1. Distinction Between Annulment and Recognition of Foreign Divorce

The Family Code of the Philippines is the defining law regarding Annulment and Recognition of Foreign Divorce.

• Annulment: This is a term that is given to ending most marriages in the Philippines, although they may be technically called Annulment or Nullity of Marriage. It is a court case with testimony and witnesses and delves into why the marriage ended.
• Recognition of Foreign Divorce: A Filipino can remarry if there was a valid divorce from a foreign country. The divorce must have occurred when at least one of the spouses was a foreigner (not a Filipino, not a dual citizen) at the time of the divorce. It is also a court case.

In the Philippines, people divorce is not allowed.

Legal separation is another type of court case in the Philippines but it only allows you to separate bed and board – it doesn’t actually end the marriage. (And it is more expensive besides).

The only ways to formally end a marriage are through Annulment or through Recognition of Foreign Divorce.

2. Laws and Legal Basis for Recognizing Foreign Divorce

Annulment and associated cases that end a marriage in the Philippines are from the Family Code of the Philippines.

Annulment’s legal basis and grounds are:

• Art 35 Void Marriages are those which were done when there was a bigamous marriage, lack of a marriage license, lack of a valid officiant, mistaken identity, one of the spouses was below 18, or if the marriage was celebrated before the registration of a previous annulment at the civil registry.
• Art 36 Psychological Incapacity meaning that spouses were psychologically incapacitated to marry each other, which has to be proved in court.
• Art 37 Incestuous Marriages
• Art 38 Void by Public Policy which state that marriages between blood relatives, step-parents and children, adopters and adoptees and other like situations are void also.
• Art 45 Annulment Grounds are that either party was of an unsound mind, that there was fraud or force, that people were physically incapable of consummating the marriage, that there was a serious and uncurable sexually transmitted disease, or that the spouses marriage between the ages of 18 to 25 and filed for annulment within 5 years of turning 21.

Recognition of a foreign divorce is discussed in Article 26, Paragraph 2 of the Family Code. This means that if a Filipino has a spouse from another country who gets a divorce, the Filipino can marry again. This can happen once a Philippine court acknowledges that divorce. However, the Filipino spouse must show that the divorce is legal according to the laws in that other country.

When you are trying to immigrate abroad as a fiancé or marry a foreigner, immigration officials will only grant a visa if you are legally single.

For instance, a K1 visa is only granted if:

• You are not in the US
• You plan to marry within 90 days from arriving in the US
• You have a clear medical record and clean record from law enforcement agencies
• You have not violated US immigration laws
• You must prove a genuine relationship
• You are legally free to marry

The entire basis of the K1 visa is that you are legally single.

If you are not legally single, then a visa will not be granted to you.

So, Annulment is required if you are married but wish to remarry abroad.

This example is for the United States, but there other countries have similar requirements.

Step 1: Consultation with a Family Law Attorney

Legal help is important. Your situation has to be assessed so that the correct grounds are used.

A good lawyer will check if your case meets any reasons for annulment.

Most of the cases that we have processed are based on Psychological Incapacity because many of the common reasons people separate such as domestic violence, substance abuse or infidelity are not grounds for annulment in and of themselves but are instead part of psychological incapacity.

Other common grounds that we often see are:

• Lack of formal requisites of marriage
• Bigamous marriages
• Underage spouses

Since the Philippines is very strict as to ending marriages, the correct grounds to use and the assessment of a case is very important.

Then, your family lawyer will direct as to the next steps to take.

Step 2: Filing the Petition

When all of the pre-court work such as gathering the evidence or talking to a psychologist in the case of psychological incapacity is complete, your family lawyer will file a petition for annulment at the Regional Trial Court (Family Court) where the petitioner resides.

This petition must include the identification of the individuals involved, the grounds for annulment, the evidence for annulment, and the legal basis for annulment. The petition will also include witness testimony, of which generally 3 is recommended.

Step 3: Collusion Hearing at the Prosecutor’s Office

The Philippines takes ending a marriage very seriously.

Before the case can even proceed to court, a prosecutor will first determine if there was collusion between the spouses.

Collusion is when spouses manufacture evidence to end the marriage, but such is the aversion to ending a marriage that any indication of corporation between the spouses often is deemed suspicious.

The prosecutor will thus go over the case to determine if the case can proceed to trial.

Step 4: Trial and Evidence Presentation

During the trial, the reasons that the marriage ended are examined in detail. This includes:

• Psychological examination
• Statements from witnesses
• Proof in documents like letters, emails, text messages

The reason that Philippine annulment is often expensive is because this is actually a trial.

There are witnesses presented – often 3 – and the psychological incapacity report examined.

Due to the number of hearings and the amount of preparation, annulment is very time and labor intensive, which is reflected 3 year timeline and in its cost.

Step 5: Court Decision and Registration

If the annulment gets approved, the court will issue a Decree of Annulment. This must be registered with the Local Civil Registrar and the Philippine Statistics Authority (PSA) to update your marital status. This can take a few months but is necessary before remarriage.

Several countries require that the home country acknowledge a divorce before granting a spousal visa to a new spouse.

Let us take an example.

For instance, a Norwegian man previously married a Filipino and then divorced that Filipino in Norway.

Norwegian law will require that the previous divorce be recognized in the Philippines before a spousal visa for the new spouse is granted.

(Yes, this is true and we have done this before for several of our clients.)

How Judicial Recognition of Foreign Divorce affects Marrying Abroad

Recognition of Foreign Divorce might also be required to remarry abroad.

Countries such as South Korea and Japan require proof that the divorce was recognized by the home country before a marriage license is issued.

So, take a Filipino OFW who lives in Japan and has divorced a Japanese spouse.

He may want to remarry again in Japan.

However, to get a marriage license, he must show proof that his divorce was recognized by the Philippines.

In his case, he must file a Recognition of Foreign Divorce case. 

This will then allow him to remarry in Japan.

There are several other countries like this.

Step 1: Obtain the Foreign Divorce Decree and other Documentary Evidence

You need to get a certified copy of the divorce decree from another country which must be apostilled.

You also need a certified true copy of the law from the authorized keeper of the law or an official publication.

There may be other documents needed, such as your naturalization papers.

All of these must be gathered as per Philippine Rules on Evidence and your lawyer should guide you through it.

Step 2: File a Petition for Judicial Recognition

The Petitioner needs to submit a Petition for Recognition of Foreign Divorce to the Regional Trial Court in the Philippines.

Other documents are submitted as well, such as the supporting proofs of divorce, marriage and the law.

Step 3: Court Proceedings and Decision

The court will look at whether the divorce decree from outside follows the laws of that country. After it is accepted, the decision needs to be registered with the PSA and Local Civil Registrar to change the marital status of the Filipino spouse.

For Filipinos who want to marry or move to another country, getting an annulment and having a divorce from another country can impact visa applications quite a bit.

Fiancé visas require proof that that the Filipino is legally single.

Spousal visas from some countries require that the divorce is legally recognized.

Below are a few common examples:

• The S. Embassy in Manila requires proof that you can get married for them to issue a K1 Fiancé(e) Visa. You need to provide a legal divorce or annulment document.
• Norway requires that the divorce is recognized by the home country before a new spousal visa is given.
• Other countries, such as Canada, Australia, and the UK, have similar requirements for immigration.

1. Lengthy Court Proceedings

Annulment can take 3 years or more, depending on how quickly the client submits the required reports and how fast the court moves.

Recognition of divorce cases from abroad can take 1 to 2 years from filing to decision.

In many cases, these are because the court dockets are clogged.

The ways to make sure that the process is streamlined is that your lawyer submits all the legal compliances.

Remember also to make sure that the complete documents are given.

2. Differing Interpretations of the law

The judge and the prosecutor assigned to the case may have a different interpretation of the law.

For instance, some judges will not accept an official publication, despite the fact that an official publication is allowed under Philippine Rules of Evidence.

Or, in Annulment, the judge may be extremely strict as to what constitutes psychological incapacity.

Thus, there may have to be clarifications made to them that can extend the case.

1. Can I file for annulment if my spouse is abroad?

Yes, you can but note that your spouse will be served documents from the court to ensure that he or she is properly informed.

2. Can I file for Recognition even if I am a foreigner?

Yes, you can file for recognition even if you were a foreigner?

3. Can I file for Recognition even if I filed the divorce and am a Filipino?

Yes, you can file for recognition even in this case.

4. How long does the annulment process take?

It usually takes at least 3 years from filing to Decision. However, busy courts and problems with evidence can make it last longer.

6. Is a church annulment the same as a civil annulment?

No, a Catholic Church annulment does not have any legal effect under Philippine law. A civil annulment is necessary for legal remarriage.

For legal help you need, always ask a Family Law expert for advice. They can help you take these legal steps easily.