Court’s Decision. The waiting after these submissions would probably take a few months because of the clogged court dockets.

Assuming it is favorable, the Decision can thereafter be registered with the civil registrar and the Philippine Statistics Authority for annotation on the marriage record.

 

How long does it take?

The trial can take about a year to about a year and a half to finish from date of filing. Apart from the notice requirements (service of summons and publication), the reason it can take so long is because of the heavy backlog of court cases. Philippine courts tend to handle many, many cases at any given time. Even though only a few hearing dates are needed in a Petition for Recognition of Foreign Divorce, these are sometimes scheduled months apart because the calendars of the courts are so crowded.

Also, sometimes side issues come up which need to be resolved so that the case can move forward.

While lawyers can ask to be accommodated by the Court with closer hearing dates, sometimes this is out of their hands.  What lawyers can assure is the quality of their work and their diligence in order to prevent avoidable delays. That is why it is important to make the most of every hearing date. By doing so, it may be possible to finish the case in a shorter period of time.

 

What are the costs involved?

A case for recognition of foreign divorce entails different costs.

There are the minimal fees to be paid to government offices for the certified copies of documents. Then there are the fees charged by the Department of Foreign Affairs or Philippine embassy for authenticating public documents.

When the Petition is filed, there is an initial filing fee collected by the Court. There is also a requirement for the publication of the Petition in a small newspaper chosen by the Court. There are other expenses associated with the court proceedings, such as for the court transcripts, photocopying, postage, and messengerial expenses.

A lawyer’s professional fees are dependent on several factors, among them the difficulty of a particular case, the logistics involved, how much further investigation and liasoning with government offices are needed, and other specific circumstances. Professional fees are divided into the lawyer’s acceptance fee for the case, by which he commits his time to study and analyze the facts, commits to represent the client, and to prepare the Petition for Recognition, the subsequent fees for the other written pleadings he must submit to the Court, and court appearance fees for each hearing. These fees are agreed on during the early consultations with the lawyer, after the circumstances of the case are better known.

 

Atty. Francesco C. Britanico

 

Related reading: Foreign divorce and the former Filipino citizen

220 thoughts on “Recognizing foreign divorce in the Philippines (Process)

    1. Hi. I discussed some citizenship issues in Foreign divorce and a former Filipino citizen

      The short answer is that dual citizens, foreigners and former Filipino citizens can also file a petition to have their foreign divorce recognized in the Philippines IF the divorce was obtained by someone not a Filipino at the time of the divorce. The law applies when “a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry,”

      The situation would be different if the divorce abroad was obtained by a dual citizen. A dual citizen is a Filipino. The Supreme Court has ruled that “an absolute divorce secured by a Filipino married to another Filipino is contrary to our concept of public policy and morality and shall not be recognized in this jurisdiction.” Bayot vs. Court of Appeals, G.R. No. 155635, November 7, 2008

      1. Hi.
        Is the process of judicial recognition of foreign devorce possibly takes long if my husband was dead 2 yrs ago and he devorce me already when he was still alive but then i have to recognize our devorce here in Philippines.
        How this process goes?

    2. Hi. I married last June 2011 to my Korean husband. After 3months of processing my spouse visa I went to Korea to live there with my husband. But as soon as I stay there he told me what are the terms and conditions of living there. Because I’m too young I feel a kind of betrayed and afraid. So I decided to leave my husband, I stayed illegally in Korea for almost 4years. Then immigration caught me then I got deported. Now 2years of staying here in Philippines but of until now my marriage to my Korean husband is still valid even though it almost 6 years now that we’re not living together. I need some advice on how I’m going to void our marriage here in Philippines. Thank you!

    3. Hi. I married last June 2011 to my Korean husband. After 3months of processing my spouse visa I went to Korea to live there with my husband. But as soon as I stay there he told me what are the terms and conditions of living there. Because I’m too young I feel a kind of betrayed and afraid. So I decided to leave my husband, I stayed illegally in Korea for almost 4years. Then immigration caught me then I got deported. Now 2years of staying here in Philippines but of until now my marriage to my Korean husband is still valid even though it almost 6 years now that we’re not living together. I need some advice on how I’m going to void our marriage here in Philippines. Thank you!

    4. Hi both Filipino married in the Philippines and spouse filed and granted divorce in Canada. Spouse re-marry a Filipino in Hong Kong. Is the spouse eligible to file a recognition for foreign divorce?

    5. Hi i have this case my boyfriend and i were planning to get marry we are both filipinos his divorce already in japan to her japanese ex wife and we decided to get marry in the philippines does he need to file a judicial recognition in foreign divorce in philippines?

      1. Yes, but at least one of the parties must be a non-filipino at the time of the divorce.

        It must then go through a Court Process to recognize it and then afterwards brought to the NSO for them to correct the civil record.

  1. To whom it my concern ,

    Hi this is RAchel from Denmark I have questions and hopefully you can help me. I got married her in Denmark and now been legally divorce from my foreign ex husband. Here at Denmark I can remarry under the law , first I want to change my last name to my family name but apparently at Norway /Phillipinnes Embassy said I need first to get the RECGONITION OF FOREIGN DIVORCE to fix it all. And now I am thinking if I want to remarry here at Denmark it is possible to do it or what? I have a fiance in Phillipines and we have planning to marry here in Denmark. And if ever I need a attorney to help my case about the RECOGNITION OF FOREIGN DIVORCE? I have no idea the cost involve and the processing at all. Hoping for a good heart to help me and for now thank you.

    Sincerely yours,
    Rachel

    1. Hi Rachel, I have same situation of your’s,,May I know what actions you have done,I will appreciate so much for your response about this. Thank You, Rhina

  2. Hi,im Bronte and i am Australian citizen.I been married in my Filipina wife in Philippines last August 2012,after few weeks of our marriage i came back here in australia because of my mom health condition.since then,we not see each other.last August 2016,i petition a divorce here in Australia under family law,and last November 2016,they grant the divorce already.how can i file a petition for recognizing foriegn divorce in the Philippines so if ever i can remarry again.and maybe you can help me to find a good Lawyer to help me.
    Thanks

  3. Hi ,

    My name is David and I was married to a Filipina for 8 years. We had an amicable divorce almost 4 years ago in the US, and I have had a new Filipina partner for the last year and a half and I want to marry her. I have all my necessary documents but would like help in getting the Cert of No Marriage, or the recognition if that is the process I have to follow. Can you assist?

  4. Hi, a filipino husband who moved to United States and obtained US citizenship. I want to divorce my filipina wife, who still lives in the Philippines but I am unsure where she resides. Can I place a publication in the area where I last recalled her at or what process do I take to effectuate a valid divorce. We were married in the Philippines in 1998 and have been separated since 1999.

    1. Hi. The divorce process itself is that of the US. You should follow the notice requirements provided by US divorce law. I do suggest that you do you best to find out where she is so that she receives notice of the proceedings and does not later oppose recognition of foreign judgment on the ground of lack of notice.

      1. Our divorce process requires us to place notice in the form of publication in the last know area of the wife. How can we place publication over in the Philippines so that it is valid according to our US law?

      2. I can’t speak for US procedure, but there are accredited newspapers of general circulation in the Philippines which publish such notices. These can be engaged to publish the notice according to the terms required. The publishers of these newspapers can provide you with an affidavit of publication accompanied by physical copies of their newspaper issues as proof of publication.

        You should consult with a US lawyer to confirm whether these will suffice.

        I do suggest that you also consider efforts to find your wife and have her actually receive and sign the notice if possible.

  5. Hi i was married to a SA citizen and we got divorced in South Africa, i would like to marry my fiancee in Philippines, however how much it will cost us and how long is the process the recognition o. my divorcee

  6. hi. were both married in the philippines. then we moved into canada. she change her citizenship to a canadian but im still a filipino citizen. we recently got devorce. now i want to marry again. how can i file a recognition for my devorce and is there a way to make the process faster. thanks

  7. Hi,

    My fiance and I plan to get married this January 2017 in Hong Kong. My fiance is a Filipino citizen and a resident of Canada. His previous marriage was to a Filipina but filed a divorce when she became a citizen of Canada and married a Canadian few years back. My question is,1. can we file for a petition for recognizing a foreign divorce? 2. If not, can he still petition me in Canada even if our marriage is done in Hongkong?

    Thanks for your help in advance!

  8. Hi ,

    My foreign boyfriend has been married with a filipina but he filed already a foreign divorce in their home country, the divorce has been approved in their home country and sent the divorce paper to the filipina. My question is that, my boyfriend can remarry now or there is more process to be settled?

    1. He can remarry, but probably not yet in the Philippines because his previous marriage here is registered in the central civil registry so that he would not be able to get a CENOMAR which most local governments require before issuing a marriage license. If he wishes to remarry inside the Philippines, he’d need to first get his divorce recognized here according to the process above. However, this doesn’t prevent him from having a marriage ceremony outside the Philippines.

      1. Thank you for your quick response. What if me and my boyfriend will get married outside the philippines,is it safe ? I mean the ex wife cannot file a case against us since the divorce paper not yet recognize in the philippines?

      2. If he is validly divorced in the eyes of his national law, then he is free to remarry. For practical reasons, the second marriage should not take place in the Philippines, but it still will be a valid marriage if celebrated abroad.

      3. But their marriage with the filipina is no longer valid in the philippines?l or they are still married even the foreign divorce has been approved by my boyfriend’s country? Or is it like he is married with two?

      4. His marriage with the Filipina is still on record, but he really is divorced. It’s just that, for the Philippines to officially recognize the divorce and amend its records, the process outlined above is necessary

      5. But the filipina ex wife cannot file a case against us in the philippines if we will get married (outside country)?

      6. But I will be able to process our marriage certificate in the Philippines ?? Because I will need that later on to change my last name in my passport. We need marriage certificate from PSA. Is it possible ?

  9. Hi My question is that, since my boyfriend is a foreigner and got married in the philippines with filipina, It is not registered from my boyfriend’s home country that he is married so it means that their marriage is only registred in the philippines, He can still file for foreign divorce? Can you please help find an answer on this?

    1. Not all countries have a central registry for marriages. What’s more, a country can choose to assert authority to grant a divorce even if the marriage had not previously been registered with it. It’s entirely up to the laws of the country in question whether or not it will do so.

      1. So my boyfriend can still file the divorce in their home country about his marriage with the filipina even it is not registered in their home country? he can still apply that?

  10. Hi

    I am foreigner and me and my filipina wife decided to go our separate ways. I need help with a lawyer to assist me with the legal process to have the divorce acknowledge by the Philippines courts.

    Please advice

  11. Hi my foreign husband and i decide to separate but we’re married in Philippines. And now i am living here in Philippines and I want to file for divorce. What should i do? Please help.

  12. Hi ,

    Me and my Ex-Wife has been married here in philippines but she filed already a foreign divorce in australia to get married with her fiance there, the divorce has been approved in their home country and sent the divorce paper to me here in philippines. My question is that, can i remarry again now here in philippines is this legit or there is more process to be settled?

    Thanks

  13. Hi,

    I’m a Filipino but became Canadian Citizen when I was in high school. Now here’s my situation. I married a Canadian Citizen in Canada but due to circumstances I divorce her. We also filed our divorce in Canada and got approved.

    I came here in Philippines to marry my GF. I have a Statutory Declaration from Canadian Embassy indicating that I’m divorced and can re-marry. But when we submit our papers in local registry to file for Marriage License, they required me to get a Recognition of Divorce.

    My question is, do I still need to get it? I’m married to a Canadian Citizen and I’m also a Canadian Citizen when the marriage and divorce happens.

    Please help me!

    Thanks!

    1. Hi. It appears that your first marriage was recorded in the civil registry. That cannot be changed except through a court order. This means that so long as a Certificate of No Marriage is a requirement for your marriage license, you cannot remarry in the Philippines unless you do get recognition of foreign divorce.

      1. Thank you for the reply. I forgot to mention that marriage was happened in Canada and not in Philippines.

      2. I would also like to reiterate that we are both canadian citizen and got married in canada and after that we got divorce in canada. Do i still need to get recognition of divorce eventhough the marriage didnt happened in philippines? And the fact that my ex and I are both canadian citizen when the marriage and divorce happens in canada? Thank you soo much!

  14. My wife was a Philippine citizen working and residing in Hong Kong where she filed for divorce from her Philippine husband. She was granted that divorce and we married in Hong Kong and I filed a spousal visa for her to come join me in the United States. She is now a US citizen. I know her divorce is not recognizable in the Philippines, so am I right in assuming that she has no way or regaining her Philippine citizenship and becoming a dual citizen?

    1. Hi. She may be able to reacquire Filipino citizenship, but think this question is better addressed to your local Philippine consulate/embassy. However, if she means to hold property in the Philippines in the future, her prior marriage can pose difficulties re conjugal property.

  15. Hi Lawyers in the Philippines first off i want to thank you for taking the time to reply to everyone and hopefully you have the time to read over my situation and advise me.

    I’m an American Citizen and I plan to marry my girlfriend who is still a Philippine citizen but has been a Slovenian resident for over 10 years. She was married civilly in the Philippines to a Slovenian…Living for many years in Slovenia she then filed for divorced in Slovenia and was granted the divorce. Now my question is what do you suggest we do to have her divorce recognized in the Philippines or annulled, does the fact that she was the one that filed for the divorce and not him create any issues?

    Would it be a total time saver and money saver to just have her come to the United States and for us to get married here?

    Our original plans are to get married in Slovenia.

    Thank you for your time and effort

    1. Hi. Recognition of foreign divorce would not be possible under the circumstances because she and not her ex-husband was the one who filed for divorce. Annulment might be availing depending on the situation, but it would take time. For your purposes, you may be better served looking into the requirements for marriage ,and its ramifications, in Slovenia or in the US and getting local legal counsel at either place. Best of luck.

  16. Hi. We’re married in the Philippines (both Filipinos) and separated for more than 10 years (without legal separation) then I moved in Canada and he’s still in the Philippines. I filled a divorce in Canada and just got the final divorce decision. How can I change my name in my passport to my original surname? Approximately, how much should it cost me? Do I need to go back to the Philippines to do the process? Thanks.

  17. Hi im rachel. Im married with thai husband…
    We will file divorce soon. There are two kind of divorce in Thailand… we will get the uncontested divorce.. where both agree to divorce and no property settle or no need child custody settlement. This uncontested divorce is acceptable in Philippines? Can i use this one to apply for recognition of divorce? I know i have to translate the divorce papers in Thailand to English and get stamp in DFA and file it to philippe embassy. My concern is… if uncontested divorce is acceptable in Philippines. ..how long it will take? And approximately how much? Thank you for your time…

  18. Hi. Planning to file a Petition for Recognition of Foreign Divorce in the Philippines. Me and my ex, who was still then a Filipino citizen, got married in the US. It was not registered with the Philippine Embassy in California nor in the Philippines. (I was even able to get a cenomar) I, however, started using his surname in all my government records once I got back to the Philippines. We eventually broke up. He thereafter acquired US citizenship, then filed for divorce, which was granted. My question is, since there is no entry to correct in the civil registry, would I still need to include the PSA in my Petition? Also, would the decision of the court suffice to order the government agencies where I used my ex spouse’s surname to change my records back to my maiden name? Would appreciate your opinion. Thanks.

  19. Hello. I’m a Filipino citizen and was married to an American in Japan and Divorced in Japan in 2006.
    I am in the Philippines right now and How can I get my divorce recognized here in the Philippines?

  20. I already receive the the certificate that the divorce order has taken effect, from federal circuit court of australia and as it says the divorce as already effect 15 of july 2017 that my wife who lives there filed and completed.. do i have anything to process here in philippines so it can be credited here in philippines and i can be remarried again?

    Thanks in advance

  21. Hi
    I am filipina and My husband is american if he file the divorce againts me can i get spousal maintenance? I am total dependent him. My relationship to him been almost 10 years but we get married last year 2016. My husband told since no divorce in the philippines cant get the alimony it is true? Please advise me. Thank you!

  22. Hi
    I am filipina and My husband is american if he file the divorce againts me can i get spousal maintenance? I am total dependent him. My relationship to him been almost 10 years but we get married last year 2016. My husband told since no divorce in the philippines cant get the alimony it is true? Please advise me. Thank you!

  23. I am a Filipina and was divorced from my American husband in 2012 in Thailand. When is the partial divorce bill going to be implemented? Would it be easier to wait for that law to take effect than do all the process of filing the divorce obtain in a foreign county in order to remarry? Thank you.

    1. Hi. There is still no general law on divorce in the Philippines. Bills have been proposed since in every iteration of Congress for the last decade. Perhaps one will finally pass under this administration, but I simply can’t say.

      Specific to your question, it’s worth noting that the proposed bill now being debated in the House of Representatives also requires a court proceeding. If the bill passes into law, the Supreme Court will have to draft and issue rules of procedure to govern how divorce cases are conducted and resolved before they can be filed and tried.

      You can find the text of the proposed bill here:

      http://www.congress.gov.ph/legisdocs/basic_17/HB06027.pdf

    2. Hi,

      Who filed for your divorce? I think if the foreign spouse filed for it, it will be recognized. I have a similar situation. Now, I think I have to get a lawyer and file for Petition for Recognition of Foreign Divorce. From what I gathered this will take more than a year. I haven’t seen a case like this so I am not sure if this will really be granted by the court easily.

      I hope you could update me too on how your case will be filed. Thanks!

  24. hi,
    is their any chance that the court decision and finality will be out before a year?do we need to provide the Foreign Divorce Law(of the country where the Divorce was granted) as part of the requirements in submitting to court…

    thanks,
    JJV

  25. Hi,
    Two filipinos migrated and got married in the US. After a few years they got their american citizenship. Years later they came to the philippines for a vacation and got married in church. Few years after that they divorced (in the US). My question is, is there a need to file for a petition for recognition of divorce here in the philippines if they are both american citizens when the divorce was finalized? If one of them decides to marry someone here in the phils at this time, is there any legal impediment ?

  26. Helo po.. filipina po ako married japanese husband here in d phils..husband went to japan obtained divorce… .saan pong rtc ifile ung petition for d recognition of divorce decree..sa residence ko po or sa place of marriage namin? Salamat po ng marami

  27. Hi, i am married to a Canadian, marriage took place in Philippines. I am in a permanent resident in canada now, i am under very bad situation at the moment, we are living together In Canada, but he is having a relationship with another girl from a different country. He went to Nigeria and have a relationship to another woman there, i also found it he is supporting the woman financially and he is going back there again. He then told me that polygamy for him is not a sin/bad thing. p.s I he is Christian and we were married on a Christian wedding.
    i cannot live in this situation any longer where love and respect is gone, what is the best I can do?
    he told me that he thinks what he is doing is okay and that if i cant handle this then its up to me, and he said but for him he is not doing any divorce.
    that being said , if ill be the one to file for a divorce for sure he will not sign to it.
    kindly advice

    thanks

    1. Hi. I’m sorry about the circumstances. If you are a Filipino citizen, a divorce unilaterally filed by you will not be recognized by the Philippines although it may be recognized by a foreign country like Canada.

      Because this situation may involve questions of Canadian immigration law, it may be best that you consult with a Canadian lawyer on that aspect. Best regards.

      1. Thank You Sir for your reply.
        I can divorce here in Canada, yhea but the problem after then when i go back to PH i will still be married and with his last name. which is sad on my part thou, Yes Sir going to set an appointment with a lawyer here really soon.

        thanks for your help.
        More Power

  28. Hi, I’m looking for a legal advise.

    My parents have been married for 23 years, and separated for more than 10 years. My dad went to LA earlier this year and filed for divorce in a US court (They are married here in Manila). Would like to know if that is possible? And what would be the possible outcomes for this.

    Thank you!

  29. Hi, Im mylene and need advice on what to do. I have a copy of dissolution of marriage to my ex foreign husband, I need to have it recognized as I am residing back here in the Philippines. HOw much doe it usually cost to file and process this petition for recognition of a foreign divorce decree? I badly need your assistance. thanks

  30. Hi,

    My situation is I already filled a dissolution of marriage here in California and I’m a US citizen. The marriage by the way took place in Philippines when I was still a Filipino citizen.

    What are all the requirements I need for me to start the process of recognition of divorce decree in Philippines?

      1. The general requirement is that the Philippine embassy in the foreign country authenticates (red ribbons) the foreign law after a certified copy of the law has been acquired from the appropriate person or foreign government office. The particulars vary according to the state and the embassy.

  31. Hi could you please email me what I can do with this situation, as well as a good lawyer contact for filing.

    X husband (US Citizen) and I (Dual) filed divorce oct 2013 in Los Angeles County superior court under summary dissolution, wherein both parties filed the divorce together, the case was approved around April 2014. We have declared our marriage through the Philippine embassy, and have had my Philippine passport name changed. I didn’t know i was getting a divorce thereafter. I just want all my paper work to be the same in both countries. I haven’t talked to my x husband since 2014. I would like for him to have no involvement in my name change, if possible. How do i proceed? What is the probability of this being approved provided it states above that the foreign spouse should file divorce, as we filed it together, amicably? What is the cost?

  32. Hi. I’m married to an Indian and got married in India however we have came to a decision of divorce after 5 yrs of marriage. We are not living together for 2yrs now and wanted to make it legally file for divorce in his country. Under a special act of Indian law, we can apply for a divorce by mutual consent. I’m just wandering if in this case it will be recognized in Philippine constitution under divorce by Foreign spouse.

    1. Hi Jhaira. The Supreme Court has not given a rule for this specific situation. However, it is my opinion that both the reason for and language of the law support recognition of this kind of divorce between an alien spouse and a Filipino.

  33. Hi,
    i just want to ask, my boyfriend (foreigner) is already divorce to his filipina ex-wife, he wanted to file a recognition of divorce in the philippines, can he do that by mailing or he needs to fly in the philippines and have a lawyer to file the recognition of divorce petition? thank you!

    1. Recognition is a court process which requires a lawyer. The petitioner can send the documents to the Philippines after signing the notarized petition prepared by the lawyer, but he would ideally come to the Philippines at least once to testify during the course of the trial.

      1. Hello Attorney,

        I am seeking for an advise on how the “Annotation on the effects of divorce declared in a foreign country” works.

        My husband, an American citizen was married in the Philippines with a former Filipino citizen. His ex wife moved with him in the US and got her US citizenship in 2008 through naturalization. They got divorced in 2015.

        This year, me and my husband got married here in the United States and wanted to re-marry again in the Philippines soon. I am still a Filipino citizen. Could you please advise what we should do to VOID the previous marriage of my husband in the Philippines?

        Thank you so much in advance.

  34. Or does the Philippine Statistics Authority will recognize their “divorce” since they are both a US citizen when the divorce took place?

  35. Hi I am a Filipina and my ex-husband is Singaporean. We already divorced last 2015 in Singapore and now I want to file this ‘Recognizing foreign divorce in the Philippines’. I already have the necessary documents but I am having a difficulty to have the item no. 5 (Certified copy of the foreign country’s divorce law).

    I already asked the Family Justice Courts in Singapore, Philippine Embassy of Singapore, Singapore Embassy in Philippines and Attorney-General’s Chambers of Singapore but none of them can provide me this.

    Would I still be able to process my case even without this? Please help.

    1. It is indispensable. The foreign law must be proven by offering its text in evidence to the Philippine court. I’ll send you an email.

  36. I am having the same problem. The library in Japan Embassy has a book on Japan Civil Law (Divorce Law), but they refuse to authenticate it.

    1. You typically have to get this from Japan, have it translated and certified, and then have the Philippine embassy authenticate it there.

  37. In San Francisco CA I’m also having problem to get the certified copy of divorce law of California. Did you have any case same as mine?

  38. Hi Atty.
    Im currently leave here in the US, a US citizens. Kumuha po ako ng lawyer dyan sa Pinas 5 yrs. ago to filed a case para marecognized ung divorced ko, but until now they can’t give us an update.1st they said they make a wrong filing, and now they said they waiting for the decision of the higher court. My partner wants us to get married in the Catholic church dyan sa Pinas, ano po ba dapat nmin gawin? need po ng CENOMAR sa church. Thank you.

    1. Hi. The first, best thing is to get in touch and speak with your lawyer at length about the status of your case. Ask him about what to expect, and to explain the next steps to you clearly.

      The priest will likely insist on a marriage license, which typically does require a CENOMAR.

  39. Hi. I just want to asked my case I’m Divorce to my Jordanian husband in Dubai where we get married also. Our marriage is register in the Philippine embassy. Now we are divorce but we are back together. Is the registered marriage in the Philippines a valid document to show that we are still married even we are divorce in UAE? Please send me an advice through my email provided.

  40. hi…
    Me and my leave in partner were been together for almost 10 years now.We both wanted to get married soon after my previous marriage was annulled by the court here in PH.Our problem is, he is a Canadian citizen who was previously married to a Filipina in Pasay city and since their marriage doesn’t work out,the Filipina itself, when they were living in Canada filled a divorce there for the intention to get married again to a Canadian citizen.Now,problem occur since I found out in the NSO that his previous marriage still exist here.We now live here in ILOILO CITY…my question is;as a foreigner or alien in our country is he allowed to file a divorce recognition in the Philippines as well as can he allowed to file it anywhere in our country or is it needed to filed in PASAY?I appreciated your legal reply to help solve our problem….best wishes

  41. Hi. I got divorced to my Bahraini husband. He is Muslim and our divorce in Sharia court only took 3 days. What is the process and needed documents for me to get annul in Philippines. Our marriage was reported in Philippine Embassy. Hope you can help me with this.

  42. Hi
    I need some advise regarding my case. I
    Had a previous marriage in Philippines, i filed a divorce in Canada when I’m still working as a nanny and my divorce was granted year 2010. I’m a Canadian Citizen now and would it be possible that I can re marry in Philippines to a Filipino Citizen? What are things that I need to do to be able to get marry? Highly appreciate your help and hope to hear from you.

  43. Hi, I need some advise please. My husband is foreign and I’m Filipina with 3 kids. We get married in Philippines on 2009. What are the procedure / requirements to get annulment and settlement with my kids.

  44. Hi Sir/Ma’am,

    I just want to ask about my case. I’m divorced to Korean Citizen and I already started filing the Recognition of Divorce in Philippines almost year and half already. I followed all the requirements needed and had cross examination once already in prosecutor. First we almost finished with my cross examination then suddenly the prosecutor asking for original copy of my divorce which the court ordered to my Atty. to submit in Manila City Hall thats why the documents they had is the xerox of my original documents so the hearing rescheduled again just to request to get the original copy of my divorce and all the other documents in Manila City Hall. The day of rescheduled court hearing I can’t be able to attend because I’m pregnant and I can’t fly back to Manila. So when my Atty. represent all the original documents including the korean to English translation with notary of all,Ministry of Foreign Affairs in Korea Stamped, Divorce Law in Korea and Philippine Consulate Red Ribbon. The prosecutor again asked why the judge in my Divorce Paper that given by the court in Korea was not signed? So they rescheduled again my court hearing date. I don’t really have any idea how to process this Recognition of Divorce. In korea almost system in the goverment are computerized. In my Divorce Paper that was given to me was signed through stamped by the court. That stamp sign means its from the court and theres no need for the signature of the judge. When translated it into English it was notarized that all documents are original.
    I do hope Sir/Ma’am that I can get any possible solution for this. My friend in Korea inquired about this in Korea Court but they told her the same thing “no need for judge signature” Court stamped will proved. I’m currently living in Japan now and I can’t just fly back in Philippines because I’ll be in my 6 months and half for my next hearing schedule.
    I just don’t get it because almost Filipina that I asked who already had their Recognition of Divorce in Philippines they submitted the same documents that I have there in Philippines but no problem at all.

    Pls. advise me about my problem.

    Thank you so much.

    1. Hi, I’m sorry for your trouble. I can’t really comment on another lawyer’s case like this. It’s probably best if you speak with your lawyer about these issues. If you’re abroad, it is important to schedule time to speak with your counsel over the phone/internet so that he can clarify what’s going on in court.

  45. Hi! Just want to ask a question. I got my Foreign Divorce but did not file for recognition in the Philippines. Does it means my divorce is invalid? Second question – if I reacquire Filipino citizenship on the same status will my divorce lose it’s validity? Hope you could help me on this matter for clarification. Thank you

    1. Assuming it is valid under the law of the foreign country, then it is valid. It is simply that it is not given recognition in Philippine records unless the judicial process is accomplished.

      There is no jurisprudence directly addressing your second question, but note that the determinative consideration is citizenship at the time of the divorce.

  46. Hi, I need some help. I am married in the Philippines an American guy on 2009 and when I come to US he divorce me. I have a red ribbon with me here and I need to bring it to the court to recognized it. after few year of being divorce I am married in the US and the first husband of mine, let say ex is married again in the Philippines. I am still his legal wife in the Phils can I file him a bigamy both of them. He divorce me in US but married in Phils.

    1. Hi. Based on the facts given, I do not believe that a bigamy case can prosper. Case law seems to go against it. For example:

      In Pilapil v. Ibay-Somera where the Court recognized the validity of a divorce obtained abroad. In the said case, it was held that the alien spouse is not a proper party in filing the adultery suit against his Filipino wife. The Court stated that the severance of the marital bond had the effect of dissociating the former spouses from each other, hence the actuations of one would not affect or cast obloquy on the other. (San Luis vs. San Luis, 2007)

  47. hi i am filipina and i got married to my us army husband in 2010. we actually applied for a married visa and on the half of the process my husband got in a very big trouble and he in jain starting 2011. I was patiently waiting for him but the court decision was for him to be in jail for 16 years and that result came by 2013. the only communication we had was sending letter through mail which is so hard because i have no way of how to talk to him. then they transfer him to other jail and we never talked after that. now i can finally say i move on but i don’t have any easy way to have an annulment cause its too way expensive for me. what advise can you give me sir/maam? is he already put me in the system as i am married to him in the army or in the us? he was a us soldier and as i remember he put me in the us army system as his wife. should i asked him to file a divorce in the states so it will be easy? can you send me an advise to my email? thank you in advance.

  48. i was married in the phillipines in 2005 but in 2015 officially divorced in the netherlands. my marital status is now single here.
    If I want i could marry again here, however
    will it be possible for me to re-marry a filipina in the philippines although the previous marriage is still registered there, but all my dutch papers will state i am single.

    1. You will probably run across an administrative barrier in the Philippines in that you would need to secure a marriage license from the city/municipal hall in order to marry your fiancée.

      Most local governments require even foreigners to submit a Certificate of No Marriage from the Philippine Statistics Authority as a prerequisite for issuing a marriage license.

      Since you have a marriage record in the Philippines, you cannot be issued a CENOMAR until the previous marriage is canceled in the civil registry. Such an amendment of the record requires a court case for the recognition of foreign divorce. Lacking a CENOMAR, you likely cannot be issued a marriage license and thus cannot remarry here.

      You could get around this issue by marrying her outside the Philippines, but I cannot speak to the marriage requirements of other countries. However, please note that at least some European countries (for example, for purposes of immigration to Europe) have an additional requirement that the previous marriage’s divorce is recognized in the Philippines before the subsequent marriage is itself recognized.

      1. thank you for your reply what papers do i need do i have to go to the phil embassy in my country (netherlands) with my dicorce papers?

  49. Hi Atty,

    I am looking for a lawyer for Recognizing foreign divorce in the Philippines . I am a naturalized Australian citizen and no longer Filipino prior my marriage to my former Australian husband however we were married in the Philippines. We are divorcing each other this March and I want to prepare for the process case in the Philippines, are you able to kindly communicate with me in email regarding your services?

    Thanks in advance,
    Anne

  50. Hello: I am A US born citizen. My girlfriend is Filipina. She resides in Japan and currently has a resident card in Japan aided by the marriage to a Japanese citizen. She is now divorced. She holds a Filipina Passport in her married name so that implies her marriage was reported to the Philippines. We would like to get a US Fiance Visa (K-1) for her to come to the US. I’m assuming we would need to clear her name in the Philippines before applying? Assuming we would need to get a CENOMAR, what would be the cost? Is there any other possibilities that you see to expedite or avoid the CENOMAR process? IE: Obtaining passport in Japan, possibility US might not need a CENOMAR since she is a Japanese citizen with divorce papers, etc ???

  51. Hi,

    Good day!

    I would like to inquire about the possibility of remarrying after the divorce. I have a dual citizenship, South Korean and Filipino. I have already divorced my South Korean husband. With my South Korean citizenship or as a Korean, will I be able to remarry with a non-filipino citizen? Or what are the things that I have to settle first or what happens to my previous marriage in the Philippines?

    Thanks in advance.

  52. im a filipina and im the petitioner of the divorce with my singaporean ex hubby, i would like to ask if i can file for the recognition if divorce here in phil since i am still legally married here it seems. i was wondering too if i can get married outside the philippines if i will just show my divorce papers but what would have happened to my passport if i want to renew it since it still bears my ex hubby last name.

  53. HI, me and my Filipino spouse now decided to to separate less than year of marriage by mutual consent. I just got my Probationary Resident status here in The Philippines. I am currently based here and working. What shall I do? She is firm with her decision to divorce.

  54. Hi. The guy who is a Filipino at the time married a US citizen here in the Philippines. Subsequently, he became a US citizen. After some time, they got a divorce in the US.

    Now that he is a US citizen, he wants to marry a Filipina here in the Philippines.

    Question: He will still need court recognition of his divorce decree, right? Because the record of his previous marriage was registered here?

    1. Yes, he probably will if he intends to marry in the Philippines. The CENOMAR is typically a requirement for a marriage in the Philippines whether you are a foreigner or a citizen.

      1. Thank you for your reply!

        Isn’t the the Affidavit in Lieu of a Certificate of Legal Capacity to Marry issued by the US Embassy equivalent to a CENOMAR since he is legally a US citizen and no longer a Filipino citizen?

      2. The requirements depend on the local government from which the marriage license will be obtained. I suggest you check in person with the particular city hall.

  55. Good day! Im married with Nepalese citizen, hes threatening me that he will file a divorce in his country in Nepal. Were both married in Philippines 2016, is it possible to divorce me if he file in theyre country?

    1. Yes, if it is valid under the law of Nepal for him to do so then that divorce can be recognized here.

      1. If he hasn’t divorced you yet, and the law of Nepal also does not allow bigamy, then he may be legally liable.

        I’m afraid I can’t answer specifics without more information about the facts. You may want to discuss the situation further at contact@lawyerphilippines.org

  56. Hi.i am a Naturalized British citizen and Divorce but not yet recognise in the Philippinesand wanted to have a housing loan in pag-ibig.Will my ex-husband has the right to claim my property? I’ve been advised foreigners cannot own a house and lot.Pls.advise.
    Pls.note also I’m still using my married name but how can I change this to my maiden name?
    I sent you email also.thank you for your help.

  57. Hi! I am previously married here in the Philippines with an American. I am finally divorced in California, through his initiative. My question is, do I need to get my Foreign Divorce recognize here even though I will be marrying an American again but will apply fiancé visa from our embassy here? Thank you in advanced for you me answer.

    1. You will need to present proof that your California divorce is valid. Will send you an email.

  58. Hello. how much is the recognition of divorce cost in the Philippines? Filipina married to a canadian in the phillippines and ex-husband filed a divorce in canada. I have all the needed Documents. thank you

  59. Hi LAWYER IN THE PHILIPPINES.

    I just want to ask some questions. Hope you could help me.
    I got married here in Philippines in 2015 to an Australian guy but separated for a year now. He’s in Australia and I’m still here in Philippines.

    My ex husband was also got married here to a Filipina 15 years ago but got divorced in 2014 in Australia, but he never apply for recognition of his divorce decree for his previous marriage before we got married. And the city hall where we applied for marriage never ask for his CENOMAR or maybe they thought that he was married in Australia that’s why they never ask for his CENOMAR.

    So my question is,since he never apply for recognition of his divorce decree here in Philippines before we got married, does it mean that he’s still married to his ex wife, and is our marriage valid or not even if we have record in NSO that we are married?

    Thank you!

  60. Hi. I would like to ask regarding divorce acquired abroad. My partner has been separated for 9 years and his wife is in US now. She filed divorce in the US last year but she was not yet US citizen that time. How’s the chance of having their divorced approved here in the Philippines?

    1. I’m afraid that the divorce cannot be recognized in the Philippines if she obtained it while she was still a Filipino citizen.

  61. HI, how much is the recognition of divorce cost in the Philippines? Filipino married to a australian citizen here in the phillippines and ex-wife filed a divorce in australia. I have the copy of the certificate of divorce acquired from her. thank you

  62. I am Canadian Citizen and was married in the Philippines. The relationship did not work out and I received a Canadian divorce from my Filipino wife which I initiated. I have met a new woman in the Philippines and want to know what I would need to do to marry again in the Philippines.

  63. good day, I’d like to ask, my Filipino friend from Canada got married way back 90’s to a Filipina and they got divorced in Canada, it was 8 years ago.. Now, he planned to get married in the Philippines again to a Filipina, He is already by the way a Candian citizen and not a Filipino citizen anymore. Can the divorce paper be valid if he wants to remarry in the Philippines? or does he need to do things to get this marriage be done? thanks

    1. The divorce must have been obtained by a foreign citizen. For this reason, the citizenship of the person at the time he/she got the divorce will control whether or not it can be recognized in the Philippines.

      If it can be recognized, then it will have to go through the court process if he/she wants it recorded in the Philippine civil register.

      1. thanks.. you mean it is needed for him to go through annulment process in the Philippines even if he already got the divorce paper a long time ago in a foreign country? or does registration or petition of divorce in the foreign country is enough to remarry again?

      2. I would need to know more of the facts in order to say. Will send you an email.

  64. Hi,

    I am a Filipino living here in PH and married to a US Citizen for 12 years now. She’s currently living in California. We got married here in the Philippines. Just recently in the news the Supreme Court here in PH voted and agreed that the divorce obtained by a Filipino against a foreign spouse is valid.

    http://newsinfo.inquirer.net/984949/supreme-court-divorce-obtained-by-a-filipino-against-a-foreign-spouse-is-valid

    I want to know what are my options in filing for a divorce?

    Will the US Embassy here in PH be able to help me with my case in filing a divorce or I should file one myself in California?

    The thing is my wife in the US doesn’t seem to cooperate, she has all the excuses that she will file but to no avail she didn’t and nothing was filed, thus our situation is unable to move forward.

    Thanks! Hope you can shed light regarding my concern.

  65. I am a Filipina, and I have an American boyfriend and we’re planning to get married. However, I am still “techinically” married here in the Philippines. I have been separated from my ex-husband for 5 years. Can we file the divorce from anywhere (state) in the US? My boyfriend lives in Louisiana and I know all the states there have different laws so we were wondering if the Divorce can be filed in Louisiana? Thank you in advance!

    1. The different states have different jurisdictional rules. You’ll have to check the divorce laws of Louisiana and their rules of court procedure to see if they allow such a filing.

      But note that for Philippine recognition of divorce, at least one of the spouses must be a non-Filipino. A divorce obtained abroad between two Filipinos will not be recognized in the Philippines.

      1. You’re welcome.

        Because of the jurisdictional requirements, you may have to consider filing for divorce in your husband’s home state.

        Note that you will still need to have the divorce recognized in the Philippines.

  66. Hi there, I am a British citizen and I married my Filipina wife both in a civil and church ceremony in the Philippines. Things didn’t work out as expected and the relationship broke down.
    Could you please advise me the process for divorce? As far as I’m aware there is no record of my being married here in the UK as the marriage is not legally recognised here, but I don’t like the idea that I’m still married according to Philippine law.
    Also if I obtain a divorce, would I be able to marry again in the Philippines?

    I’d be thankful for any advice you can offer

  67. 2016 i was married to american in a civil ceremony here in philippines. Things didnt work out and we both decide to separate, he filing atm for divorce in USA and his legal counsel send me an email for me to sign a waiver.. im so confused whats a waiver and i need a legal opinion on this before signing the said document and email back. Pls help thanks.

  68. Hi i got married in the philippines in 2013. My wife has been living with me in the uk, however the marriage broke down and our divorce is almost complete here in the Uk. I may look to re marry again to a filipino in the Philippines. What process would i need to do so i could re marry there.

  69. HI
    did marry in the PHILIPPINE 30 years ago then we both divorced in AUSTRALIA 12 years ago with legal original papers now do live in the PHILIPPINE and retired in CEBU has an AUSTRALIAN now love to remarry again with my PINAY girl friend so what will be my best option not to encounter problems at the procedure .
    many thanks

  70. Hi,

    I am a Filipino living here in PH and married to a US Citizen for 12 years now. She’s currently living in California. We got married here in the Philippines. Just recently in the news the Supreme Court here in PH voted and agreed that the divorce obtained by a Filipino against a foreign spouse is valid.

    http://newsinfo.inquirer.net/984949/supreme-court-divorce-obtained-by-a-filipino-against-a-foreign-spouse-is-valid

    I want to know what are my options in filing for a divorce?

    Will the US Embassy here in PH be able to help me with my case in filing a divorce or I should file one myself in California?

    The thing is my wife in the US doesn’t seem to cooperate, she has all the excuses that she will file but to no avail she didn’t and nothing was filed, thus our situation is unable to move forward.

    Thanks! Hope you can shed light regarding my concern.

  71. Hi Lawyers in the Philippines I have the same case with Rachellem Sørensen
    may 26, 2017 If you could please email me the details this would be so kind of you to help me
    . Thank you.

  72. Hi,

    I would like to request you some information. I am married to a Filipino and we have decided to part ways as we have a lot of differences between us which are difficult to settle with. We have been married for more than 5 years and have no kids . We got married in the Philippines but I am a foreign national. I would like to know how to proceed with a divorce in this case. I am able to get the divorce in my current country of residency (I am an expat here) and provide that with my Filipino wife to take it to her country for any legal process required. In this case do I need to be present in the Philippines when she produces the divorce documents obtained from the current country of residency ? Is the process I mentioned above a valid approach ? Am I able to request your service in this case and if so how I should go about doing it ? I have just informed my wife about the reasons few weeks ago and the willingness to part ways with her , though she is upset about it she also understands why it is needed. Please let me know some information about how to proceed.

  73. Hi,

    I would like to request some information on behalf of my partner.

    She is a Filipino (also a Singapore PR) who is married to a Foreign (Singapore/Chinese) Citizen, they were married in the Philippines around 8 years ago but have been separated for almost 3 years now. What is the process for getting a divorce/annulment whilst living overseas.

    After reading many cases above, can she just file for a divorce here in Singapore and then Remarry?

    We await to hear a reply from you with further information and details of how to go about this.

    Regards

    1. I’ll send you an email that goes more deeply into this, but in brief —

      The most recent decision of the Supreme Court allows her to file for divorce there in Singapore.

      She may also remarry there if she can do so in accordance with Singaporean law, but she would need to file for judicial recognition of foreign divorce in the Philippines for both her divorce and her subsequent marriage to be recognized here.

  74. Hi Lawyers in the Philippines,

    I’ll try to put dot points for easy understanding:-

    Historical:-
    1) My Filipina girlfriend married to a Filipino man about 10 years ago in Manila;
    2) 7 years ago the husband moved to the USA to work, but has since lived there as an illegal (overstaying);
    3) He filed for Divorce in the US Courts, and got the Divorce Decree/Certificate from USA;
    4) She has been living in the Philippines all these years but is still legally married in Philippines;
    5) He does not intend to come back to Philippines and plans to remarry in the USA in order to get the US Green Slip eventually;

    Present:-
    1) I am an Australian Citizen;
    2) We met in Sydney when she was here on holidays in mid 2016;
    3) I’ve flown to Manila to be with her 14 times in the past 20 months (I worked for Qantas so I get really cheap flights);
    4) We’ve officially been dating for almost 2 years and plan to bring her to Australia as a Partner/Spouse Visa (which allows De Facto Relationship);
    5) I’ve spoken to Filipino lawyers/migration Agents here in Sydney and they told me that since she is divorced in the USA, and her ex husband is now an illegal immigrant and can’t be found in the USA, therefore the Australian laws will allow her to remarry here and recognizes the US Divorce Decree;

    Question:-
    1) I noticed that a lot of marriage overseas require a Certificate of Single Status, or Certificate of No Impediment – hence would this be an obstacle from obtaining this Certificate from the Philippine Embassy since she is still considered married in Philippines?
    2) Will she be considered free to remarry me since her ex husband has moved to the USA and is currently an illegal and do not intend to move back to Philippines?
    3) What are you thoughts about the situation we’re in?

    Thanks

    1. 1. She will not be able to obtain this document if her marriage is recorded in the Philippine civil registry.

      2. She remains married to him under Philippine law. I cannot speak for Australian law.

      3. The divorce he obtained is invalid under Philippine law. I cannot speak for how the US or Australia views the divorce, but this means that, as things stand, she cannot obtain a Certificate of No Marriage (CENOMAR) from Philippine authorities.

      She’d need to file a court case under one of the modes for dissolving a marriage in order to be legally single here.

  75. Hi .
    I just wanna ask about my situation.
    I was married to my ex hub who us also filipino last 2007 we got separated 2010. He filled an annulment 2015 july but result got denied after 3 yrs of waiting .

    Now am currently in relation with my danish bf and i am goin to visit him in denmark for a couple of days. Is it possible to file a divorce in denmark?

    If its possible and if ever it will b granted
    Can i use his surname? Or it will be a problem for me? And make things more complicated?
    I dont hve plans to stay in denmark as of the moment.

    Thank you.

    1. No, I’m sorry. A foreign divorce cannot be recognized in the Philippines unless at least one of the spouses is a non-Filipino. A divorce between a Filipino and another Filipino cannot be recognized under Philippine law.

  76. Hi there!
    I really need a legal advice from you maam/sir.
    My husband is a Filipino citizen and a permanent resident in US. He got married there in the US to a former Filipino citizen and in the latter they got divorced and granted. He marry me then. Upon getting the Cenomar, we presented the divorce decree to the PSA office. And the office issued us a copy. And now, we already have our marriage license. Is there a need for us to file for Recognition of Foreign Divorce to RTC? or Will there be a problem during the process in the phil or US embassy if my husband wants to petition me? I’m asking for your help. Thanks in advance.

    1. Hi Kiev, may I know where you were able to get the marriage license? Because we got Cenomar but were not able to present the divorce decree to PSA.

      Would appreciate your reply

  77. Hi, I am confused and need clarification about getting remarried in the Philippines. Let me explain, I am an American Citizen. Five years ago years I married my girl friend (a Philippine citizen) in the Philippines and my CENOMAR reflects married status. Over a year ago my wife and I decided to get a divorce. I filed for the divorce and the divorce was granted a year ago in Guam. I still live in the Philippines and I may want to remarry someday. Since I am a American Citizen do I need to go through the Philippine Court to have my Foreign Divorce Recognized to clear my married CENOMAR status. Perhaps there are other options, short of a court judgement, to attain a CEMOMAR to remarry in the Philippines. Thanks for your advice and help. I truly appreciate your response.

    Mike

    1. The CENOMAR / Advisory on Marriages reflects the record in the Philippine civil registry. To change that record to reflect a divorce and the dissolution of the previous marriage, a court case for recognition is required.

      However, as an American citizen, your civil status is governed by US laws. An option you may consider is to simply remarry outside the Philippines.

      If you do intend to keep ties here, or remarry within the Philippines, it may be in your interest to file for recognition of your foreign divorce, but it is not a precondition to make your divorce valid under your law.

  78. Hi,

    Me and my American boyfriend who was once married to a Filipina but got divorced and finalized (through his initiative) in CA are planning to get married here in the Philippines. Is it possible for us to get married here?

    1. It depends on where the first marriage took place. If they married in the Philippines, you probably cannot unless he obtains judicial recognition of foreign divorce. The reason is that, as he will likely be required to submit a CENOMAR in his application for a marriage license, the Philippine Statistics Authority record will show a subsisting marriage. There is nothing stopping him from marrying outside the country though.

  79. Hi, Im married to a British Citizen and I wanted to file a divorce against him due to infidelity, however we both agreed to end our marriage. Currently I am located in Qatar as an OFW, Please can you advice what is the best way to expedite our divorce. Should he divorce me from his country or I can file in Qatar and should this be recognized in the Philippines. Thank you in advance for your kind assistance.

    1. It depends on your access to documents, but if you intend to have the divorce recognized in the Philippines, it may be easier to do so if the divorce is obtained in his home country. You will need to prove the divorce laws of all the countries involved by presenting certified copies of the divorce laws, along with their English translations if necessary. If you obtain the divorce in Qatar, you will then have to prove not only British divorce law, but also the divorce law of Qatar.

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