Foreign divorce and a former Filipino citizen
You can register a foreign divorce in the Philippines even though there is no divorce in the country aside from those permitted by Sharia law.
Consider a case where a former Filipino citizen who was divorced abroad wants to remarry in the Philippines. This brings up peculiar problems because no divorce yet exists in the Philippines (outside of Sharia law). The foreign divorce will first need to be judicially recognized by a Philippine court.
Such a procedure makes reference to 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.
How is the case filed?
… petitioner should have filed, instead, a petition for the judicial recognition of her foreign divorce from her first husband.
In Garcia V. Recio [418 Phil. 723 (2001)], we ruled that a divorce obtained abroad by an alien may be recognized in our jurisdiction, provided the decree is valid according to the national law of the foreigner. The presentation solely of the divorce decree is insufficient; both the divorce decree and the governing personal law of the alien spouse who obtained the divorce must be proven. Because our courts do not take judicial notice of foreign laws and judgment, our law on evidence requires that both the divorce decree and the national law of the alien must be alleged and proven and like any other fact. [Corpuz v. Sta. Tomas, G.R. No. 186571, 11 August 2010, 628 SCRA 266]
See: Recognizing foreign divorce in the Philippines (Process) for a full discussion of the court process.
What evidence should be presented before the Philippine Courts to prove foreign divorce?
The Petitioner must prove that the spouse is a foreign citizen. He must prove the foreign divorce as a fact and demonstrate its conformity to the foreign law allowing it. That foreign law must also be proved before our courts. Like any other fact, such laws must be alleged and proved. Furthermore, the Petitioner must also show that the divorce decree allows his former spouse to remarry as specifically required in Article 26. Otherwise, there would be no evidence sufficient to declare that the Petitioner is capacitated to enter into another marriage.
You’ll need some documents.
Republic vs. Obrecido discusses the law this way: In view of the foregoing, we state the twin elements for the application of Paragraph 2 of Article 26 as follows:
- There is a valid marriage that has been celebrated between a Filipino citizen and a foreigner; and
- A valid divorce is obtained abroad by the alien spouse capacitating him or her to remarry.
Citizenship at the time of your divorce is important.
The reckoning point is not the citizenship of the parties at the time of the celebration of the marriage, but their citizenship at the time a valid divorce is obtained abroad by the alien spouse capacitating the latter to remarry.
In this case, when Cipriano’s wife was naturalized as an American citizen, there was still a valid marriage that has been celebrated between her and Cipriano. As fate would have it, the naturalized alien wife subsequently obtained a valid divorce capacitating her to remarry. Clearly, the twin requisites for the application of Paragraph 2 of Article 26 are both present in this case. Thus Cipriano, the “divorced” Filipino spouse, should be allowed to remarry.
We are also unable to sustain the OSG’s theory that the proper remedy of the Filipino spouse is to file either a petition for annulment or a petition for legal separation. Annulment would be a long and tedious process, and in this particular case, not even feasible, considering that the marriage of the parties appears to have all the badges of validity. On the other hand, legal separation would not be a sufficient remedy for it would not sever the marriage tie; hence, the legally separated Filipino spouse would still remain married to the naturalized alien spouse.
You’ll need to make sure you have valid evidence to prove this foreign divorce.
However, we note that the records are bereft of competent evidence duly submitted by respondent concerning the divorce decree and the naturalization of respondent’s wife. It is a settled rule that one who alleges a fact has the burden of proving it and mere allegation is not evidence.
Accordingly, for his plea to prosper, respondent herein must prove his allegation that his wife was naturalized as an American citizen. Likewise, before a foreign divorce decree can be recognized by our own courts, the party pleading it must prove the divorce as a fact and demonstrate its conformity to the foreign law allowing it. Such foreign law must also be proved as our courts cannot take judicial notice of foreign laws. Like any other fact, such laws must be alleged and proved. Furthermore, respondent must also show that the divorce decree allows his former wife to remarry as specifically required in Article 26. Otherwise, there would be no evidence sufficient to declare that he is capacitated to enter into another marriage.
Nevertheless, we are unanimous in our holding that Paragraph 2 of Article 26 of the Family Code (E.O. No. 209, as amended by E.O. No. 227), should be interpreted to allow a Filipino citizen, who has been divorced by a spouse who had acquired foreign citizenship and remarried, also to remarry. However, considering that in the present petition there is no sufficient evidence submitted and on record, we are unable to declare, based on respondent’s bare allegations that his wife, who was naturalized as an American citizen, had obtained a divorce decree and had remarried an American, that respondent is now capacitated to remarry. Such declaration could only be made properly upon respondent’s submission of the aforecited evidence in his favor.
To prove all these, the Petitioner will need to present evidence of the divorce decree and laws through the presentation of either (1) official publications or (2) copies attested by the officer having legal custody of the documents.
Your foreign obtained divorce decree and the foreign law that governs it are some of the necessary documents.
If the copies of official records are not kept in the Philippines, these must be (a) accompanied by a certificate issued by the proper diplomatic or consular officer in the Philippine foreign service stationed in the foreign country in which the record is kept and (b) authenticated by the seal of his office.
Can the foreigner / former Filipino citizen avail of this law?
You can remarry after your foreign divorce has been recognized by the Philippines.
Can a foreigner or former Filipino citizen seek recognition of the divorce obtained abroad and have Philippine records updated to reflect the divorce?
Yes. This was resolved in CORPUZ vs. TIROL STO. TOMAS, G.R. No. 186571, August 11, 2010. The Supreme Court upheld the right of a foreigner or former Filipino citizen to institute a Petition in our Courts for the recognition of the divorce obtained abroad:
Philippine courts are not aware of the foreign law, so this must be proven to them.
To our mind, direct involvement or being the subject of the foreign judgment is sufficient to clothe a party with the requisite interest to institute an action before our courts for the recognition of the foreign judgment. In a divorce situation, we have declared, no less, that the divorce obtained by an alien abroad may be recognized in the Philippines, provided the divorce is valid according to his or her national law.
The starting point in any recognition of a foreign divorce judgment is the acknowledgment that our courts do not take judicial notice of foreign judgments and laws. Justice Herrera explained that, as a rule, no sovereign is bound to give effect within its dominion to a judgment rendered by a tribunal of another country. This means that the foreign judgment and its authenticity must be proven as facts under our rules on evidence, together with the aliens applicable national law to show the effect of the judgment on the alien himself or herself. The recognition may be made in an action instituted specifically for the purpose or in another action where a party invokes the foreign decree as an integral aspect of his claim or defense.
The civil register will update your status after the case succeeds.
Judicial recognition of the foreign divorce can be obtained through a special court process by which entries in the civil registry may be judicially cancelled or corrected:
Article 412 of the Civil Code declares that no entry in a civil register shall be changed or corrected, without judicial order. The Rules of Court supplements Article 412 of the Civil Code by specifically providing for a special remedial proceeding by which entries in the civil registry may be judicially cancelled or corrected. Rule 108 of the Rules of Court sets in detail the jurisdictional and procedural requirements that must be complied with before a judgment, authorizing the cancellation or correction, may be annotated in the civil registry. It also requires, among others, that the verified petition must be filed with the RTC of the province where the corresponding civil registry is located; that the civil registrar and all persons who have or claim any interest must be made parties to the proceedings; and that the time and place for hearing must be published in a newspaper of general circulation.
The hearing date and time must be published in a newspaper.
All that being said, the Supreme Court has stressed three important points to remember while preparing the case:
Three legal premises need to be underscored at the outset. First, a divorce obtained abroad by an alien married to a Philippine national may be recognized in the Philippines, provided the decree of divorce is valid according to the national law of the foreigner. Second, the reckoning point is not the citizenship of the divorcing parties at birth or at the time of marriage, but their citizenship at the time a valid divorce is obtained abroad. And third, 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
These can present stumbling blocks surprising to former Filipino citizens.
Consider the case of a married Filipino who immigrates to the United States and secures a divorce while still a Filipino citizen. He later acquires American citizenship. Then he decides he wants to remarry someone else in the Philippines.
Some stumbling blocks may surprise you.
To his surprise, he will find that his divorce is not recognized in the Philippines, and that the Philippines still considers him married to his first wife. This is because he was a Filipino citizen at the time he secured this divorce. Despite subsequently becoming an American citizen, Philippine law’s reckoning point is not the citizenship of the divorcing parties at birth or at the time of marriage, but their citizenship at the time a valid divorce is obtained abroad.
You cannot obtain a divorce as a filipino even if you file it in another country.
For the divorce to be valid where he was the one who filed for divorce, that divorce should have been obtained when he was already an American citizen.
There may yet be remedies in such a case. To avail of these will often require careful coordination with legal counsel both in the Philippines and in the foreign country.
Related reading: Recognition of foreign divorce in the Philippines (Process)
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I am a former filipino then eventually got my US citizenship. Then i married a Filipino thru church wedding in the Philippines. She obtained her US citizenship. Then later on she filed a divorce wherein we are both US citizens and it was granted. Now I want to marry my girlfriend in the Philippines. Is there any hindrance in marrying her? Do the Philippines will recognize the divorce? Enlighten me Sir.
Yes, the Philippines would recognize your divorce as explained in these articles.
My Fiancee and her husband were both divorced in the US after having obtained their American citizenship. Myself,a Filipino got my annulment already and my fiancee is planning to petition me. Presently i am working overseas. Is there any legal impediment within Philippine laws for her to petition me. Is it a pre requisite for her to file a judicial recognition of foreign divorce before she can petition me? Please enlighten us. Thanks
This is more a US immigration law question than it is a question of Philippine law.
I am a divorced US citizen (from a non-Filipina spouse) and am considering registering my delayed Report of Birth to the PSA, via the local consulate that has jurisdiction at the place of my birth, in order to be recognized as a Filipino citizen due to being an overseas “natural-born” Filipino. If approved, I will become a dual-citizen. As a “new” Filipino dual citizen, will I have to report my former marriage/divorce that occurred before my formal recognition as a Filipino citizen to the PSA and/or undergo Philippine court proceedings to have the former marriage and subsequent divorce “registered”, if I want to marry a Filipina in the Philippines? Thank you for your time and expertise.
This is frankly a novel question which has not been addressed by jurisprudence. An answer, and its basis, on our part would be speculative.
Hi Atty.! H and W were married for 25 years and all through out their cohabitation the wife shows addiction on mahjong to the point that they had debts amounting to millions. The Husband decided to work in canada and he brought his family with him yet his wife even in canada still shows the addiction on gambling so they decided to get divorce. Both of them were still Filipino citizens yet they obtained divorce under Canadian laws capacitating both of them to remarry. the husband flew to australia and remained as a filipino citizen while the wife got a canadian citizenship. Then After 2 years of their divorce the husband met another filipina girl and he wants to marry her in the Philippines. His current girlfriend was married on a soldier that has gone missing since he fought in the war at mindanao.
1. Under Philippine laws, will his divorce with his wife be recognized in the Philippines?
2. If the answer is in the negative, what remedy under the law must he avail to have his marriage with wife severed and on what ground?
3. Will his current girlfriend be able to marry him if he does not suffer any legal impediment?
1. A foreign divorce can be recognized in the Philippines if at least one of the spouses was a non-Filipino at the time of the divorce. Considering that they both had Filipino citizenship when the divorce was obtained, the divorce cannot be recognized.
2. A case for annulment or declaration of nullity of marriage may be filed if the conditions for it are met. We have written on these here and here.
3. A case for the declaration of presumptive death of the girlfriend’s husband may be required.
Well I sincerely enjoyed reading it. This article offered by you is very useful for proper planning.
Thank you!
Hello Atty,
I have a question referring to Filipino couple who married in the Philippines. A year later, they migrated to Canada and eventually acquired Canadian citizenship. A year after that, the husband filed for divorce which was granted. Th husband returns to the Philippines and met his fiancee and wanted to marry her. Is there a need to file a petition for recognition of foreign judgment in the Philippines by the husband?
He may not be able to get a marriage license unless he obtains recognition of the foreign divorce. He may want to check with the local civil registry from whom he wants to apply for the marriage license whether they will require a CENOMAR from him before they issue a marriage license.
Hi Atty, I married a Filipina (US Naturalized Citizen, not a Dual Citizen) at the time of our Marriage in the Philippines last 1994. She petitioned me and now living in the US. After 3 years, I got Naturalized by US Government (I am US Citizen, not a Dual Citizen) in 2000. My former Wife and I got Divorced last 2011, we both US Naturalized Citizen at the time of our Divorce in the US was finalized.
Present time, I married a Filipino Citizen in South Korea last January 2019. Before we go through the process of getting marry in South Korea, I asked the Philippine Consulate in SK if my marriage with my former US Naturalized wife is still valid in the Philippines. The PH Consulate asked me if I became a US Naturalized Citizen before we our Divorce was finalized, I told them yes and they said that my marriage in the Philippines is no longer valid anymore because I’m not cover by Philippine Law. The PH Embassy in SK allowed us get marry in South Korea, and we were able to have our marriage in South Korea registered and authenticated by Philippine Embassy in South Korea.
Based on Family Code Article 26, at least one party is a Filipino Citizen at the time of Divorce was obtained in order to file for Recognition of Foreign Divorce. Since my former wife and I are both US Naturalized Citizen (not Dual) at the time we finalized our Divorce, do one of us still need to file for Recognition of Foreign Divorce and is our marriage in the Philippines still valid?
Thank you and hoping for your kind to advice me regarding my situation.
Since you are a US citizen, your civil status is governed by your national law.
You would only have to go through recognition if you wanted to change your marriage record in the Philippine civil registry system for whatever reason.
Hi Atty,
I hope you’re well 🙂
My boyfriend is a naturalized Canadian citizen and living in Canada. He is still married. He and his wife (ex) got married in the Philippines last 2013 but decided to part ways last 2016. His wife is a Filipino and still living in the Philippines. My bf is already a Canadian citizen at the time of their marriage. My boyfriend didn’t declare in Canada that he’s married. He’s still single on his papers. Is it possible for him to file a divorce despite the conflict and remarry in the Philippines once it’s approved? Or the only way is through annulment? Thank you.
We can’t speak for Canadian law. He will need to refer that question to a Canadian solicitor.
Can you please advise how does one prove they are no longer a Pilipino citizen and be recognised as a foreigner in the court in Philippines. I was born in Philippines, married in Philippines, separated over twenty years and now Australian citizen and will file divorce. What documents do I need to present to the court in Philippines to prove I am a foreigner when I file for divorce? Should I also renounce my Philippine citizenship at the embassy also or is the Australian citizenship certificate enough. Thank you kindly.
Your duly authenticated Australian certificate of naturalization and your Australian passport should be enough.
Hi!
Here is my predicament.
Both the husband and the first wife were once Filipino citizens who migrated to the US and became US Citizens. They had 1 son. However, the husband got a divorce in the US thereafter. For the first wife to agree on the divorce, the husband waived his rights to their properties in the United States. One year later, the husband went back to the Philippines and married a Filipina. After 20 years of marriage, the husband died because of a heart attack. He left a 100-hectare land without any will. Now, the son of the first wife claimed that the second marriage is bigamous. Thus, he should be the only one entitled for the land. He presented a PSA certificate stating that the first marriage in the Philippines was never annulled while the husband contracted the second marriage. I am a child of the second marriage. What should I do?
Sent a long email.
Would also like to know your response to this situation ^^
Hello, heres a situation for a dual citizen (filipino and us):
– dual citizen married filipino citizen in philippines
– dual citizen went back to US and filed a divorce
– divorce was granted for the dual citizen.
– will the divorce be recognized in the philippins?
– if not, what if the dual citizen remarries in the US? Can the Filipino spouse use the divorce so he/she can remarry as well?
Thank you.
At least one of the spouses must have been a non-Filipino in order for the divorce to be recognizable. The divorce cannot be recognized if both of them had Filipino citizenship at the time of the divorce.
Hello there. I am a former filipina, but naturalized Korean as of now. I didn’t apply, a dual citizen. I and my ex korean husband, agreed to divorced legally in Korea. If ever, i would like to marry a Korean citizen. Do i have to process my divorce decree in PH too? Considering I did not re acquire my PH CITIZENSHIP now only holding a Korean citizenship. Hope you could respond.
Sent you an email.
Sent you an email
Good day atty.
I just want to ask about the case of my husband. My husband and his filipina ex wife was married here in switzerland. After 4 years they get divorced. And now my husband’s marriage is still registered in the Philippines. Can his filipina ex wife can file him a bigamy case? Can his filipina ex wife can sue him? We are now married here in switzerland.
Looking forward for your response.
Thank you and God bless!
Sent you an email.
I was married to a US Citizen in the Philippines. I became US Citizen and was divorced in 2019. Do we need to have our divorce be recognized in the Philippines even though we are both US Citizens when the divorce is granted?
If you would like to have your PSA record cleared in the Philippines, then the divorce must be recognized.
This will depend on your situation.
Thank you for the quick reply! When you say it depends on our situation, let’s say we both want to remarry and the new partners are both in the Philippines, can we file a K1 visa and marry in the US? Do we need to file a petition for divorce recognition if that’s the case?
If you are a foreigner and were validly divorced, then I believe there should be no issues getting a K1 visa for your new fiance.
Hi Atty. I got married when I am still a green card holder. My ex-husband and I are both American Citizen and we are divorced. Can I file for a correction of entry since my ex-husband are no longer Filipino Citizen? Please advise.
Thank you
Sent you an email.
im speaking in behalf of my parents who are former filipinos and are naturalized US citizens now.. both my parents came to the united states when they were still filipinos.. both filed for divorce while still filipinos and because divorce is recognized under US laws, they were able to remarry to US citizens.. a few years later, they naturalized as US citizens but did not apply to reacquire filipino citizenship. my questions are: 1) will my parents be able to use in the phils. the divorce decree they obtained in the US? 2) are my parents considered still legally married in the phils despite of the divorce in the US and have new spouses? 3) how will my step mother who is a natural US born individual without filipino blood but is married to my father be able to stay indefinitely in the philippines and own lands? 4) will there be any conflict of interests should my biological parents acquire any properties in the philippines?
Sent you an email.
This would likely be an annulment case.
I wonder if you could clarify these situations please. My fiancé and I are both divorcees and planning to get married in UK but we want to clarify the legality of it.
Here’s the brief descriptions of our situations:
I was married to my ex-husband and had a civil wedding in UK in 2003 (both Filipino Citizens at that time) followed by Philippine wedding in 2004. Both Naturalised as British citizens 2005&2007. Things didn’t worked out, I filed the divorce in UK and obtained decree absolute in 2015.
My Fiancé was married to his ex-wife wedding celebrated in the Philippines both as Filipino citizens. They also both live in UK now. Then both Naturalised as British citizens. He filed the divorce in UK and obtained decree absolute in 2016.
Questions
1. We are planning to get married in 2020 in UK or Greece NOT in the Philippines, will there be a problem in terms of legal implications? Will it be legal?
2. If it’s not a problem, will there be a legal issue when we visit Philippines after our wedding?
3. Will our divorce be recognise in the Philippines? I understand that we have to file a Petition for our foreign divorce to be recognised, but we do live in UK is it still necessary?
I look forward to hear from you. Thank you very much in advance.
1. As British citizens, your civil status is governed by British law in this respect. If the marriage is valid under British law, then there should be no problem as to its validity.
2. Your marriage records will remain under your previous marriages unless a court order is obtained to amend or annotate them to reflect your respective divorces. The problems may be largely administrative in nature, although they may also involve conjugal property and inheritance issues between former spouses.
3. Under the circumstances described, this does depend on what ties you mean to keep with the Philippines.
Hi Atty! Thank you for this article. I wonder if you could clarify these situations please. My fiancé and I are both divorcees and planning to get married in UK but we want to clarify the legality of it.
My ex-husband and I lives in UK- had a civil wedding in UK 2003 (both Filipino Citizens at that time) followed by Philippine wedding 2004. Both Naturalised as British citizens 2005&2007. Things didn’t worked out, I filed the divorce in UK and obtained decree absolute in 2015.
My Fiancé was married to his ex-wife wedding celebrated in the Philippines. They both live in UK now. Then both Naturalised as British citizens. He filed the divorce in UK and obtained decree absolute in 2016.
Questions
1. We are planning to get married in 2020 in UK or Greece not in the Philippines, will there be a problem? Will it be legal?
2. If it’s not a problem, will there be a problem when we visit Philippines after our wedding?
3. Will our divorce be recognise in the Philippines?
I look forward to hear from you. Thank you very much in advance.
Dear Atty.,
I am a Filipino in Europe. I applied for citizenship here and at the same time filed a divorce against my Filipina wife in the Philippines. By the time my divorced was approve, I am still a Filipino. Then I am naturalised. What should I do so my divorce here will also be valid in the Philippines? Or can I apply for annulment instead? How much approximately will be the cost? How long is the process? Is it possible not to appear in court as I’m working here. Please help.
Will send you an email.
Hi Atty.I was married both a filipino citizen and Im now working in Hongkong I applied last yr2017.a divorce here in hk and got approved this yr.2018 ..Now I have an American bf he wants to applied a K1 or fiancee visa for me so we can get married …when preparing for the documents we found out that the divorce decree should be recognize first by PSA …hows the process po and how long will the process will take….Does it need to be presented first in the RTC
Hi Josie
If you were Filipino and divorced your Filipino spouse in Hongkong, you will have to go through the process of annulment here if you want to dissolve your marriage in the Philippines.
Hi Sir. Seeking for advise. I was a former Filipino citizen and married to a Filipino citizen sometime February 2005 in Manila. By year 2009 we separated then I became British citizen and by 2014 I filed a divorce In the family Court at Southampon Hampshire U.K. then by Dec 2014 made final and absolute that my marriage was thereby dissolved (Decree of absolute) Divorce. I only acquired British citizen at this moment. I’m getting married next year here in U.K to a Britishmen. What would I do if I want to reinstate my Filipino citizenship(dual). Or possible to submit my Divorce decree in Philippines embassy London. Thank you.
I’ll need to clarify the timeline. Will send you an email.
Hi Atty. My question is what if a filipina married a filipino who was still a u.s immigrant when the divorce in U.S was obtained? And now that the Filipina saw that the Filipino is now married in U.S and assumed that the filipino now is a u.s citizen. How can the filipina obtain to recognize the divorce and remarry instead of going through annulment?
I’ll need to clarify the details and chronology. Will send an email.
Another question.is.. what if the Filipina can has no whereabouts of Filipino in U.S. Lastly, what of during their marriage there was never a sexual intercourse happened. Is that considered null and void?
Yes, a non-consummated marriage can be declared null and void under certain circumstances. But it still requires a court judgment to make it so.
Hi I have a question Sir. My divorced husband who is a naturalized US citizen was married to a Filipina in 1985 in Manila City Hall. The former wife then became US citizen too. After 20+ years of marriage they got divorced (both of them being US citizen at that time). Now I am a Filipino citizen and I married the US citizen husband in Hawaii last January. I was filing for a change of passport under married name but I was instructed to report foreign marriage but unable to do that because we need my husband to report foreign divorce first according to the philippine embassy in hawaii. Do we really need to do that if the divorce was done between two US citizen at the time of divorce? Which civil registry or regional trial office should we file the report? Both of the former married couple were from ilocos but the marriage was officiated in manila city.
Yes, I’m afraid it’s necessary. The case should be filed in Manila where the marriage took place. I’ll send you an email.
Wife was a former Filipina, and right now is Australian Citizenship. Married in Philippines before going to Australia but her papers was single in Australia Records. How she can cut the marriage in Philippines now she was Australian Citizenship?
I can’t speak to Australian law in this situation, but if she is not a Filipino (dual) citizen, then a divorce obtained in Australia can be recognized in the Philippines.
Wife born in the Philippines becomes American citizen married a Filipino on Sept. 18, 2000 obtained divorce in US on March 2002. later became a dual citizen on Feb. 2017..Now Wife files a recognition of foreign divorce..granted or not?
None of the facts provided disqualify it. It probably should be granted, provided the necessary evidence is presented.
Good evening po!
Atty. ask ko lang po. Kasal po kami ng husband ko dito sa pilipinas and 5 years na po kaming di nagsasama hanggang sa he decided to end our marriage po. He is a U.S citizen. gi divorce po nya ako doon sa lugar nila at pinadala nya asa akin and authenticated na po from their country. Gusto ko lang pong malaman, kung ano po ba ang dapat kung gawin para maipa recognize ko sya dito sa pilipinas? ano po ba ang requirements? meron na po akong NSO copy ng marriage certicicate and a Certified through copy of divorce decree. Please po I need you’re help. Thank You and God bless.
Regards,
Ohara
Hi. You can find a fuller write up of the requirements for recognition of foreign divorce here:
https://lawyerphilippines.org/2017/04/11/recognition-of-foreign-divorce-in-the-philippines-process/
Hi Atty. I’m a Filipina and got married to an American 2 years ago. I went back here in the Philippines because of my work and my husband is back in the US. I’m thinking about divorce since my husband is no longer communicating with me for the last 8 months. We got married in the US but I was not able to report it to Philippine Embassy at that time so my status here in the Philippines is still single. Do I still need to report my marriage if we’re getting a divorce anyway? I’m still a Filipino citizen. Appreciate your feedback on this. Thank you!
Hi. Will send you an email.
Good day, Atty. I understand the cases that you have discussed above. But still, l want to make things clear. This is the case of a friend. They were both Filipino citizens when they got married here in the Philippines. They migrated to the US and filed for divorce when they were already US citizens. They should or either one of them need to file for a petition for recognition of divorce to be able to remarry here in the Philippines, right? If that is so, what are the requirements aside from the documents of their divorce? What are the procedures? Is it ok if a relative from US will just bring the papers here and file in the court with a lawyer? Are there procedures needed to do at the embassy or consulate of the Philippines in the US?
Your reply will be very much appreciated.
Thank you.
Hi. They typically would need to go through the judicial recognition process. I outline the steps in another article here –
https://lawyerphilippines.org/2017/04/11/recognition-of-foreign-divorce-in-the-philippines-process/
One of the spouses would ideally come to the Philippines to testify during the course of the proceedings, but someone else with personal knowledge of the circumstances and of the documents could if the former is impossible.
Thank you so much for your prompt reply and I truly appreciated.
But is it possible to file a legal case against my husband and his mistress, they both showed their pictures together and confirmed their relationship in the social media. Inspite, of having sent our marriage contract, the CENOMAR of my husband from PSA and the email confirmation from the city government of The Nederlands they continued to ignore it.
Again, thank you and I am looking forward to hearing you soonest.
I will send you an email.
Good day!
I was married to a Dutch Citizen in 2013 in the Philippines and also our marriage was registered in the Netherlands. After a year we broke up because of his infidelity affair with another Filipina. His marital status in Netherlands is still married to me as verified. Can he marry another Filipina, knowing that in the Philippines is no divorce but only annulment. I already asked him to file our divorce but got no response and continued his affairs on facebook.
Your response is highly appreciated.
Thank you.
No, he cannot legally marry until his previous marriage is dissolved. Bigamy is a criminal offense under both Philippine and Dutch law.
Hi,
Can you help me out. I have an unusual situation (I think..)
Back in April of 2013 I married a green card holder in the Philippines. He then flew to the US. Last February 2017 he was naturalized as a US Citizen, while I’m still a green card holder. I am planning to file for a divorce here in the US but I believe that it will not be recognized in the Philippines not unless HE files it. The problem is, he don’t want to partake in anything especially when it involves me. So I was thinking of filing a divorce here and then filing for annulment back in the Philippines. My question is this: can I still annul him in the Philippines even though he is now already a US Citizen? I’m pretty sure he won’t file the divorce here and have the papers recognized in the Philippines – that’s how he HATES me. So is it possible for the annulment to push through even though He’s a US Citizen? I don’t want to wait to be a US Citizen and then file the divorce here just so it can get recognized in the Philippines.
Please HELP!
If you wish to dissolve the marriage, it may really be best to await your US citizenship before filing for divorce because securing a declaration of nullity (annulment) in the Philippines is a far more complicated exercise.
Will send you an email.
Good day. A divorce decree is granted to both naturalized American citizens at the time of divorce. They were Filipino citizens at time of marriage. One of the parties (american citizen) wants to marry a dual citizen (American & Filipino) in the Philippines. Does a petition for the recognition of the divorce decree still need to be filed in Philippine court? How about if they get married in the US?
If one of them wishes to marry in the Philippines, it would be best for him/her to make a request for a CENOMAR. Since virtually all local governments require a CENOMAR for the issuance of a marriage license, this will tell the person if he/she needs to file a case for recognition in the Philippines.
Philippine recognition of the US divorce is probably not necessary for marriage in the US.
Thank you. Appreciate it.
If a former Filipino (now naturalized American citizen) filed for divorce, can the person marry someone in the Philippines without filing for petition to recognize foreign divorce since the person is now an American citizen? Will that marriage in the Philippines be valid in the Philippines? And then, what happens when after getting married, the former Filipino (now naturalized American citizen) files for dual-citizenship?
If the person has an existing marriage record in the civil registry, she probably cannot get a Certificate of No Marriage from the Philippine Statistics Authority, which is a requirement for a marriage license in most cities/provinces. However, there is nothing to stop this foreign citizen from marrying abroad, and that will be a valid marriage.
The subsequent filing of dual citizenship will have no effect on the divorce and marriage as long as the divorce was obtained while the person was not a Filipino citizen.
Hello! I hope you can help me with my situation. I am a Filipino citizen living in Australia. I was married before in Philippines and had an annulment granted and annotated by NSO. I remarry an Australian citizen here in Australia, my marriage was not reported to the Philippine consulate as my Australian spouse don’t want hassles at that time. Then My marriage to my australian spouse broke down but we haven’t filed a divorce yet. So I am separated currently Now, I met a new guy and he want to marry me in future in the Philippines. ” My NSO Cenomar shows that I was married in the philippines to a filipino and has a remarked Annulment Null and void and theres no other marriage recorded” My question are
1. WILL I be able to remarry in the Philippines after i got my australian divorced, Without breaking the law? (As nso cenomar record shows im free to marry)
2. Will my future marriage be legal and recognized in the Philippines?
3. I knew about recognition of foreigned divorced not recognized if the petitioner is the filipino spouse. Will it be better or Will I be allowed (without problems) to remarry in the philippines, if I will get my Australian citizenship, australian divorced, as an Australian citizen and not filipino. And then re-acquire my philippine citizenship later on (after marriage) and filed Report of marriage after re-acquiring my philippine citizenship?
I just want to know possible way to have my next marriage legal and recognized in the philippines and will not have to face any future legal problems as we plan to have children that can get dual citizenship someday.
” He want philippine wedding ceremony in front of my filipino family”.
Thank you very much. Cheers!
Hi. Sent you an email.
Hello
I hope you take some time for this….My husband is Italian, I am a Filipina. We had a civil marriage in the Philippines. Then moved and worked in Spain (I do not possess a Spanish citizenship), but I have an Spanish Identity Card, and was also advised to have a our divorce obtained under Spanish law. What specific paper work does the Spanish lawyer have to obtain, and is required by the Philippine law to allow the Filipina to remarry. `There is a ‘Recognition of Foreign Divorce’ that can be filed, but it must show the Foreigner is the one who initiated it. How does that work, do I have to advise my lawyer to have it stated on paper that the foreigner is the sole initiator? Is that a specific article/paper to be signed?
`I understand my Italian husband and I can obtain a divorce (it would look like a normal communal divorce) though and I am not sure if that is enough for the Philippine court or i have to present a paper that appears that I do not agree with the decision and that it is he who initiated it.
What other procedures would follow after that?
Thank you so much.
Hi. Each country’s divorce process is different, but it is suggested that your husband be the one to file for divorce rather than you.
For the process of recognition in the Philippines, please see here : https://lawyerphilippines.org/2017/04/11/recognition-of-foreign-divorce-in-the-philippines-process/
Hi atty. What if parties are both Filipino then moved to US and become dual citizen (Filipino and American) there. Can either of the party file a divorce abroad? If so, then it will not distinguish whether they are Filipino and American at the same time because what I have known is that only an alien citizenship can obtain divorce abroad and not a Filipino, however in this case parties have both citizenship. Thank you!
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
So in other words, Former Filipino who became an alien (naturalized) has much right to obtain a valid divorce abroad than a Dual Citizen (American and Filipino), am I correct Atty? Thanks.
A Filipino citizen cannot obtain a divorce, but an foreign citizen can.
Atty. im married to an australian citizen. Formerly filipino citizen unfortunately our marriage failed he just decided to not get in touch with me. Kind of like an abandonment. I wondering how him and i can be legally separated without spending that much like from an annulment. I heard he can file a divorce there in australia and it was mentioned to me by mg friend that it’s going to be cheaper. Where do you think i can get further information of the process? I really dont want to have any attachment from him. I really want to be educated on what I need to do. Thanks in advance and Godbless.
Hi. A divorce initiated by the foreign spouse can be recognized in the Philippines. I’ve written on the process of recognition here:
https://lawyerphilippines.org/2017/04/11/recognition-of-foreign-divorce-in-the-philippines-process/
I hope it’s helpful.
Hi Atty. we have the same scenario but the only difference is, my wife papers in Australia is Single. Married in Philippines last 2010, She went to Australia last 2012 and got a citizenship last 2017. She decided not to continue our marriage. how can I or she cut our marriage? I may say that there was an-declaring of information on her side. I was still here in Philippines.
She could explore filing for divorce there in Australia. As long as she does not have Filipino citizenship, such a divorce can be recognized here.
Greetings Atty.. What if the situation goes like this. Korean husband and Filipina wife got married in the Phils. Korean eventually sought divorce. Korean got married again in the Phils to another Filipina. He however cannot take the new wife to Korea due to problems in travel documents wherein an annotation to the marriage contract with first wife regarding the divorce is needed. Can the Korean file a recognition of the divorce decree since the first Filipina wife is in no way interested or not in need of filing the petition yet?
Yes, the Korean has a right to file the petition himself.
If, I married in 2011 and was a legitimate Filipino citizen, then recently acquired US citizenship in 2021
1. Can I file the divorce in the US and will it be recognized by Philippine law?
2. What process is to be followed? Especially if I have all my paperwork (birth, marriage certificate, SS number, TIN) in the Philippines
3. How long is the process and possible expenses to be paid?
4. Are all my Philippine documents still valid?
1. Yes.
2. and 3. We’ve detailed the process here.
4. Certain documents such as the marriage certificate may have to be reordered from the Philippine Statistics Authority. More relevantly, your US documents showing your divorce need to themselves be authenticated in order to be acceptable to the Philippine court.
Hi Atty, appreciate your response.
My boyfriend and I wants to get married. He is a naturalized Austrian citizen.
1) he is already divorced
2) at the time of obtaining the divorce, his ex-wife is a naturalized Austrian. My bf at that time is still a Filipino
3) Can he re-marry here in the Phils?
Thanks in advance.
Cel
Hi. It depends on who filed for divorce. If it was his ex-wife, who was already an Austrian at the time, then the divorce can be recognized here. If he filed it, then it cannot be recognized. If they filed it jointly, it’s more of a gray area.
Hi, Thank you for your quick response.
I believe it was jointly filed.
Do you think the divorce will be recognized here? Otherwise, it will be unfair for my BF not being able to remarry. I hope the intention of the law is not unfair.
Thank you.
Cel
There is no Supreme Court case on this aspect, but I agree with you and I believe the language of the law supports it.
Hi sir
I would like to ask the situation of my sister, she and her present husband has been married in Philippines, later both of the move to Us and became a naturalize citizen of us. My sister found out that her husband was married before when they got married in Philippines. Since both of them are US citizen now, they plan to get married again in US, is it possible to do that? Will the marriage of her husband in Philippines when they were still PH citizen affect their marriage in US or her husband need file a divorce to her first marriage in Philippines first
Yes, it will. The earlier marriages must first be legally dissolved before they can validly marry.
We’ve written on this here:
https://lawyerphilippines.org/2020/07/27/my-marriage-is-void-do-i-still-have-to-go-through-court-if-i-want-to-marry-again/
https://www.youtube.com/watch?v=KFClo5b7Qok&t=19s
Good day. My BF and I are planning to get married soon.
He and his ex-wife got married here in the Philippines.
Migrated to US and eventually both became US citizens.
Eventually got divorced. (Both were US citizens at time of divorce).
Question is, does he need to file a petition for recognition of divorce decree before we get married? Despite him being considered now as a US citizen? Thanks
It’s usually a barrier when he applies for a marriage license. Since a CENOMAR is usually a requirement for the marriage license, if he cannot get one because of his marriage record then local government won’t issue a marriage license.
Hello, and thank you for this very helpful article.
I am a Filipina with a foreign ex-spouse. Our marriage and subsequent divorce were both done abroad, but the marriage was reported at the Philippine embassy so I am sure I am recorded as married at the PSA so I already know I need a judicial recognition.
You said that in order to file the petition for judicial recognition, the divorce must be initiated by the foreign spouse. In my case, we divorced by signed mutual agreement. So our final divorce decree from the court abroad says that we BOTH initiated the divorce. My question is: will this be acceptable to the local RTC? Thanks!
There is yet no Supreme Court ruling on this, but that is my contention because of the language of the law. I’ll send you an email.
Hi, I am a new lawyer. I am faced with this complicated case I am hoping that you can help me. Thank you.
Hi, I sent you an email.
I have a big problem I hope you can help me for these.
Hi. I’ll reply to your other comment on email.
Hello!
I have some questions please. The husband is still a Filipino citizen at the time of divorce, and divorce was granted abroad. But soon, he will have the foreign nationality. I understand that the Philippine court won’t recognised the divorce knowing he was still a Filipino at the time of divorce, so how would it be recognised by the Philippine law? Which process should he do for him to be able to marry again in the Philippines? Will he get sued by Filipina wife, if he marries abroad though he is recognised as divorce there? Should he apply for divorce again as a foreigner this time? Thanks in advance.
Hi, I have a question to ask if it is fine. Thank you.
The couple were married in the Philippines. Migrated to Australia and later got divorced. When the divorced was obtained only the wife was an Australian citizen while the husband was a permanent resident of the country. It is only the past couple of years that the husband applied for citizenship which was granted. It is the husband’s intention to remarry again in the Philippines.
My question is: Does the husband need judicial recognition? If he does what sort of documents or proof would he be presenting to the court for the divorced in Australia to be recognized?
I would appreciate your answer. Thank you very much.
Hi. The husband would if he intends to marry in the Philippines. I’ll send you an email.
Good day!
My ex and husband and I got married here in the Philippines in 2012 but he filed a divorce against me in 2014 that was granted in California. All I want is to use my maiden name again. Do I still need to file a recognition of foreign divorce? I have the divorce papers from USA but it doesn’t have (red ribbon) from the Philippine Embassy in the US. Is it going to be a problem to recognize our divorce here?
How much will this process cost approximately? I will highly appreciate a reply.
Hi. I sent you an email.
Married in the Philippines, both filipinos. Migrated to US, then husband became naturalized US citizen, he divorced me then married another filipina in the US. Two years after I was divorced, I remarried also to a filipino, we were both filipinos when we got married in US. My husband and I are now US citizens but we plan to retire in the Philippines this year. I have not filed recognition for divorce yet, I don’t know if my ex-husband did. How can I report my US marriage? What papers do I have to be ready with?
Hi. An outline of the process can be found here.
I will send you an email on other details.
Dear Atty
We both have dual citizenships (Aust/Filipinos) when granted divorce overseas. How do I go about claiming my property share in the philippines? It’s a conjugal property. my ex who’s now back living here in Phils has already a child from another woman.
Hi. I will send you an email.
Dear Lawyer
What about a filipina that was married in the Philippines to a filipino and got a dual citizenship later? If she gets a divorce from her filipino husband in the second country of citizenship, will this divorce be recognised in the Philippines? She is foreigner and filipino at the same time so it is a difficult question.
Thank you in advance.
Hi. My view is that dual citizens, foreigners and former Filipino citizens can 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
Hi,
I got married in the US as Filipino Citizen to a US Citizen Filipino. Got divorced, with my ex-husband filing the case. Now, I am US citizen who wants to just marry in the Philippines to another US Citizen. Now trying to secure the necessary documents for the wedding and got a CEMA instead of CENOMAR due to my first marriage. Do I still need to secure a decree recognizing my foreign divorce to clear my record at the Civil Registry? Can I just marry without the decree and the CENOMAR?
Please advise.
A lot of this may depend on what the local government and/or officiating officer of the marriage will require from you, but I can’t say without more information. I will send you an email.
Hi Atty:
My family moved from Philippines to Canada in 2011 as landed immigrant, after a year I went home to marry my girlfriend. I am about to sponsor her but some sort of things happened and I cancelled the application. My family and I applied for Canadian Citizenship after four years. As a Canadian Citizen, I apply for the divorce, and it was approved by Canadian Government. I want to marry my girlfriend who is now a Permanent Resident here in Canada, but she wants to get married in the Philippines. Can I marry her? Can my ex-wife sue me for that? Or do I need to apply for petition to get marry again? Thank you. Very much appreciated.
Hi Yuan,
To remarry in the Philippines, you would need to file a petition in court for recognition of your foreign divorce. The process is as found here.
I hope this helps.
I don’t know her specific circumstances, but I do not think it’s feasible that she would do that based on what you said.
Her present marriage was made possible on the presumption that her Hong Kong divorce was valid. Otherwise, she would not have been able to remarry in New Zealand. But if she were to again apply for divorce in New Zealand, she would effectively be saying that her present marriage is void and invalid. It’s likely that this would cause immigration issues on top of the chaos to her civil status. I do not think that she would so act against her self interest.
Hi Atty,
If my ex wife secures a divorce from our marriage in New Zealand now that she’s not a Filipino citizen, can I have this divorce recognized here in the Philippines?
Thank you.
Is nullity based on the ground of bigamy applicable in our case?
Thanks.
The grounds for nullity need to have existed from the start of the marriage. Bigamy would not by itself be such a ground, but it could be seen as a symptom of psychological incapacity. I can’t say without more information. I suggest you discuss these at length with a lawyer. I’ll send you an email.
Hello Atty,
I was married in 1991 but got separated from my wife. She got a divorce in Hongkong in 2001 and married there a Kiwi. They are now living in New Zealand for more than 10 years now.
My question is can I have that divorce recognized here in the Philippines so I can also remarry? Or do i still need to go thru the annulment process?
Thank you and hoping for your advice.
Assuming she was the one who obtained the divorce, its recognition here is possible provided that she was not a Filipino citizen when she obtained the divorce in 2001.
Hi Atty,
Thank you for the reply.
My ex-wife was the one who obtained the divorce in Hongkong so she could marry the Kiwi. But she was still a Philippine citizen when she divorced me and remarried in Hongkong. She became a Kiwi national only years after of marriage to the Kiwi.
Please advise on what I can do so I can also get married. I cannot afford to go through the long, tedious and costly process of annulment. Also, we don’t have children or properties to think of.
I’m afraid, given the facts you’ve given, that recognition of foreign divorce is not available. The divorce can only be recognized if it was obtained by a foreigner. Since you were both Filipinos at the time of the divorce, Philippine law will not recognize it even if Hong Kong or New Zealand law do. It may be that a case for nullity is the option if you wish to remarry.
Hello Atty,
My husband is a US citizen. A former filipino citizen. He was married in the Philippines ( though he said that the marriage was fake because he never met or seen the judge who took the ceremony). But then he filed a divorced in the US and was granted. Now, we got married abroad and we are planning to get married in the Philippines. Does my husband need to file for the recognition of the divorce in the court? How long usually does it takes? And also, can we report our marriage in the Philippine Embassy here abroad without any problem? We are looking for a lawyer who could help us in this matter.
Thank you very much.
Hi. I suggest you first make a request for a Certificate of No Marriage (CENOMAR) to find out whether that marriage was ever officially registered. This can be done in the Philippines or online https://www.ecensus.com.ph/Secure/OnlineApplication.aspx
The result of the CENOMAR request can help guide you on whether he needs to file for the recognition of the divorce, although it is only a starting point.
If you can provide more detailed information about his circumstances or have further questions, please send them to contact@staging.lawyerphilippines.org and we’ll be happy to discuss them.
Thank you po. I will send you an email.
Hello Atty.,
I am a U.S. citizen who divorced my Filipino spouse in the U.S. I have my divorce decree authenticated by the Philippines Consulate in San Francisco. I also have an official publication of my state’s divorce law, published by my state’s legislature. Does my state’s divorce law also have to be authenticated by the Philippines Consulate? Thank you!
Hi Jeff. Yes, as a foreign publication, the divorce law needs to be authenticated by the consulate so that it can be offered as evidence in a Philippine court.
Thank you!
Hello Atty,
I am a Canadian citizen, i married a Filipina in 1990 in the Philippines. We moved to Canada, and when my Filipino wife became a Canadian citizen, she filed for a divorce. Now i want to marry another Filipina in the Philippines, do i still need to file a petition for recognition obtained by my wife in Canada so i can marry again in the Philippines?Please advice. Thank you very much!
Pierre
Hi Pierre. If you’re getting married in the Philippines, you would need to if the local government requires a Certificate of No Marriage from the Philippine Statistics Office for the issuance of a marriage license. https://web0.psa.gov.ph/civilregistration/requesting-civil-registry-document/cenomar
You can’t be issued one if you have a standing marriage record in the Philippines.
I know a filipina who married a foreigner in the Philippines then they moved to lived in the US. When they went on vacation in Philippines, her foreign husband cheated with another filipina. When they went back to US, the foreigner divorced her in US, petition the other filipina and they got married in the US. The filipina I know is now a US citizen. When her divorced foreign ex-husband and new filipina wife retires in the Philippines, she was informed she can still file a case of adultery and have rights to her divorced foreigner ex-husband assets (house & lot, business, money in the bank) even if the names is in her divorced foreigner ex-husband name and his new filipina wife because there is no Recognition of Divorce record in Philippines. Does the filipina I know still has rights to do such things?
That’s a fairly novel question. For each of those assets, it may partly depend on the supporting paperwork as to who is the registered owner of each, as well as how they were apportioned in the foreign divorce.
Regarding a charge for adultery – I’m afraid that under our archaic criminal code it is a married woman and her paramour who can be held liable for adultery. A married man carrying on with an unmarried paramour can only be charged with concubinage, an offense much more limited in scope than adultery.
And even setting that bit of sexist legislation aside, it’s important to consider that a foreigner is governed by his own national law with regard to his marital status. While jurisprudence surrounding Article 26 has expounded on the procedure for civil recognition, I do not take that as preventing an accused in a criminal case from proving his valid divorce during the criminal proceedings.
Hello, i am miss hilda papauran eom, can u help me please, its been 11 years i still mirrage from mr. Eom without contact and etc. How can i get to be a single? I have a 1 child from him and he never support.. i want to be a single ang change my status please help me, thank you..
helo!we got maried in PI early1990’s,hm a US imigrnt then living in US & I a filipino citizn then living in the Phil. We BOTH obtaind r US citiznshp in US latr whn he petitiond me to live wid him in US. Aftr 13 yrs i obtained dual citizenshp in Phil with our only child. my husband uninterestd get dual citizenshp. Its an unamicable relatnshp, i filed for a divorce in 2016 & was approvd later same year, Both of us are US CITIZENS, am dual(Fil-Am) at time of divorce. Would my divorce be recognizd in d Philipines w/o difficulty and without passing through the court and if I can marry a filipino citizen anytime in the philipines too just in case in the future? If not wht process would you suggest best 4 me to take? thanks.
Hi Faith. This falls into a somewhat gray area in the law on recognition of foreign divorce. In any event, for your divorce to be recognized in the Philippines, you would have to go through a court process as described above.
Thank you Atty for your reply. How long would the process be and what case would be it so our divorce in US will be recognized in the Phil? Again thank you for your prompt reply.
Thanks. But how long will it take? This seems I was imprisoned haven’t done wrong and will pay a huge amount to recognize my petition. Can I ask also, how much the range to cost me this if I’ll file it in provinces… just an approximate.
Hi Cielo. I will respond to your email.
Hi Atty. I am a filipino and divorced with Sri Lankan guy. He is the one who petitioned and obtained the divorced in their country. I wanted to ask if the PSA (NSO) can provide me Amended Marriage Certificate after obtaining the original divorced documents from me authenticated by foreign affairs of their country and philippine embassy in their place. Also, will this be enough for me to remarry again? My ex-husband however, remarries already in their country.
Please advise how I could able to remarry again.
Appreciating your kind help.
Thank you and Regards.
Hi Cielo,
Assuming that the previous marriage is recorded with the PSA, you will need to go through the court process for recognition of foreign divorce described above in order for your marital status to be changed so that you may remarry.
Hello, I am a filipino legally married in the philippines and have 3 kids, my wife was in the U.S. she only have a tourist visa when her visa already expires. I think my wife wants to stay there and planning to married a U.S citizen and i have no idea my wife planning to do that kind of act with me. Is that kind of action she did is valid? And what legal action can i do? Thank you.
Hi.
I live in United kingdom. I was a filipino Citizen when i filed and got my divorce with my ex spouse who is a filipino citizen living in the Philipines.Then under UK law I am allowed to remarry and I got married. I am a naturalised british citizen now. I am aware that divorce is not recognized in the Philippines.But in my case, what would be your good advice ? I wanted to be legally free and my foreigner spouse to be legally known as my spouse in the Philippines.
Your legal advice would be very much appreciated.
Maligayang Pasko.
Hello, please can you help me what to do? I am a filipina who married to a british citizen here in the Uk. I filed divorce because of abusive behaviour and is now granted. What I am going to do in order for me to be able to remarry in the future? I been looking for a right lawyer that can guide me in this matter. Thanks
Hi Sandy. The divorce would be recognized in the UK, but not in the Philippines because under Philippine law, the foreign spouse – not the Filipino – must be the one to have obtained the divorce.
Have obtained a divorce in the U.S. as an American citizen (Florida) and have had the divorce decree authenticated by the state of Florida, Federal government, and even the Philippines Embassy. Forwarded these documents to Filipina ex-spouse in the Philippines. What else would she need to complete this process? How long would the process approximately take if she already has these documents? Would my presence or hers be required in court? What is the approximate cost for obtaining this decree? What exactly did you mean by having the State’s divorce law authenticated? Thank you!
These are a bit involved. I sent you an email in answer.
What exactly did you mean by having the State’s divorce law authenticated? Thank you!
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.
Hi I am a Australian permanent resident I will divorce my wife in Australia would my wife (filipina ) be free to marry in USA
Hi. I’m afraid I can’t speak on the requirements under US law.
Hi. I am a filipino citizen got married with an american citizen filipino in a Civil rights last 2011. We did a report of marriage at the philippine consulate in Washington DC because we were planning to get married in the philippines. The divorce was finalize November 2013 and it was my american cotizen ex husband filed the divorce in Maryland. The Philippine embassy already reported ny marriage in the philippines that time. Now, i have a fiancé and we are planning to get married in the philippines. What steps i need to do to make sure i can get married in my home country? Thank you
Hi Vanessa,
It is pretty much as outlined here. A petition for recognition of foreign divorce needs to be filed in a Philippine court. In preparation for the case, copies of your marriage and divorce documents, as well as the Maryland divorce law, should be certified at the Philippine embassy as these will be presented in court in the course of the trial.
Thank you for replying very promptly. Can i file that myself or i need a lawyer to file it for me there? I currently live in Virginia USA and i want to start this process as soon as possible. I have the marriage and divorce decree with me.
Hi Vanessa. You do need a lawyer for this as it would require a court case in the Philippines. If you’d like to discuss the filing of a case, our law office can be reached at contact@staging.lawyerphilippines.org
Thank you.
Hello attorney ,im a filipino citizen my husband is british we decide to have divorce we wanted to file it in u.k is it possible .my name will remove in nso after the divorce…
Hi Jackie. For the divorce to be recognized in the Philippines, your husband should be the one to initiate the divorce. He should be the one to file for divorce, not you. You can consent to the divorce after he starts the proceedings, but for Philippine law to recognize the divorce, it is important that you are not the one who begins the divorce proceeding.
I got married in the Philippines in 1981 with a us citizen, Caucasian. Marriage didn’t worked as planned. He filed an annulment and granted in 1982. I came to America in 1990 and got my green card in 2016, married to a Filipino us citizen in 1995. The report of my marriage were turned down by Los Angeles Philippine consulate because , I need to file for a judicial recognition of my final decree of annulment in the Philippines . They can’t issue me a Philippine passport not until I produce the judicial recognition in the Philippines . I don’t have anybody to help me file this paper back in the Philippines and I’m really in dire need to visit my ailing father. Please advise and how much do you charge . Thank you for your kind attention.
Hello Alita, we will need more information about the particulars to advise you. Please send your email address and other contact information to contact@staging.lawyerphilippines.org
Thank you
Hi, I am a foreigner married to a Filipino citizen in the Philippines. I petitioned him in the USA, but our relationship did not work out. I filed for a divorce in 2008 and it was granted. My ex-husband was still a Filipino citizen when I divorced him. We both resides in the USA now and he got married again in 2010. Is our marriage in the Philippines still valid if we did not file for recognition of divorce in the Philippines?
Your own civil status will be governed by your national law. Philippine law requires him to obtain recognition of the foreign divorce before he can validly remarry.
Hello,
Filipino wife was a U.S. green card holder and husband U.S. citizen when married. Wife became U.S. citizen and filed for divorce; will Philippines recognize the divorce? Will she need to file anything with Philippine courts?
Hi Bill,
Yes, the Philippines will recognize her divorce. If she wants such recognition, she will need to file a case along the lines of this article especially if the previous marriage was solemnized in the Philippines.
Hello,
My father was Filipino citizen when he divorced my mother and married to a US citizen. Several years later my father divorced his US citizen wife. He got married again and at this point he was already a US citizen. My father already married twice in US. Can my mother submit a petition to the court and will the divorce between my father and my mother recognize under the Philippines Article 26 Family Code? What other way to dissolve my parents’ marriage? My mother is now also a Green card holder if she becomes a US citizen do you think their marriage in the Philippines is still valid? I want to help my mother what can she do? Please help. Thank you very much.
Hello Crystal,
This situation does not appear to be covered by the Article 26 of the Philippine Family Code. However, if your mother becomes a US citizen then her marital status will no longer necessarily be governed by Philippine law and she may have other remedies available under US law.
Hi, good day! I got divorce with korean national, I’m still here in korea planning to go back in Philippines for my annulment. I have an American military boyfriend, my question is how long will be the process of my previous marriage to be null and void? How much will it cost? If I go to PAO how long it will take to get it done? Thank you
Hello Lily,
Your question is about how long the process will take.
It depends on the kind of case that will be filed. A case to prove and recognize the foreign divorce is different from a case for nullity of marriage.
If your case is for nullity of marriage, it can take several years. However, a case for recognition of foreign divorce is usually shorter, possibly about six months to about a year in court.
The PAO is staffed with competent and hardworking lawyers who know their law. They can be expected to accomplish such a case as quickly as private lawyers. But the PAO does require that its clients be indigents in order to qualify for its free legal service.
You would need to show to the Public Attorney’s Office that you qualify. Under PAO rules, indigency is defined as:
1. If residing in Metro Manila, whose net income does not exceed Php14,000.00 a month;
2. If residing in other cities, whose net income does not exceed Php13,000.00 a month;
3. If residing in other places, whose net income does not exceed Php 12,000.00 a month
Good day Attorney, Iam a Filipina National when Iam married to a German National in the Philippines. Our married was in the Philippines 1999. Then living our married life in Germany then 2010 I filed a Divorce here in Germany and it was granted our Divorce 2012 and Legaly Divorce here in Germany. All the our Divorce document is Legaly traslated from German to English and sign by the Lawyer here in Germany and Authenticated in The Philippine Embassy in Germany..
My question is: Can I filed a Petition of Recognition of a Foreign Judgment in the Philippines?
Can my Divorce here in the Germany can be Recognize in the Philippines though Iam the one who initiate to file the Divorce becouse My life was already in danger in that time couse my husband was mental illness Psychologycal Incapacity.
Can my Divorce be Recognize in the Philippine? now iam still in Germany living here.but still Philippine passport holder. But my Ex Husband was a German National but we are now Legaly Divorce here in Germany.
Thanks a lot for your help in my concern. ??
Yes, this can be done. We would be happy to help you with your case.
Goodmorning Atty.
Appreciate your site that help a lot of people.
My concern is this,
If I am a Fil citizen and got married “abroad” with a Filipino & i obtained divorce and we were both naturalized at the time of divorce but i subsequengly reacquired my Filipino citizenship :
1.I still need recognition of divorce in the Philippines ?
2.if the the marriage certificate was not forwarded by Philippine consul abroad to PSA,do I still need recognition? Do I still need to record the marriage certificate in civil registry?
Thank you so much.
Hi, I would like to ask for an advise on what to do with our case. My husband has a previous marriage in the Philippines. When my husband came to Canada to join his wife, she (the wife) then filed for divorce. Divorce was granted while they are both Filipino citizen. My husband and I are naturalized Canadian citizen and we got married here in Canada. The ex wife also obtained her Canadian citizenship same year as my husband. Now, my husband and I are planning to have a church wedding in the Philippines. Is it ideal to file for the petition for recognition of foreign judgment or he does need to file for an annulment? Are we allowed to have a church wedding in the Philippines?
Hi good day! My fiancé and her ex husband (both Filipinos) were married here in the Philippines. Several years ago they migrated to USA and had changed their citizenship. Last year both of them had a divorce which was finalized in the first week of June this year but they were both naturalized citizens years before the divorce took place. Our concern is my fiancé and I want to marry here in the Philippines. Can we get married immediately following the rules indicated in her divorce decree? Or do we need to go through certain process to recognize her divorce and change the annotations in her marriage certificate in NSO to null? Lastly, how long does it usually take if there are any processes that might take place? I would appreciate for any help or advise you can give. Godbless. 🙂
Under the law above, she would need to file a court case for recognition of foreign divorce. Six months to a year is a rough estimate for how long the case would take.
Hi i am Christine married to an indian guy in india last 2013 july but suddenly he moved back to india in august 2014 then he filed a divorce through court in india then we got granted our divorce…my concern is can i marry my boy friend in norway without having a recognation for divorce decree through philippine court hope anyone can help me about this things
Thanks Christine
If you are to be married in Norway, I would suggest you look into the requirements under Norwegian law. If in the Philippines, the place to start is by checking with the NSO if your Indian marriage was ever registered here at all.
Hi atty i am here again my previous marriage was registered in the philippine embassy in india so i think its also registered here in philippines what should i do about this? should i really need to file a recognation here in phil through philippine court? does pao attorneys handle these case?
thanks Christine
The Public Attorneys Office handles all manner of cases. It is worth going to their local office to discuss this with them. If you qualify for their legal aid, they can either help in this or refer you to another body of lawyers — like the Integrated Bar of the Philippines — who could handle the case gratis as well.
Hi atty, i have been to the psa-philippine statistic authority was previously called Nso the marriage was registered here in phils but marriage took place in india but i haven’t been to the lawyer you said before but i will go there and check to Intergrared bar here in davao anyway thanks alot for your advice
Regards Christine
Glad to hear it, Christine.
Hi, Im an American Married to a filipina in the philippines. im undergoing divorce in the states. do I need to do something else in the phillipines to be able to remary in the philippines? can she remary as well? or would my divorce from the states be sufficient to remary anywhere in the world? Thank you.
You are covered by American law. Your divorce should be sufficient for you to remarry. However, your ex-wife will need to go through this process to remarry.
Thank you for the fast response I truly appreciate it, one more question please. Could I remarry in the Philippines or do I remain married in the Philippines with my ex? what do I do so that my divorce certificate from USA is taken into consideration in the Philippines so that I can remarry there.
So if I understand it correctly : a foreigner married to a Filipina in the Philippines and thereafter divorced his Filipina wife in his country of birth can remarry another Filipina in the Philippines as long as he can prove that he was legally divorced in his country of birth? Even if his first Filipina wife has not yet taken any action to annul the marriage in Philippines?
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.
Hi! A filipino citizen got married to a US citizen, after 7 years they divorced, at the time of divorce the former filipino citizen became US citizen.. I just want to ask if it is need to file a foreign court decrees? Do the philippine recogniZe the divorce?
The Philippines will recognize the divorce. But, especially if the marriage was celebrated in this country, there is a need to go through the process for recognition.
Will surely do. Thanks!
Hi, can I represent myself at RTC or it’s a must to have a lawyer to file the case? I am divorce in Korea, got it translated and red ribbon at the philippine embassy, ministry of foreign affairs in korea, took it to Korean embassy in the Philippines and DFA.
Thanks!
I do not advise that you attempt this yourself. Proceedings in Court tend to be technical in nature. There are rules for filing documents and presenting witnesses and evidence which make it necessary for a lawyer to handle these particular cases.
If costs and other considerations make the hiring of a lawyer difficult, I suggest you go the Public Attorney’s Office of your local city or municipal hall to advise you. The PAO’s services are without cost.
Appreciate your quick response,my concern in PAO’s service is it might take longer because of the number of clients that they have.
My ex husband actually filed for the recognition before and he went to the point that they only needed few more documents to finalize it but failed to comply since he is out of the country and can’t leave his country because of work until he just lose interest because of the long wait.
I have all the documents pertaining to the case he filed and might use that as a guideline on what to do on the case.
The prices of lawyers are ridiculous.
Do you handle case like this? If so, how much do you charge?
Hello Mhaine. Because of privacy considerations, we can go over your circumstances if you write us at contact@staging.lawyerphilippines.org . We can better advise you of what option may suit you best after discussing the facts of your case together.
I am a filipino and my wife is american. We got married here in the philippines 2003, in 2008 ny wife filled a divorce in guam, a notice was mailed to me notifying that my wife filed divorce on grounds of cultural indifference. After moving out off the house i never got any notice that the divorce was granted nor published in any daily news paper that mu wife divorce was granted. Question am still considered married here in the philippines to my foreign spouse?
I suggest you inquire with the court in Guam as to the status or outcome of the divorce proceedings. It’s always best to have the facts on hand when making a legal position.
I have read previously posted comments. Now it’s clear to me that my foreign divorced must be recognized as valid in the Philippines. Me and my ex-husband was married in the Philippines, we migrated in Canada, he divorced me and re-married already. We were both Canadian citizens already when we divorced, so how can I file petition, step by steps so that my divorce be recognize in the Philippines. I now have a filipino fiancee, single and we want to get married in Hongkong where my divorce is recognized but COVID happen.
How do we start the process? How long will it take? What’s the cost involved?
It depends on some other facts not mentioned. Will send you an email.
If I understand the timeline, the divorce was obtained by the man in the US while he was a Filipino, not an American, citizen.
Philippine law would not recognize the validity of that divorce. The law would assert the legal incapacity of a Filipino citizen to secure divorce, which incapacity follows the Filipino wherever he is.
For the foreign divorce to be recognized, it needs to be secured abroad by one who is a non-Filipino at the time of the divorce.
No divorce has been taken place yet. The american is back to being a US citizen now. He has been living in the United States for about 2 years now. My question is does the person have to be a foreigner at the time of marriage or the time of divorce. If it’s at the time of divorce then they should be able to divorce and she should be able to remarry. I thought it was at the time of marriage though. If it’s not then I believe we might have a solution if we can get him to divorce her.
Yes, what is important is citizenship at the time of the divorce.
I have a question to ask. I am divorce to a Korean and at the time of our divorce I got my Korean citizenship for about 4years and changed my name to Korean. can I process my recognition of divorce in the Philippines even if my name in my Divorce paper here in korea is not my old name like in my Philippine marriage certificate?
Sent an email.
Good day. How about for tjis different situation:
1. Filipino Wife and Filipino husband git married in the Philippines.
2. Both went and migrated to USA .
3. Wife became American citizen.
4. Filipino-turned-American wife subsequently obtained a valid divorce in US.
5. She, now an American citizen, wants to marry a Filipino .
Question, does she still need a judicial recognition of the divorce or can she marry straight ahead since she is already a foreign citizen when she obtained the citizenship?
Thanks.
Appreciate reading your articles.
Hello Louie. This situation appears identical to that in Republic vs. Obrecido:
When the Filipino wife was naturalized as an American citizen, there was still a valid marriage that had been celebrated between her and the Filipino husband. Then the naturalized alien wife subsequently obtained a valid divorce capacitating her to remarry. Clearly, the twin requisites for the application of Paragraph 2 of Article 26 are both present in this case. Thus, the “divorced” Filipino husband, should be allowed to remarry.
I did not get the answer right correct me if I miss understood it.
Both Filipino citizen on time of marriage in philippines. Migrated to USA got both naturalized US citizen.
To make story short later on both decided to get divorce and finally got their divorce decree. Can they either one of them get married again in philippine with Filipino citizen?
And if so how they can submit their divorce decree to get null and void their prior marriage in the philippines.
Thank you.
Hi Mike. The divorce was valid since they were both US citizens at the time they obtained the divorce. Either of them could file a petition in court to have the divorce recognized in the Philippines.
Hello Atty, this is re joseph. I have a similar case with him but read yr correspondence just now. I would like to validate if i understand your point correctly. So a divorce would only be recognized in the Philippines IF AT THE TIME OF DIVORCE, both are US CITIZENS though the wife is DUAL(fil-am) citizen so its okay for her to get marry again in the philippines, is this right atty? But the US citizen guy at time of the Divorce(who ISNT A DUAL fil-am) CANNOT REMARRY IN THE PHIL. Did i get this right? Pls advice. You are very helpful po. Thank you.
How about filipino dual citizens, assuming they validly obtain divorce abroad, will that decree be recognized in the philippines?
At least one of the spouses must be a non-Filipino at the time of the divorce. A foreign divorce cannot be recognized here if they both possess Filipino citizenship.
So if an american became a Philippine citizen and got married, then moved back to the USA and has been living there for the last few years. Even if he got a divorce the Filipina wouldn’t be able to remarry because he was legally a Filipino at the time even though he’s an american now?
Good morning Atty. me and my ex-wife got married in Japan but dully register in the Philippine government. We both migrated here in Canada and got divorced 3 years ago. My ex- wife is now a naturalized Canadian citizen like me. Does this mean that neither one of us can not file a petition to recognize our foreign divorce there in the Philippines??
If its not, is there any grounds that our marriage become null or invalid?? Or can we file an annulment in the Philippines even though both of us are divorced and now living here in Canada??
Thanks in advance for your response..