Recognition of Foreign Divorce in the Philippines (Process)
Recognition of Foreign Divorce in the Philippines is possible
Recognition of Foreign Divorce Decree in the Philippines requires a court case to recognize a valid foreign divorce between a Filipino and a foreigner. It allows you to correct your Philippine marriage record to reflect the divorce.
There are a number of myths about Foreign Divorce in the Philippines. My article Recognition of Foreign Divorce Myths covers nine of them. It is worth reading especially if you have heard different things from different people on the subject.
Recognizing the Divorce Decree in the Philippines is possible regardless of whether the divorce was obtained by the Filipino or by the foreigner.
The requirement for Recognition of Foreign Divorce is just that at least one of the Spouses was a non-Filipino at the time of the divorce.
This follows from the second paragraph of Article 26 of the Family Code of the Philippines:
“Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien Spouse capacitating him or her to remarry, the Filipino Spouse shall have capacity to remarry under Philippine law.”
If you need to discuss a Recognition of Foreign Divorce in the Philippines case or issue contact us here
1. Why do I need to have my Foreign Divorce Recognized in the Philippines?
There are a number of reasons why filing a recognition of divorce case in the Philippines is important.
First, this allows you to correct your Philippine Marriage Certificate so that Conjugal Property Rights are given to the correct Spouse.
You will also be able to correct your last name in your Philippine passport.
And Philippine banks can issue loans to you without worrying about interference from the ex-spouse.
It is also specially important when you marry another Filipino or if you decide to live or retire in the Philippines. Without the case, there will be confusion as to which spouse should be given rights to conjugal property.
Lastly, recognizing the foreign decree of divorce may be needed to get a Certificate of No Marriage (CENOMAR) so that you can remarry in the Philippines. Without the case, you will still be considered married here.
Local Civil Registrars will only issue a marriage license when a CENOMAR can be obtained.
To check your Marriage Record, you can make a request with the Philippine Statistics Office for an Advisory on Marriage or a CENOMAR.
Philippine Certificate of No Marriage (CENOMAR)
With your CENOMAR in hand, think about your situation.
Do you have property or assets in the Philippines?
Do you plan to live/retire in the Philippines or are remarrying another Filipino?
If so, Recognition of Foreign Divorce will help avoid legal issues concerning Properties, Legitimacy, Inheritance, Spousal Support and Marital Rights down the line.
2. How do I file for Recognition of Foreign Divorce in the Philippines?
Let’s next look at how to file for a Recognition of Foreign Divorce.
A petition for recognition of foreign divorce can only be filed through a Philippine court case at the correct Philippine Regional Trial Court.
It cannot be accomplished any other way.
People inquiring how to file for a Recognition of Foreign Divorce have asked if it can be done by simply presenting the foreign Divorce Decree at a Philippine Embassy.
Or if going to the Philippine Statistics Authority would suffice.
Neither will work.
A divorce internationally obtained can only be recognized through a court case where both the Foreign Divorce and the Foreign Divorce law need to be proven in Court.
The first step will be to contact a lawyer.
You will need to get a lawyer to prepare and conduct the case.
It is important to be honest when you talk to your lawyer and provide all the facts about your foreign divorce
You should disclose everything to your lawyer.
Give him honest and complete details about your ex-spouse, your citizenships, your marriage and your divorce.
Do not edit the facts or be afraid to tell him everything. He needs to know these facts in order to do a good job. He will keep it confidential because a lawyer is bound by his Code of Ethics.
He will need to know the specific places and dates of events.
He will also need clear, accurate copies of your documents so that he can assess them.
He will need this initial information and documents to assess the case properly.
3. What documents should I prepare for a Recognition of Foreign Divorce Petition?
Many of the requirements for a Recognition of Foreign Divorce Petition are documents that need to be submitted.
Certainly the primary document requirements are your Marriage and Divorce Certificates and proof of citizenship to file your Recognition of Foreign Divorce case.
I have put together an initial list of document requirements for Recognition of Foreign Divorce here:
- Philippine Marriage Certificate/Record if the marriage was in the Philippines
- Official Marriage Certificate/Record from the foreign country if the marriage was abroad
- Report of Marriage of a Filipino Married Abroad (if one was filed with the Department of Foreign Affairs)
- Official copies of your Foreign Divorce documents
- Certified Copy of the foreign country’s Divorce Law
- Proof of citizenship
This is a general list.
Depending on the particular foreign country involved and depending on the particular case, other documents may be necessary.
This is because different countries have different divorce processes and different kinds of marriage and divorce documents. In fact, recognition of foreign divorce in private international law is sometimes discussed due to the conflicts that can arise when different laws contradict the other. This seldom occurs in regular cases however, so recognizing most foreign divorce decrees should be relatively straightforward.)
Your lawyer will be able to determine the full list after assessing the case facts and documents. You lawyer will also advise you of any other necessary requirements for Recognition of Foreign Divorce in the Philippines based on where your marriage and divorce took place.
Getting your documents ready is an important first step to file for Recognition of Foreign Divorce in the Philippines.
Your documents will be presented to the Regional Trial Court with the Petition.
The petition will list the facts of the case, relevant recognition of foreign divorce jurisprudence, landmark cases on foreign divorce decrees, as well as a documentary evidence.
For the Regional Trial Court to accept these documents as evidence, it needs to be assured that they are genuine. This is another of the requirements for filing a petition of recognition for foreign divorce.
Any Philippine documents you attach to your Petition need to have been officially certified by the correct government office. This may be the Civil Registrar, Philippines Statistics Authority, Department of Foreign Affairs etc.
Any foreign documents attached to your Petition will need to be certified by the correct Foreign Office. They will also need to be Apostilled by the competent authority or authenticated there by the Philippine Embassy in the foreign country. You can read more about the Apostille process in Apostille of Documents From and For the Philippines
If a foreign document is not in English, then its certified English translation is also needed and this should also be authenticated.
Your lawyer should advise you of all requirements for a Recognition of Foreign Divorce Petition, what needs to be authenticated in the Philippines and what needs to be Apostilled in the country where the divorce was obtained.
4. Where do I file my Petition for Divorce Recognition in the Philippines?
The Petition will be filed with the correct Regional Trial Court in the Philippines.
The correct Regional Trial Court is determine by Philippine Rules of Procedure and you must file at the correct venue so that the Court Decision can be affected.
To file, the lawyer must prepare a Petition for Recognition of Foreign Divorce signed by the lawyer and sworn to by you (the Petitioner). The Petition will contain copies of all the relevant documents and must also be accompanied by the Judicial Affidavit of the proposed witnesses.
The case will then be raffled to a specific branch of the Regional Trial Court’s in that city or province.
Yes, testimony will be needed
5. What is the court process for Recognition of Foreign Divorce?
The Regional Trial Court branch that gets the case will check whether the Petitioner or her lawyer have any family relation to the Court’s personnel, and take measures to preserve impartiality.
Then the Regional Trial Court will order that the substance of the Petition be published in a random newspaper once a week for 3 weeks.
The case will be calendared for first Hearing and Notices of this will be served to the Philippine government offices concerned, to the last known address of the ex-spouse, and to any other required parties.
The date and time of Hearing will be published in a newspaper chosen by the court.
Proof that these Notices were served needs to be shown on the first Hearing date. After that, the lawyer will have the documents of the case marked into the Record of the Court.
As you can see, this is a court process with extensive Pre-Hearing requirements.
The Trial itself requires the presentation of Witnesses and other evidence as well as written Memoranda, before the Court makes a ruling.
The Testimony of a Witness will be through a Judicial Affidavit. A Judicial Affidavit is used to speed up the Trial.
In a Judicial Affidavit, the lawyer’s questions and the answers of the Witness are set into writing and Notarized before the Hearing. During court, a Witness will simply identify and affirm this Judicial Affidavit in Court to complete her direct Testimony.
A judicial affidavit helps ensure the entire story is told.
The Witness can then be cross-examined by the government lawyer to verify her statements.
On cross-examination, she will be asked follow up questions about her marriage and divorce.
Because of the COVID pandemic and the changes in court procedure instituted by the Supreme Court, Witness Testimony can often be via video conference.
This means that a Witness may not need to come to the Philippines to Testify if the Judge so allows and the Philippine Embassy where you live offers court Testimony via videoconference. This may depend on the Judge’s discretion.
After all the evidence is submitted, the lawyer will submit to the Regional Trial Court a legal document known as a Formal Offer of Evidence.
If there is no active opposition by other parties, the Petitioner will then await the Court’s Decision. The waiting after these submissions will probably take a few months because of the clogged court dockets.
Assuming it is favorable, the Decision can thereafter be registered with the Civil Registrar and the Philippine Statistics Authority for Annotation on the Marriage Record.
6. Can I file for Recognition of Foreign Divorce while I am abroad?
Yes.
That the Petitioner is abroad while the case is being prepared can actually be beneficial.
If documents need to be secured or translated in the foreign country, it is then often easiest for the Petitioner to get them there herself.
For example, we recently had to file several petitions for divorces in Kuwait for Filipinos who were working abroad. We gave them the list of documents needed from Kuwait which they were able to get as they were still abroad. Otherwise, they would have had to pay or ask a friend to do it.
Much of the remaining preparation can be done in remote coordination with your lawyer over the internet.
You can undertake a Recognition of Foreign Divorce petition even while abroad.
In the past, the Petitioner would ideally come to the Philippines to Testify.
But ever since the Supreme Court has allowed video conference Testimony due to the global COVID pandemic, the Petitioner need not even be in the country to file a Petition under certain conditions.
If it is not possible for Petitioner to testify, the Judge may accept an appointed personal representative to appear on her behalf. The advisability of doing this will depend on how well and completely the documents presented can prove the facts of the case.
Note however, that videoconferencing is highly dependent on the judge. Some judges insist that you are present physically. Thus, videoconferencing cannot be guaranteed.
7. How long does a Recognition of Foreign Divorce case take?
Recognizing the divorce from a foreign spouse can take about a year and a half to finish from date of filing. This is because there is a trial, unlike most divorces
This can vary depending on the situation.
Apart from the Notice Requirements (Service of Summons and Publication), the reason it can take so long is because of the heavy backlog of court cases. Philippine courts tend to handle many, many cases at any given time.
Even though only a few Hearing dates are needed to recognize a divorce decree in the Philippines, these are sometimes scheduled months apart because the calendars of the courts are so crowded.
The court case can finish in about a year and a half, depending on the circumstances.
Also, sometimes side issues come up which need to be resolved so that the case can move forward.
While lawyers can ask to be accommodated by the Court with closer Hearing dates, sometimes this is out of their hands.
What lawyers can assure is the quality of their work and their diligence in order to prevent avoidable delays.
That is why it is important to make the most of every Hearing date. By doing so, it may be possible to finish the case in a shorter period of time.
8. How much does Recognition of Foreign Divorce in the Philippines cost?
We are always asked, “Magkano ang divorce sa Pilipinas?” The cost for recognizing the foreign divorce decree in the Philippines can vary.
There are the minimal fees to be paid to government offices for the Certified Copies of documents.
Then there are the fees charged by the Department of Foreign Affairs or Philippine Embassy for authenticating public documents.
When the Petition is filed, there is an initial Filing Fee collected by the Court.
There is also a requirement for the publication of the Petition in a small newspaper chosen by the Court.
There are court, document, publishing and lawyer’s fees to consider for a Recognition of Foreign Divorce cost.
There are other expenses associated with the court proceedings, such as for the court transcripts, photocopying, postage, and messengerial expenses.
A lawyer’s professional fees are dependent on several factors, among them the difficulty of a particular case, the logistics involved, how much further investigation and liaising with government offices are needed, and other specific circumstances.
Professional fees are divided into the lawyer’s acceptance fee for the case, by which he commits his time to study and analyze the facts, commits to represent the client, and to prepare the Petition for Recognition, the subsequent fees for the other written pleadings he must submit to the Court, and court appearance fees for each hearing.
These fees are agreed on during the early consultations with the lawyer, after the circumstances of the case are better known.
You can also read my FAQ Guide on the Recognition of Foreign Divorce and related reading on Foreign Divorce and a Former Filipino Citizen.
Atty. Francesco C. Britanico, FCB Law Office
Lawyers In the Philippines
697 Comments
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Submit a Comment
Hi there, I am a UK citizen currently residing in the UK. My wife is a Filipina who is currently living in Taiwan. After 15 years of seperation we are finally getting a divorse. I have been with another Filipina for almost 8 years and this will give us the opportunity we have been waiting for to start our new life together.
Can we get married outside of the Philippines once the devorce is settled and report it to the local Philippines embassy even without a CENOMAR?
Will it create any issues for us travelling to the Philippines as a married couple prior to a CENOMAR being issued? She still lives in the Philippines so I am not sure what issues this will cause.
Thanks for your time and reply.
As a foreigner, your marital status is governed by your own national law. With respect to reporting your subsequent marriage to a Philippine consulate, it is best to contact the consulate directly for their present requirements.
He filed a Divorce when he is still a Filipino. He is now a Foreign Citizen. Can I still file for Recognition of Foreign Divorce? I am Filipino BTW.
The divorce must have been obtained when one of the spouses was a non-Filipino. You may consider filing for divorce in his state of residence if that is possible.
If both were filipino citizen during the time of marriage and now a US citizen and both were married to different partners, is recognition of divorce applicable?
What matters is that at least one of the spouses is a non-Filipino at the time of the divorce. Such a divorce could then be recognized in the Philippines.
Thank you for bringing attention to the topic of divorce and the impact it has on children. It’s important to consider how the children are affected by this life-changing event. Your post provided some helpful tips for co-parenting, and I think it would be beneficial to explore this topic further. Another blog post that discusses the divorce rate in Canada and its impact on children would be an interesting read.
hi I got a question, I married in the Philippines in 3/2009 and got divorced United States in 6/2013. Before the divorce wife left don’t know where she went. Will my divorce here in USA be recognized. I am a us citizen not from Philippines. Wife was from Philippines though also she had some mental health issues that was diagnosed here in states that was also reason for divorce.
If you are a non-Filipino, a divorce under your own national law would be valid as to you and your country although it may require recognition with respect to the Philippines.
Hi. I’m married in the philippines and my husband is from the US and we got divorced abroad year 2017. Can i file my foreign divorced here in the philippines too?
Yes, you can as provided in this article.
Yes, certainly.
Question, the Filipino citizen (female) and an American (male) was married in the Philippines about 13 years ago, and the Filipino went to the USA and became a usa citizen, shortly after the 2 was divorced in the USA about 2019, The former Filipino citizen female remarried in the USA because in the USA she is legally single. And the American male wishes to get married to a Filipino citizen that is in the Philippines currently, would the USA male have to have the USA foreign divorce recognized before he can get a K1 fiancée visa for her the Filipino
with plans to marry in the USA?
We cannot speak to the requirements of US immigration law.
Hello.
Norwegian boy got married with a filipina in the Philippines in 2003. They moved to Norway and the girl got Norwegian citizenship in 2008. Then they get divorced in 2012. How to proceed if the boy want to marry a filipina in the future with Philippine passport
You should consider checking with Norwegian immigration requirements for the second Filipino wife. We have had clients who found they had to go through this recognition process because the Norwegian government required it before allowing the subsequent spouse to immigrate to Norway.
Hi, My husband is Filipino and I am a US citizen. We got married in Singapore in 2020. He was previously married and divorced in Malaysia to a Malaysian in 2017. He registered his first marriage in the Philippines. We are now working on filing for US Visa green card which requires a CENOMAR. Is his Malaysia divorce certificate valid for annulment in PH? How long does it typically take to update his CENOMAR status?
It usually takes about a year to a year and a half to complete the recognition process in the Philippines.
What if a filipina divorced in norway with norwegian husband,but they got married here in Philippines, can that divorced recognised here in Philippines and remarry someone.
Yes, it can.
I got married via online in US but unfortunately my husband’s country did not recognize that kind of marriage and worse was we already report our marriage in the Philippines. E and my husband plan to get married again but we don’t know how is it possible.. do we need tog et divorce in order for me to get a cenomar or you have any good insights and advice to us. We highly appreciate everything.
Looking forward to hear from you.
Thank you
You may consider asking legal advice from your husband’s home country considering the purpose for which you need your marriage to be recognized. With respect to the Philippines, if the Report of Marriage has already been accepted, the marriage is presumed valid.
what happened if i dont confirm my divorcee in philippines and marry another foreigner again
There would be doubts as to the validity of the second marriage.
Hello.
I was a Filipino Citizen when I married my Filipino husband in the Philippines. A year later, I filed for divorce in HongKong when I was still a Filipino Citizen. My divorce was recognized in Canada so I remarried to a Canadian citizen. I am now a Canadian Citizen and knowing that the Philippines would not recognize my first divorce, I filed for another divorce in Canada to dissolve my previous marriage. Will this 2nd divorce be recognized in the Philippines even though my proof of citizenship is showing my last name is my 2nd husband’s last name? Will the Philippine court deny my case if they find out that I remarried to another man even though my 1st marriage was still valid in the Philippines?
Thanks,
Cathy
The second divorce can probably be recognized in the Philippines.
Hi Question,if the foreign spouse passed away long time ago to his own country, do I still need to apply of Recognition for foreign Divorce ? To have a new life or ?
Thank you in advance.
For most purposes, having the authenticated foreign death certificate of the spouse would probably be enough.
Can an ex husband still chase the ex wife after divorce in foreign country when they go back in Philippines? Given that the petition in court is still on process?
We would need to know more about the facts of the case, as well as what you mean by chase.
Will a foreign divorce between a filipino citizen and dual citizen (US and Philippines) be reconized by the Philippine court?
No. One of them has to be a non-Filipino at the time of the divorce.
How much do i need to prepare for filing the recognition of divorce?
We would need to know more about your circumstances to say. Factors such as the availability of documents, the venue where the case must be filed, and the locations of the ex-spouses factor into the costs. Will send you an email.
I have cenomar of no marriage coz my married in other country is not forwarded so its not recognize in the Philippines and im divorced in other country where the marriage takes place now my ex wanted to get his share of the property he bought in my land. Do he have the right?
Not if he is validly divorced from you by his own law.
Where do i get a Danish Divorce Law?thank you
We work with our clients to obtain the foreign law as part of our legal services for a case.
Hello po ask ko lang kung pwede po ba makipag divorce kapag ang asawa mo ay amerikano at ikaw ay filipina tapos hindi kana masaya kasama sya pero sa US kayo kinasal maapprove po ba yung ganun na reason kung bakit ka makikipag divorce at pwede kapa ba magpakasal ulit after ng divorce pero sa filipino na lalaki na? Thank you po.
In this case, a divorce obtained in the US can be recognized in the Philippines and the Filipina can remarry here after the recognition.
Hi, just asking. I’m a Filipino citizen and currently had my British Citizen recently. Things not looking good atm and looks like me and my husband is going through a divorce. We got married in Philippines and now both British Citizen. Is my divorce paper from the Uk valid or recognised in the Philippines where we got married? Thank you.
A divorce obtained abroad can be recognized in the Philippines if at least one of the spouses is a non-Filipino at the time of the divorce.
Hi, just to ask.. both filipino citizen married abroad (marriage is registered in Philippine Embassy) and got a divorce . is it still possible to marry my foreign fiance without having to file a petition for recognition of foreign divorce? Thanks!
Note that a foreign divorce can only be recognized in the Philippines if at least one of the spouses is a non-Filipino at the time of the divorce. Unless one of the spouses became a foreign citizen before the divorce, it cannot be recognized in the Philippines in the first place. The would remain married in the eyes of Philippine law. An annulment may be the only option, which is itself only possible if at least one of them actually resides in the Philippines.
Hi ask ko lang po how long will it take sa bago marecognize yung divorce
The time varies between cases, but it may take about a year to a year and a half from the time of filing the case.
good evening po tatanung kulang po what if yung friend ko kasal sa pinas then Canadian citizen na po sya ngayon tapos nag babalak sya mag apply nang divorce canada..possible kaya matanggap sa pinas yung divorce nya .? at makapag pakasal kaya ex hubby nya pinas .?
Yes. If at least one of the spouses was not a Filipino when they divorced then that divorce can be recognized in the Philippines.
Hi,
Situation is, The Filipino Woman married an American Man in January of 2012 and rightfully gained a Permanent Visa or something like that in Texas.
after 3 years around 2015, the Filipino Woman went home to the Philippines and got married to a Filipino Man with complete marriage certificates to him as of June 2015. but this year as per checking by the Filipino Man, there was no record of the divorce or any kind of final decision from the marriage of the Filipino Woman and the American Man. Is the marriage of the Filipino Man and the Filipino Woman still valid? Can the Filipino Man file for the annulment of his marriage to the FIlipino Woman because she is still legally married to the American Man?
The second marriage would not be valid. A petition for declaration of nullity of marriage can be filed because of the existing first marriage.
Hello Atty! I would like to ask about my case. I’m married here in Philippines with a Filipino. I have been working abroad for more than a decade and I met a guy from Spain. I’m about to move there and planning to get a Spanish citizenship. If I become a Spanish citizen and apply a divorce there, do I still need to make the recognition of it in Philippines so I can marry my boyfriend?
You would be covered by the national laws of Spain with respect to divorce if you were already a Spanish citizen. Being able to marry in Spain would be a question for Spanish rather than Filipino law.
Hi good day Atty. I have a question about divorce and my ex- husband. We got divorce in USA and our divorce haven’t recognize in the Philippines. If he want to remarry another Filipina in United States, does he need to recognize our divorce first in the Philippines or he is free to remarry another Filipina in United States even if our married is still valid in the Philippines? I hope you can help me. Thank you
He is free to remarry. His marital status is governed by his national law. There may be administrative hurdles in obtaining a marriage license in the Philippines, but a marriage he does get would be valid provided you already divorced under his national law.
I am a Filipino . I was married in the Philippines with an American citizen in 1991.
We got divorce in 2016. Do I need to ask marital consent to sell the lot I acquired in my name and has married to him in the land title. Can I dispose that property with out his consent?
You should not need his consent, but you may be obliged to obtain a recognition of your foreign divorce to address all these concerns.
Hi Lawyers In Philippines,
I’m so glad I stumbled upon your page. My situation is a little complicated.. my husband (NZ citizen) and I (PH citizen) married in the Philippines in 2018 (officiated by a minister) and have decided to file a divorce in NZ. I’m staying in the Philippines while he’s in NZ and according to their law, we can jointly file for divorce as the costs will be less if done so and the proceedings will be straightforward. I just want to know once I obtain that divorce paper and file for recognition, will the Philippine govt still recognize it or will it be difficult since I also filed for that divorce?
Yes. Since 2018, the Supreme Court has allowed the recognition of foreign divorces even in cases where the Filipino spouse was party to filing the divorce.
Good day sir, i hope u can help me with my dilemma.
I was married here in the UK, year 2010, i hold a Philippine passport at that time.
My ex was french.
We got separated 2014, then we got divorce here in the UK 2019., I’m british citizen since 2018.
Now, my question is kasal pa din b kmi under philippine law? o mar dpat lng ako i submit n docs to prove im divorce here abroad?
planning to get married in the philippine soon and hopefully can apply for dual citizenship.
Also, it was me who filed for divorce.
please help.
thank you
You should get recognition if you intend to get married in the Philippines under the circumstances, considering that you were a Filipino at the time of the divorce.
Hi , I am a Filipino citizen
Married twice in japan
First with a Japanese husband and second with a Peruvian husband. Both marriage were here in japan and both divorce were here too.
I want to marry my Filipino partner what should I do ? Can I file for a recognition of foreign divorce for the two previous marriages? Thank you in advance
Both divorces can be recognized in the Philippines, but it is possible that the divorce from the Peruvian husband must first also be recognized in Peru before it can be recognized in the Philippines.
Hi. Can a foreigner file a petition for recognizing foreign divorce in the Philippines? What is the requirement needed? Thank you
Yes. The requirements are practically the same as for citizens.
Hello,
Husband and wife own properties in the Phillippines. If husband and wife who were married in Canada, got divorced (husband and wife are both filipino, only husband is dual citizen), does the divorce need be reocgnized by the court in the Philppines prior to agreement of dissolution of the properties? There is an agreement in place in Canada, but is it enforceable for the properties in the Philippines?
Thank you
Such a divorce is not recognizable in the Philippines. One of the spouses must not have Filipino citizenship at the time of the divorce or else the divorce cannot be recognized here.
hi,,
What happens in this situation. A foreign male marries a Filipina in the Philippines and then gets divorced 10 years later overseas.. The foreign man then comes back to the Philippines, finds another Filipina to marry and marries her abroad before he gets the divorce to the first Filipina wife recognized by the courts. Can he come back to the Philippines and file for his divorce to be recognized or is it now bigamy? Is the second marriage done overseas considered valid in the Philippines or does the first wife retain her spousal rights in relation to properties and inheritance?
It is valid with respect to the foreigner, but the first wife needs to get the divorce recognized in order to herself remarry.
Hi. I’m a Norwegian citizen, divorced in Norway from a filipina woman in 2019. we were married in General Santos, and my ex are now filing the case of Petition of recognition of foreign divorce in Philippines. Her lawyers fee is 100k peso, but now she says the additional court fee for every appearance to the case will be 20k peso each time, and maybe need three times appearance in court.
Is 20k a genuine court fee for this case?
We cannot speak for the costs and fees of other law offices.
Hi, I was married to a filipina but we are now divorced (in the UK) and I am engaged again. How much would it cost me to get the divorce recognized in the Philippines and how long would the process take? I am returning to the Philippines next week. What documentation should I bring with me for the process?
It is typical for a case like this to take about a year to a year and a half.
You should bring copies of your marriage and divorce documents. You should have them apostilled if you have the time to do that before you go.
Hi Good Day,
I just wanted to seek some advice about my mom’s recognition of the divorce process in the Philippines. My dad (a U.S. citizen) divorced her last 2010 and is already married to another woman right now. My mom was left with the divorce and couldn’t do anything about it, so we decided to try to find an attorney who could help my mom with the process. I am currently not in the Philippines, so my mom and her attorney mainly process the needed things. My current issue is that the attorney initially requested $100,000 but later increased it to $150,000 in the middle of the process without providing any specific explanations; that $100,000 was also supposed to include a change of surname for my younger brother because he shares my father’s surname, but we are not blood related. My brother’s attorney is now asking for another fee for having my brother’s surname changed. I am wondering if we are being scammed or if the prices are justifiable. The case is always moved with a reason because of the pandemic, which I clearly understand, but the court hearing was already moved more than three times, and one time the attorney told my mom that she could get some money from my dad, which I strongly oppose because I never and am not willing to communicate with my dad ever, thus asking for money from him. I hope you can help me clear some things out. Thank you
We would need to know more about the circumstances to speak to this. However, we presume that the denominations are be in Philippine rather than US currency or else they must be exorbitant rather than on the low side.
My Filipino husband divorced me last 2020 and we are not a canadian citizen that time. We were married at the Philippines last 2001, I just want to ask if he is allow to marry someone in the Philippines?
No. A foreign divorce can be recognized in the Philippines only if at least one of the spouses was not a Filipino when the divorce occurred.
My wife divorced me. Married a foreigner. After few years I met someone and wanted to marry her..Requested CENOMAR says there Im divoced. A PSA officer told me I am free to marry..so I did. Now Imy application for a Permanent Residency is on the verge of being denied as I maybe guilty of Bigamy. My first wife’s petition where her status was reversed and me declared divorced
was not recognized?
We would need to see your documents to comment on this. You can contact us through our form on https://lawyerphilippines.org to discuss.
Hello po atty,incase po ang foreigner ay magpapa kasal ulit sa pinas.pero dipa siya annul sa pinas.pero divorce na sa korea may papers narin po siya na divorce don dala dito at ipapakita sa korean embassy para maka kuha ng legal capacity to marry.pwede kaya siya makasal ulit dito sa filipina?hindi po ba mahihirapang kumuha ng spouse visa yung pakakasalan niya sakaling kasal na sila?
Hi. The Korean visa question is best addressed to a Korean immigration lawyer.
Good Day,
I am Filipina and my ex husband is a foreigner (Iranian). Our marriage done here in the Philippines through Civil Court. To make the story short, I obtained a Divorce Decree abroad with English translation, Authentication Cert and provided documents that needed from me. Everything I gave all what my Philippine lawyer needed requirements to my Petition of Proceeding of my Foreign Divorce. It tooks for me to wait 5 years and the result was “Dismissed”. The Judge explained because of the wrong court where my lawyer file my Proceeding of Foreign Divorce because there is no Jurisdiction of that court.
I feel devastated because of my lawyer negligence. I have questions. Is that possible my lawyer will file a motion or re file it? How long I have to wait again? Do I have a right to refund my money after what my lawyer did because of his negligence? What Am I supposed to do?
Thank you and I appreciate your kind help. Stay Safe?
We cannot speak to this without knowing the specific facts. This is best discussed with your counsel.
Hi, I am a Filipina. I recently got divorced here in UAE. I have been married for almost 5 years to an American citizen. We have a 4 year old son with me as I was awarded with the custody. I am the one who filed for the divorce because I was being abused in during the marriage, I was a full time mother and a housewife. I was not able to work for myself. I suffered financial abused during the separation prior the divorce while I have my son with me. My ex husband now is threatening me that he will take our house in Manila because its his property. We have a small house and lot in Cavite, the title is under my name. Is it possible for my ex husband to claim it? even we are divorced already abroad? do I need to file a petition to get our divorce decree recognized in Philippines? I am confused and don’t know what to do. what if I don’t want to sell the house, can he force me to sell the house?
He cannot be an owner of the land because foreigners are generally barred from acquiring land under the Constitution. As for the land, he would have to go to court to attempt to make you sell the land.
i am Australian was married in Philippines later my wife joined me in Australia but but we later got divorced in Australia Can i get married to my fiance in Phillipines where she lives at the moment
Check with the local civil registrar if they will issue a marriage license under the circumstances.
Hi good day, I have divorced my wife here in Australia already i have the divorce paper and everything to submit with a lawyer and wish to get some help to get recognized with PSA and would appreciate the help for the process and like to know how much it costs thank you.
We will need to know more about the situation to comment. Will send you an email.
Hello,
I am currently a US citizen (non dual citizenship). Married in the Philippines to a non-Filipino citizen. Moved to California then divorced 5 years ago as a permanent resident. Will our divorce be recognized in the Philippines (without the need for court proceedings)? I have no intentions of marrying again in the Philippines or here but my primary concern is to ensure that any possible inheritance of Philippine assets goes directly to my children and not the ex-spouse. Or can this be covered by a legal will & testament?
Thanks in advance!
The foreign citizen would not be able to claim inheritance if the divorce was valid under his national law.
A recognition case is necessary with respect to a Filipino citizen. We cannot speak to your situation without more specific information. If you wish, you can fill out our form for this on https://lawyerphilippines.org
Hello,
I obtained my divorce as permanent resident in the US. My Filipino fiance and I are planning to get married after I obtain my citizenship. My plan is to apply petition for K1 fiance visa. Is it possible to apply K1 visa without recognizing my divorce in the Philippines?
The divorce can only be recognized in the Philippines if one of the spouses was a non-Filipino at the time of the marriage.
We cannot speak for the immigration policies of other countries with respect to this.
Hello,
I am a dual citizen and would like to separate from my spouse, is it more efficient to get an annulment or let go of my filipino citizenship to file for divorce and have it recognized here in the philippines?
also can i reacquire dual/filipino citizenship in the recognition of divorce succeeds?
Thank you
This rather depends on whether you have sufficient grounds for annulment.
A reacquired Filipino citizenship which is then lost again may be difficult to once again reacquire. This is frankly a novel question.
Good morning,
I am a Filipino citizen formerly married to a US citizen, and I am trying to figure out what I need to get my California divorce recognized in the Philippines,
I am having problems with getting a certified copy of California Laws. Could you provide some directions on how to get that done? According to California State Archives staff, the code itself cannot be certified by them, just the collection of laws that were enacted to modify the code (since 1850…), which seems to be a huge undertaking. Should I be talking to a different California agency? Would you have some examples?
Thank you so much for your assistance
Yes, that has been our experience with California. We ourselves already have the apostilled laws relating to divorce from California which we use for our recognition cases from there. We may be able to help you. Will send you an email.
Good morning,
I am a filipino citizen got married to american citizen, now my problem is i need to renew my passport but one of the requirements needed in renewing passport is the PSA with annotation of my foriegn divorce. My first husband & i got married in the philippines & during the time we got married hes already US citizen thats why he is the one who filled the divorce.& now and I am trying to figure out what Things need to be done in order for my divorce acknowledge in the philippines, what are the requirements needed. I already have my copy of my foreign divorce with seal at the back & one documents that i need to secure is the Certified copy of the foreign country’s divorce law. How can i get that one? Can you give me a direction how to secure that documents?
Thank you so much for your assistance
The divorce decree should be apostilled as well as certified. The source for the US divorce law varies per US state.
We’ll need to know more about your particular situation to address it specifically. Will send you an email.
Hello po,
Married po ako jan sa atin pinas, napangasawa ko ay taga france after 4 years nag divorce kami dito sa france. Ngayon andito pa rin ako sa france meron akong bf gusto nyang mag pakasal kami paano ko ipa update jan sa tin yong divorce papers ko dito. tulungan nyo po ako
Maraming salamat
It has to be through the court process described in this article.
Will send you an email.
Dear Lawyers In Philippines,
I’m a Hungarian citizen, married to a filipina in 2019 May in the Philippines.
After we got married, I got all her visa stuffs & residence permit processed to have her here in Hungary for us to live together, got her a nice job, then as soon as she got her working permit she left me for her boss.
We just divorced here in Hungary this week, went through the divorce process to start our seperate lives all over with a new beginning.
My question is, – if ever- I’d like to marry a filipina again in the Philippines, what kind of process shall I go through?
Is the CENOMAR always a must-have requirement for foreigners in the Philippines to get married there or not in every case, and if so, is there a way to quickly (with least hassle) note this change in my civil status there in the Philippines? (i doubt that I can go to Phil in this covid situation, especially not for dealing only with some paper stuffs…)
Or CENOMAR is not always a necessity? Or you just advise that either not to get married again, or just marry in a foreign country?
Thank you for your kind help,
Best regards,
The CENOMAR is usually a requirement. The various local civil registrars have had differing policies on whether to require a CENOMAR aside from the foreigner’s certificate of capacity to marry issued by his or her embassy, but most require it.
We cannot advise you without knowing more of your specific facts. One consideration you should look into are the immigration policies of your country. We’ve had to do recognition of foreign divorce in similar situations for a European country because it was their immigration policy that required the remarried European to obtain recognition of the divorce in a Philippine court.
My soon to be ex is on the process of getting our uncontested divorce started in the United states. What can i do to obtain the divorce decree, divorce documents and to get it certified on my end. Lastly How to start the process of getting it recognized
You are entitled to copies of your divorce decree and documents.
It may be best to coordinate with your ex and his counsel in the US to get these documents duly certified and apostilled. The state’s law on divorce will itself also have to be obtained and apostilled.
If they cannot be counted on to transmit these documents to you, then you or your counsel in the Philippines should take steps to obtain them from the US court and government offices. These steps vary depending on the country or state involved.
The court case for recognition of foreign divorce in the Philippines will go as outlined in this article. We will be happy to discuss it and its requirements specific to your situation through our form on https://lawyerphilippines.org/
Hi,
My foreign partner and I married abroad early this year. Then we found out that the validity of his foreign divorce with ex spouse still needs to be reviewed by his country. He will need to seek validation by courts, worst case, refile the divorce in his country if it’s not considered valid.
If i report our foreign marriage in PH, and later if his country will not recognize our first marriage and will require us to do another one after his divorce recognition is sorted out, will I still be able to re-marry him? I understand that once I report the marriage, PSA data will already reflect marriage status and i will no longer get a CENOMAR? Thank you!!
The complications you anticipate may indeed arise. It may be best to at least find out first what his country’s position is.
GOOD AFTERNOON…MY QUESTION IS, DO A FOREIGN NATIONAL WHO DIVORCED HER FILIPINA WIFE CAN REMARRY AGAIN IN THE PHILS. WITHOUT FILING A JUDICIAL RECOGNITION FROM PHIL. COURT IF EVER HER FIRST WIFE DID NOT FILE FOR IT?
There may be an administrative obstacle in that most local civil registrars now require a CENOMAR even from a foreign applicant before issuing a marriage license. We suggest you consult with the specific civil registrar from whom you intend to apply for a marriage license if they would be willing to issue a marriage license to the foreign national.
If no local civil registrar is willing, then the alternatives are to obtain judicial recognition of the foreign divorce or to marry outside the Philippines and then file a Report of Marriage with the Philippine consulate of the foreign country.
Hello! I have the same case. My bf is a USC and was married to a filipina here in the Philippines and now divorced. The divorced isn’t recognized yet in the country. We are planning to get married in another country. So, does it mean we can report the marriage that will be taken abroad even if the Philippine marriage isn’t dissolved yet? Can we file spousal visa after? Thank you
We cannot speak for other countries’ immigration laws, but if he was never a Filipino you should be able to file a Report of Marriage with the Philippine embassy of the country you marry in.
Good morning sir. I am currently residing in the USA. I got married in the Philippines but now divorced in the USA. We are both Filipino.Now, I have a boyfriend and we are planning to get married, Is it ok if I remarry in the Philippines or do I need to be annulled first? Thanks
We can only speak for Philippine law. Since you are a Filipino citizen, Philippine law asserts authority over you marital status wherever you go so that you would have to get an annulment before you can remarry.
Hi, I am foreigner married to a philippina in Philippines court. I need to make divorce while I am in UAE and she is Philippines with our kid. What is the process? thanks
If you are a foreigner, you can get a divorce abroad (pending the divorce laws of the country you are in). This will end the marriage for you. She must still file a recognition of foreign divorce case to end the marriage in the Philippines however.
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Thank you!
I am a filipina and already a US citizen for 12 years.i got married last 2007 in the philippines.
I want to ask if it is applicable to apply for a divorce here in the US,
Yes, provided the divorce was validly obtained and at least one of the spouses was a non-Filipino at the time of the divorce.
I’m a Filipino Citizen and my fiancé is Indonesia citizen. I am now processing our marriage papers in the Philippines but we planning to get marry in Indonesia. Regarding the Affidavit of Consent of the Parent do i need to Apostille and process it to RTC too ? Thank you
My husband was divorced to his wife who is also a Filipina in 1997. We got married in 2000 before CENOMAR has been implemented. In 2018, he passed away and was not able to have his divorce annotated. Now for purpose of survivorship pension, I was asked by GSIS additional dox and informed me to have the divorce declared to PSA. Must I need to undergo same process you shared? Thank you
We would suggest you first speak further with the GSIS to clarify their requirements.
[T]he lawyer will draft the Petition for Recognition of Foreign Divorce which needs to be signed by the lawyer and sworn to by the petitioner.
Hi! May the petitioner be represented by an attorney-in-fact? Who in turn would be in correspondence with the petitioner’s counsel.
Yes, this is possible, but it is usually unnecessary since the petitioner can have the Petition and other needed documents notarized wherever she is including overseas.
Hi good day! How much the PUBLICATION FEE IN NEWS PAPER?
This depends on the location, the length of the order that the court directs to have published, and what newspaper it is. Costs can vary widely depending on those factors.
Hi my japanese husband and i (filipina) got married in japan,and now we both agreed to get divorce,but i am living now in the philippines do i have to go to japan for divorce process? or i don’t have to?
can i just do the whole divorce process in the philippines? thanks in advance
This rather depends on the divorce law of Japan.
Hello do you assist in terms of processing this? Please email me
Yes, we do quite a lot of this. Will send the email.
Hi I am Divorced now in Canada. And want to ask About the declaration of divorce. I am the one who filed the divorce because my ex husband does not want to file for it. I am still a filipino citizen.
It depends on some other facts. Will send you an email.
I’m in the US helping my Filipina girlfriend to divorce her US husband. But we also want to have the Philippines recognize the divorce so we can get married there. How long does that process take, and what would be a rough estimate of the cost so we can plan for it?
It usually takes about a year to a year and a half to complete the process. We’d need to know more about the facts of the case to estimate costs.
Hello,
How much does it cost (estimated) to file recognition of foreign divorce?
Thanks for your reply.
It depends on a number of factors. Will send you an email.
Hello, in 2007 I married a filipina in the US after br I’ll bring her to US under K1 Visa. Infortunealty we divorced 5 years later. I did file a report of marriage to PH embassy in CA, USA. I remarried later to another filipina in the US (she is PH citizen). I am assuming I am reported married in PSA to both ex- spouse and current wife. Since I followed everything legal in US for both divorce and marriage, I did not believe going to court in PH to get recognition of foriegn spouse (me) would be required as I am a US citizen and bound by US law. Does this impact my current spouse in any way? If so where might I find a lawyer in the PH who can help me accomplish remotely as we live in US? Thank you
I will send an email.
I am filing recognition of divorce in the country got divorce 2019 in USA California, as Philippines already part of 1. Does divorce decree has to be certified or exemplified? Before apostille by California state ? 2.Is the divorce law certified by law librarian has to be notarised and apostilled by California State as well? In able to be accepted by the RTC Court as most Philippine court Judges are quite strict.
This was answered in email.
Please advice me about the said topic because I got a conflicting advises.
Below is the overview:
Married date: April 27, 2010
Divorce Date: October 24, 2019
Wife: Filipina
Husband: Iranian
Place of Married: Dubai, UAE
Place of Divorce: Dubai, UAE
Divorce initiated by: husband
Question 1: Did I meet the criteria to apply for petition for Judicial recognition of foreign divorce?
Question 2: What are the requirements?
Question 3, How long will it take to finalize?
Question 4: How much will the lawyer charge?
Question 5: Can I get married in the future even without doing the formality of Petition to recognize the divorce?
Thank you Atty. I just hope to receive a reply from you.
We seem to have overlooked this comment.
Yes, you did meet the requirements.
The Supreme Court has ruled that a Filipino’s foreign divorce must be judicially recognized before she can validly remarry.
Hi!
I got married in the Philippines with a non-Filipino citizen. We live together for a couple of years before we got divorced in his home country. Currently i am still living abroad and planning to file for Recognition of Foreign Divorce in the Philippines. Do you have any idea how much does it cost? An estimate maybe.
Does it affect the process if we both did file for the divorce?
Sent an email.
same question how much does it cost for filling recognition of foreign divorce can you please send me mail too thank you
Sent an email.
Hi Good Day.
My concern is… my ex husband and I are both Filipinos and a divorce decree has been granted to me by the Kuwait Government and the decree has been attested in the Phil Embassy here in Kuwait can this be recognized in the Philippines? As most of the comments I have read, its says that recognition can only be granted if one spouse is non-filipino. Please clarify. If yes, can the recognition in any RTC or it must be in the area where we filed our marriage?
This foreign divorce is not valid as you are both Filipinos.
This means that you are still married and that can lead to a great many problems over property, inheritance and others.
The only way to end a marriage between 2 Filipinos is still Annulment.
I am US citizen and got married here in the Philippines. Is it possible for me to file a US divorce to end my marriage here or am I stuck with having to go through the annulment proccess?
Sent an email.
Hi! hope this finds you well.
Just have an inquiry… I am married UAE to a Sri Lankan national and currently we are no longer in speaking terms as he left and went back home to his country 04 years ago. I’m considering to file a divorce here in UAE. Presently, I’m in a relationship now with a US citizen. My question is, if the divorce has been granted, will the divorce paper be sufficient to remarry my boyfriend who lives in Guam.
Kindly advise.
Thanks/
Under present Philippine law, you need to go through court recognition of foreign divorce. The Supreme Court has ruled that a Filipino cannot remarry under the circumstances until the foreign divorce is given court recognition in the Philippines. Other countries will have different views.
Hi.. good day I just want to ask my boyfriend is a foreigner and his married to a filipina here in the philippines and they got divorce in austria. He also authenticated his divorce in the philippine embassy in austria. can we married now here in the philippines or he need to have a recognition of divorce here in the philippines and how much will it cost and how long will it takes? thank you
Sent an email.
I was married to a foreigner under Sharia Law on 2012 registered in PSA 2014 and got divorce in 2018.
I want to revert back to my maiden name, what will be the process?
In my case, how can the divorce decree issued by the court abroad be recognized in Philippines? (by the way, divorce paper has been stamp already by the Phil. Consulate.)
If in the future, if i will get married to a foreigner would that be possible even without the recognition of the divorce decree?
Sent an email.
Hello Atty. Britancio! Divorced po ang Filipina friend ko sa Japanese husband nya. Sa Japan po sila kinasal at nadivorced. Pwede po ba syang magpakasal dito sa Pilipinas sa boyfriend nyang Filipino kahit hindi magpa-recognize ng foreign divorce? Makakakuha po ba ng CENOMAR sa PSA?
Hi Elma:
It is likely she will have a record of her marriage at the PSA. However it is best to check first.
If she does have a record, she would have to recognize the divorce in the Philippines as she would not be able to remarry.
Kasal po ako sa US citizen and naghiwalay po kme due to the fact na may nabuntis syang babae dito sa pinas and and I was left in Philippines po. recently he send me an email with certified true copy of final divorce decree and hindi nya po ako sinendan ng physical copy .. would it be sufficient po to initiate ng recognition of divorce in philippines? I really need help po . gusto ko po malaman lahat ng process and cost po
Sent an email.
Atty Francesco, same query po sir my ex wife send me a certified true copy of final divorce decree from australia thru email, pero wala siya sinesend sakin na physical copy, is it sufficient and how to process it if i want to recognize it here in philippines as of now she git married to a australian guy na din
It is necessary to obtain an authenticated physical document from abroad.
Hello and Good Day
Hello im a filipina woman and I divorced my foreign spouse a few years ago , since i was young i lived abroad never really understood philippine law growing up but more the country i was in which is Japan , my parents are both filipinos but i managed to go to japan at a young ahe to study, All my identification was still under my ex husband name , which didnt really bother me much since it was easier for renewing passport and etc till i met a new man in my life , I re-married in Australia and my divorce was acknowledge by the celebrant of that country when i went to ph consular office they told me i cannot register my marriage as i am still legally married under philippine law, As soon as I found out i flew back to philippines to file a petition for RoD I did everything on my own from filing the divorce in Manila City hall and went to PAO ( public attorney’s office ) and File the petition in RTC .
My question is which really bothers me a lot is because , I was able to marry in Australia we were able to even registered it in Australian Govt even able to obtain a Residential Spouse Visa for myself , will our marriage be valid in Philippines once I able to revert my maiden name? Can i register our marriage in PSA ? Because i was able to marry abroad before my RoD was released
The Supreme Court of the Philippines has made a ruling where it stated that the judicial recognition of a Filipino’s foreign divorce is necessary in order for the Filipino to remarry.
This makes situations such as yours difficult, but that is the state of jurisprudence until the Supreme Court rules otherwise.
Hi Atty…i would like to ask how much does it cost to file a petition for recognition of foreign divorce?
Can u help me in my case?my husband is American Citizen and I am a Filipina..we got married last 2016 and we’re already separated(illegally)..he abandoned me..I want a total dissolution of our marriage….
Thank u
Hi JMC:
Did he divorce you abroad? If so, you can file a Recognition of Foreign Divorce case as one of you was a foreign citizen at the time of the divorce.
Otherwise, you might have to file for an Annulment.
Hi, would like to ask how much would be total cost for recognition of divorce? How long does it takes especilly it was registered provincial? Currently abroad, can it be process while abroad? Thank you. will wait for the email for the response.
Sent an email.
Hi there, I’m May; a Filipino but now British Citizen and got married to a British Citizen on 2011. And divorced just over a month ago. My question is, what can I do in order to be recognise my divorce in the Philippines? How long does it takes in filing the marriage to be disolve in Philippines? Hope you can give me an advice. Thank you
Sent an email.
Hi. Im Mina filipino citizen married to a British citizen in England last 2016. Our marriage got null and void last 2018. Do i need to have it recognized if we are planning to get marry here in the philippines with the same person. ty
Sent an email.
Hello, I am a filipino who married a british-filipino guy from the UK and we aren’t together for almost 2 years. Please send me the same information. How much would it cost me to file for recognition of foreign divorce and how long would it takes? Thank you!
Sent an email.
Good morning,
I have been reading reading articles about a filling a divorce, I am Danish and I’ve been married to a Filipina 2015 and we have two kids but she kidnapped my sons and doesn’t want to go back In denmark, so I file a divorce in here my country I got it 2 months ago so now I am single in my status,, but I want to file i divorce in Philippines too so that I am totally single.. Do you know how to thanks. Have a good day.
Regards, lars
Sent you an email.
Hi,
Our marriage took place here in NY USA, not in the Philippines. We’re both Filipino citizen before but now we are US citizen and divorced already.
I met and marrying a Filipina in the Philipines but I see I need to file Divorce Recognition. If I petition her as fiancee visa here in US, will my application needs that I should be single in the Philippines? Can you give my pricing involved for your service.
Thanks,
Nathan
*your pricing
Sent an email.
Sent an email
Hello, I am an American Citizen living in the Philippines. Two years ago my Filipina wife and I were granted a divorce in Guam. We have lived apart since the divorce was granted. I am seriously thinking of filing to have the foreign divorce recognized here in the Philippines because I found a woman here I am very serious about (we are currently living together). My ex-wife found out about my new relationship through Facebook. Now my ex-wife claims she still has matrimonial rights because divorce is not allowed in the Philippines. I’m not sure what she wants or what she will do from today on, but I am worried. My question is, according to Philippine Law, does my ex-wife have marital rights’ she can use in her favor against me?
Sent an email.
I am American and my wife is filipina. We agreed to get a divorce but now she is having seconds thoughts because she wants to make agreements before signing the paperwork. I was going to file a 7 day no fault in Guam( a USA terittory) because its faster and they said the can get the divorced red ribboned by the phillipine consulate their. Would that help spend up things for my filipino wife to get her CENOMAR or recognition of divorce?
Sent an email.
Hi. Fiance got divorced and didnt obtain the rrecognition of foreign dvrce yet. Can he be married to a different country?
This depends on his citizenship and the country involved.
Thank you Atty.
I did not receive the email yet…
Hi Chelsea:
I sent an email, but it bounced as it could not located your email address.
Please send an email with a description of your concern to admin@lawyerphilippines.org
Hi Atty.
I am a Filipino who later on became a citizen of Canada. I was married when I came here, but my husband choose not to follow me here and we went on our separate ways. I was advised by a lawyer here to file for a divorce. I was not yet a Canadian citizen when the divorce was granted, but I eventually became a citizen. Can I possibly file for a Petition to Recognize Divorce in the Philippines?
Thank you for your response
Sent an email.
Hi , Im shiela .. I am a filipina citizen and got married to a australian citizen here in the philippines .. My ex husband file a divorce in their country(Australia) and it was granted.. And he dont want me to give a copy of those documents to me .. How will i able to get a copy of those documents if i dont have any details about the Divorce decree granted? And whats the First move that i need to do ? Where and how do i know if the Australian Law court Forward those papers here in the philippines.. Hope you could help me …thanks god blesss
This depends on the details of the case.
Do you know where he filed for divorce? Do you know what state he is in?
This information and others may help you determine who you should approach to find the document.
Hi I’m seeking for help and advice on how to start applying for recognition of foreign divorce. If you can please advice on how to go through the process, requirements and cost. If you can please let me know via email that would be much appreciated. Thank you
Sent an email.
Hi Atty. I’ve been divorced for the past 8 yrs and I need my paper to be recognised here in the Philippines.
My ex was a US citizen and we got married here in the Philippines but he filed the divorce in the US.
I would like to know at which city do I file for the recognition of foreign divorce – where we got married or where I actually resided?
Thanks for your help!
Sent an email.
Hi, I was married when both of us were Filipino citizens, then she had a changed of heart and ended up going our separate ways. I received my US citizenship in 2018 and was granted with my divorce in 2019. My lawyer here in the US keeps on advising me that I don’t need to file for petition of divorce since I am a US citizen already and they can’t sue me for bigamy if ever I get married in the Philippines again. Though, I find it hard to believe. My thoughts are, I still have my marriage record standing and that could go against me down the line. Can you tell me what my ex-wife can file against me if I get married in the Philippines? Which is a better choice for me, file for recognition of divorce or straight up annulment?
Sent you an email.
I am a dual citizen( fil-am ) who married my Filipina girlfriend in the Philippines in 1992. I petitioned her to be able to go to the USA. After a few years she became a naturalized american citizen and 3 or 4 years later she divorced me. Is that recognized in the Philippines ? In effect it was an american divorcing an american.
Sent an email.
Hi.. I am Glori, I’m a Spanish citizen and was married with a Filipino in the Philippines.. but I got divorced here in Spain. My ex husband signed everything in the Spain embassy in order for us to get divorced here. Now I am married to another Filipino can I report our marriage to the Philippine consulate here in Spain to get a PSA marriage certificate or should I need a recognition of foreign divorced first.. or if we want to get married again in the Philippines should I file for a recognition of foreign divorced.. thank you
You can probably report your marriage at the Philippine consulate. It is your Filipino ex-husband who would need to go through this process for him to validly remarry under Philippine law.
You can probably just file the Report of Marriage at the Philippine consulate under the circumstances.
Hi, I have some questions and I hope you will help me. I am married in the Philippines, we are both Filipino. I am planning now to divorce our marriage here in Canada. Once I finalize our divorce here in Canada, I am planning to file it for recognition in the Philippines. With regards to that, I just want to ask how long it will take for filing of recognition in the Philippines? Can I do filing of recognition even if I am here in Canada?is there a possibility that once filing of recognition is done, can I marry again in the Philippines? Thank you so much. Your reply will be highly appreciated. ??
As you are both Fililpinos, you cannot obtain a foreign divorce and file for Recognition of Divorce in the Philippines.
The Canadian divorce is void as per Philippine law.
The only way to separate from your husband in the Philippines is to go through an annulment in a Philippine court.
I’m Rogério Shiroma, Brazilian Citizen
I was married with Filipina citizen
i divorced to her from Brazilian law and get LCCM in Brazilian Embassy in Manila to prove that i can remarry in the Philippines
My cenomar continue record that I’m marry
in Manila and Quezon city municipality they told me i just show my documents to prove that i was divorce from Brazilian’s law
but… this time i tried to apply my license to remarry in Talibon Bohol, they not accepted.
they have doubt about this topic
why in Luzon I can to remarry but in bohol they request to register my divorce to NSO first
If I submit my documents to LCR to filed it’s enough?
what can I do?
pls can you help me
thank you in advance
Sent an email.
hi is there anyone have a copy of california divorce law? can i get a copy from the court house? what should i tell them? just “ divorce law” what is the particular document , because i believe divorce law is big! they wont give me the whole book..
This question must be taken up with your lawyer.
Your lawyer can guide you as to the exact statues that you will need to get.
He will also guide you as to how to obtain the foreign law in accordance so that it is admissible in court. If it is not obtained in relation to these strict requirement, the case does run the risk of being dismissed.
This usually takes some time and study, so it is something that lawyers do only when the client has engaged them as legal counsel.
To Whom It May Concern,
Hello and good day po! Pinay po ako…I married an American citizen noong March 1987…we got married in the USA and live in the USA since 1991. Then I decided to get my American citizenship and become American citizen year 1996 to present and lost my Filipino citizenship since 1996. My American husband and I got divorced Feb. 2001 and at the time of the divorce I was and still is an American citizen (not a Filipino citizen anymore.)
After 5 years of my divorced, I remarried again to an American citizen noong Sep. 2006.
Year 2017 I decided to get my dual citizenship so I did and I am now dual Filipino/American citizen. I didn’t know any better no one has told me, so noon na I was to report my divorced to the Philippines government for my divorced to be recognized in the Philippines. Since I did not reported my divorced from my ex-husband I cannot use my NOW husband’s last name sa Philippines passport ko, neither of my marriage has been recognized yet in the Philippines because I was told at the Philippines consulate in Chicago na I have to declare my divorced first from my ex-husband.
In my situation and circumstances what advice can you give me? You’re help is very much appreciated….maraming salamat po!
Sent an email.
Hi, I hope you could help me. I need a lawyer in the philippines to recognize my divorce decree. My american ex filed a divorce in US even we jusy got married in the phil only.
Hi, I hope you could help me. I need a lawyee im the philppines to recognize the divorce decree from US. I was married to a US citizen in the philippines and he filed divorce in US.
Sent you an email.
Hi
Both parties are Filipino citizens and one of them (the man) filed a divorce in the US. and is now married to another woman in Guam which is a US citizen. Prior to his marriage to the US citizen. The man asked his ex wife to signed the divorced papers and submit it to the us embassy. All of this happen over a decade ago.
1) Is his marriage to his second wife valid? even though he is still a Filipino citizen
2) are they still considered married here in the Philippines?
3) will there be a valid legal action for the first wife? can she file a case? bigamy? How?
4) they also have a child. Which the guy had abandoned. can they also file a case for this.
Hope you respond to my questions
Thanks
Sent you an email.
Hi is there anybody here who has a divorce law of the netherlands in hands please badly needed for my petition to proceed? Thank you so much
Dear Lina:
Obtaining the divorce law must be in accordance with Philippine laws on evidence. There is a specific procedure for this that varies per country or per State, in the case of the US.
As such, only your lawyer can really advise you as to how to do this since only a lawyer would be familiar with the process of proving the law.
Please do not photocopy and red-ribbon the law as this runs the risk of your case being delayed or dismissed.
Hello, im.a filipina maried to american, and my husband now is married before to a filipina here in the philippines last 2012, he applied divorce in his country and it granted last 2014 because hiis ex wife didnt contact him anymore after he stop sending money to her, we married last 2017 here in the phils coz he already divorce and found out in the certificate from the PSA that he got record, married twice here in the phils..me as his spouse now, can I process his divorce/annualment here in the phils in behalf of him?how long it takes and the cost?…thank you so much
If you are living in the Philippines, it is best to process the Recognition. The Philippines may believe the former spouse has a claim to your current husband’s property as the divorce has not been validly recognized.
I sent you an email.
Though not funny to the couple (Referring to the Swiss husband), I bet this marriage brought out a few chuckles to both barristers and readers! It is rare today to not check out compatibility in advance in many areas!
A friend of mine, married a Swiss man in the Philippines in January of 2018, waited for the marriage certificate to arrive and then traveled to him in Switzerland, at first she did not really understand what Erectile Dysfunction (ED) was and to this date the Marriage has not even been consummated.
She wants to get a divorce there in Switzerland but does not believe it will be valid in the Philippines and that she will still need to get an anullment in order to remarry is this true? She does not intend to remarry again in the Philippines possibly in the US under a fiancee visa.
I will send you an email.
This friend of mine married 25years ago in US but the he got divorve 13years ago but when he get his Certificate of no marriage it state there that he is still married to his ex-wife,now my question how can he re-marry here in the philippines?he got the final divorce decree from US.
Sent you an email.
My american husband fathered a child here in the Philippines. Can this be a ground for his deportation? Can i sue him under RA 9262 here? I am a dual citizen. Thank you so much in advance for any assistance you can extend me.
Yes, you can file a case against him.
Will a divorce by a Filipino granted abroad be recognized in The Philippines?
If a Filipino and a foreigner validly divorce abroad, this divorce can be recognized by going to court in a Recognition of Foreign Divorce case.
Goodmorning sirs/ma’am
I was searching in the internet anout marriage annulmentor pertaining marriage
I am a filipina married to a Japanese national.He had divorced me 25 years ago
But we are married in church in cebu ,
Is it mean I’m also divorced in church? I’m confused on my family name and status whenever signing papers
When we separated he says i can still used his family name ir change whenever i want since in japan anytime you can change but u still bring his surname until now but here in cebu whatever papers to have signed i don’t know if i write single or whatever it is
Please teach me what to do.
Hi:
You are still married in the church and in the Philippines.
You can correct your status in church by filing for an annulment. You can also correct your status in the Philippines by filing Recognition of Foreign divorce in court.
This allows remarriage in the Philippines, clearing your civil status and changing your passport back to your single name.
I am an american citizen married to a filipino lady. I finished the divorce in the US and am looking to register the divorce here. I have been quoted some crazy amounts to file the documents and would like a reasonable answer to the question you skirted in your description. How much should this process cost? She left and moved to the province, somewhere I cannot live comfortably. I will give her our property and business but that is all. There were no children. I wish to marry another filipino lady who actually does want to go to the US.
Sent you an email.
Good afternoon po,ex wife po ako ng japanese kinasal po kami dito s Pinas Year 2007 now po divorced n po kmi pero di nya po ako binibigyan ng divorce paper copy nmn po doon ….ano po ba ang hakbang n dapat ko pong gawin ,upang maayos ko n po ang status ko po dito….maraming salamat po
Sent you an email.
Hi, we’re both Filipinos and married in Muslim rites here in the Philippines. My husband is a Muslim and i am Catholic but before the wedding, i converted to Islam. After 5 years, things did not work out right, my husband filed for a divorce in Shariya court. I signed his divorce application. The divorce certificate was processed and sent to PSA for recording. After a month of filing, i requested a copy of Marriage cert from PSA, i was hoping to get a marriage cert with a divorce remarks because that is what i was told to be received. But instead i still received an intact marriage certificate of us. I am confused, was the divorce certificate valid? I am planning to change my name back to my maiden name but what documents should i secure to prove that our marriage was divorce? Thank you. 🙂
It may be that the marriage was not registered as under Muslim rites. This should be raised with the PSA for clarification.
Hi, Me and my american husband (63y/o retired) got married (civil) in Las Vegas USA last Year and already reported our marraige in the Philippine embassy in California. We Decided to live here in the Philippines and got married in the Catholic Church last October 2018. By the way I applied for his permanent resident visa and got it approved already. Two weeks after our church wedding something happened. To cut the long story short, aside of his infidelity issue, I am a victim of domestic violence. He continue to verbally, emotionally and mentally abused me that nearly got physical. I ask him to leave the country during one time of our heated arguments. He flew back to USA last January 1 of this month. During the time that we were together in USA, he used my credit card to purchase everything he wanted and promised that he will take charge of the monthly payment (Car rental, hotel on our trip, airline tickets etc. ) but my bills went to a huge amount due to interest because he only pay partial amount every month. Before he left he told me that he wont pay anymore the credit card bills since I have no proof that he used it because it’s under my name. My questions are: 1.) how can I sue him with regards to his unpaid debt if I’m in the Philippines? 2.) If he file a divorce can I demand him to pay the bills that he left me? 3. Do I need to file an annulment here in the Philippines since we also had a church wedding here? Thank you.
Sent you an email.
Good day!
Pls send me your contact info, i would like to get in touch with you re: recognizing my divorce.
Thanks
Sent you an email.
Ano pong documents ang kelangan para magpakasal sa US? Thank you
Hi Becca –
Please consult with a US lawyer on US marriage requirements.
However, please note that if you are a Filipino marrying a US citizen and wanting to immigrate, a CENOMAR can be required by US immigration.
Hi,I was married here in Philippines but my ex husband is in Sacramento at US citizen po sya.Magfifile po sya ng divorce and after we got divorced in US ano po next step para nawala po yong record ng kasal namin dito sa Pinas?
Hi Becca:
You will need to go through the 1 to 1.5 year Recognition of Foreign Divorce court process.
This will require several documents that must be red-ribboned from the state such as the divorce decree. Also necessary is the US California law on divorce.
This will allow you to end the first marriage and marry again.
Hi. I am a Filipina and have an Italian boyfriend that is still married to a Filipina. They get married in Philippines August 2011 and separated November 2016. We are both working now here in Singapore and my bf wants to file divorce for his previous marriage. Is it possible? He dont mind going back to Italy to file for divorce if possible, and when it is granted he wanted to file recognition of foreign divorce in thw Philippines. Please enlighten me on this. Thanks.
Hi Irene:
Yes, he can file for divorce abroad.
This can then be recognized in thr Philippines.
hi Im geracel I have a american boyfriend he wants to marry me but he burn his divorce p.long time ago. what should we do
Hi,
I am a filipino. I was married in Australia 2007 and my ex Australian husband filed the divorce. We got officially divorced 2010. We did not report our marriage in the Philippines embassy in Australia. I had no clue that time as I was really young. So basically my
Married was not even registered or reported in Philippines government agencies. Is my divorced recognised in Philippines? When I request for my Cenomar it come out negative. I have talked to some lawyer and was advices that if the divorced obtained by my ex husband allows him to remarry, I should be allowed too. So me and my foreign fiancé got married here in Philippines and it went all good and our marriage is now registered in PSA.
Hi! Here’s my situation:
2014 – I got married with my ex, I was still a filipino citizen during this time.
2017 – I became a US citizen
2018 – Filed for Divorce in US
2019 – expected approval of my divorce
*things didnt work out for both of us. I wanted to make sure that in the future, when I meet my real partner in life, i won’t have a legal problems down the line.
Assuming I met another filipina in the future and wanted to get married in the Philippines again.
1. What should I do next?
2. How much does it cost?
3. Am I eligible to file for Recognition of divorce despite my US citizenship?
4. What if I just get married here in US, being divorced, can she sue me?
If you are required to get a CENOMAR when you marry in the Philippines, you will need Recognition of Foreign Divorce.
We also find that some pursue it because they want to be sure that if they acquire property their ex-partner has no claim. This is especially important for retirees.
Am I eligible to apply for Recognition of Divorce? I heard only a filipino citizen can apply for that? (I am a USC now)
If so, how much does it cost?
Foreign citizens can file for recognition of their foreign divorce. Will send you an email.
Hi Atty. I want to file recognition of divorced. Please send me email. Thank you so much
Sent you an email.
Hi, we were divorced since 2014 at Sta Monica Court Caligornia, my ex-wife filled it there. II am here in Phillipines and dont have a chnce to ho to US. I already have the divorce decree on my own and had it red ribbon thru the help of a friend. They said that 1 of the requirement for filling a judicial recognition of divorce is the “Law use in the divorce of the foreign country and have it Authenticated and Red Ribbon” and that is my problem because i dont have the chance to go to US to get for that particular document so that i can file it here in the Philippines. Mu ex-wife dont want to help me anymore and she said that if i want to be single again here in Phillipnes i should do it on my own. As her updated status now was, she got married to a foreign national last May 2018 and now she just gave birth to their 1st baby.
Is there still way on how can i file the recognition of our divorse here in Phillipines?
Thank you.
Yes, will send you an email.
Hi, i just want to ask how much will be the cost for filling recognition of foreign divorce. He is a Korean Citizen and divorce to Filipina. And what documents he needs to process in Korea to submit in Philippines Court. Thank you!
Hi, I was married in America to a US citizen 22 years ago. We have been separated for 19 years now. I have been trying to get my foreign husband to get a divorce in the state we got married in. He has not done so. I am currently in the Philippines and have been here for 19 years. I want to get the divorce so that I can get married here. What should I do to get this divorce from here? Do I need to go to the US to get the divorce? Will the divorce be accepted here?
Thank you for your help.
Will send you an email.
Hi I been married in the Philippines with my filipina wife We both went to London afterwards and obtain new citzenship. We then filed a divorce and got approved. At that time we were not on a dual citizenship. I’m planning to marry a filipina in the Philippines and bring her to UK. Is it more complicated if I will apply for dual citizenship? or much better if not? Whats the necessary steps I will do to dtart and how can I obtain your
service?
You will need to prepare your documents for review. Will send you an email.
Hi Atty. Francesco tanong ko po pano po magfile ng recognition of foreign divorce.. balak po kc nmin magpakasal ng gf ko, pero divorce n po sya s japan at magkano po gagastusin.. salamat po godbless
It will require a court case filed at the Regional Trial Court. Will send you an email.
Same cases Atty. can you give us some advice.thank you
We need more information about your specific situation.
If you fill out our form on https://lawyerphilippines.org we will be happy to help you.
Hello, i am canadian i am divorce of my ex filipina wife but when we get married before she is already canadian citizen, now i plan to get married of my fiance in the philippines, do i need recognition of my divorce too?
Please see my reply to a similar comment here.
I am a Filipino citizen got married in 1990 in the Philippines. In 2005, My wife who was a Filipino citizen migrated to US and 4 years after filed a divorce there. I signed that divorce paper and submitted all those documents to the US embassy. She got married to a US citizen but that marriage was only short-lived and eventually got divorced.
How can I make our divorce be recognized in the Philippines so I can marry again.
If your wife was a Filipino citizen at the time of her divorce to you, then annulment may be the correct option.
If your wife was an American citizen at the time of her divorce to you however, then this can go through recognition of Foreign Divorce.
hello, i have no idea what i need to be done about my divorce 4 years ago. i reported my married here in tokyo embassy what should i do to remove my marriage in NSO? I was married to a japanese national who is now married already how can i start in order to remove him from my record in NSO? we didnt get married in philippines so basically we dont have record of whom or where the married ceremony. Our married was done here in japan system.
please advice me thank you
Since your marriage was reported to the Philippine embassy in Tokyo, it is recorded in the Philippine civil registry. You can order a copy of your Philippine marriage record either at the PSA offices in the Philippines or online here:
https://www.psaserbilis.com.ph/Default.aspx
I suggest you order both a marriage certificate and a CENOMAR.
In order to have your marriage record changed to reflect your divorce and change of civil status, you will need to file a court case in the Philippines for recognition of foreign divorce.
hi po good afternoon.
tanong ko po pwede ba mag file ng recognation of foreign dvorce if joint pettion for summary dissolution ang divorce ko:: filipino po at foreign citizen na kasal sa pinas at my final decree na kami ng divorce. thank u po..
Yes. Whether the spouses filed it jointly or even if the Filipino filed it instead of the foreigner, the divorce can be recognized in the Philippines if it was validly obtained abroad.
Hi, my sister and her Japanese husband got divorce in japan for almost 10yrs now (my sister is the one who file for divorce). And now she is married to another Japanese national. She wants to change her last name here in the Philippines with her present husband’s name. We just want to ask some things and we hope you can help us:
1. Should she file for judicial recognition of foreign divorce here in the Philippines in order to change her last name?
2. Is it possible for the application to go through even if she is in japan?
3. If yes, what are the needed requirements and how to apply? How much will it cost? How long will it takes for the petition to be granted?
Thank you!
1. She has the right to use her maiden name in any case. But if she wants to change to her married name, especially on her passport, she will need to go through the recognition of divorce process.
2. Yes, but ideally she should come at least once to testify in court over the course of the process.
3. This article outlines much of the process. I will send you an email.
Good day. Thank you for the immediate reaponse Lawyer in the Philippines!
hi sir tanong ko lang po kung mag file ng Recognition of Divorce sa Pilipinas mga mag kano po ang cost at sila po ay Both Filipino kinasal sa Pilipinas tapos nag divorce sila dito sa Australia about 10yrs. ago na grant naman po Citizen sila at buong Pamilya nandito sa Australia po…Kung mag File po ba ng Recognition of Divorce magagrant po ba? Thank You po..
If one of them was a non-Filipino citizen at the time of the divorce, then they can file for Recognition of Foreign Divorce in the Philippines. However, if they were both Filipinos at the time of the divorce they have to go through the process of annulment.
Hello po attorney,
Ibig po bang sabihin kahit na permanent resident na po ng magka ibang bansa ang both parties at almost 20 years na silang hiwalay pero ang kanilang divorce e na approve 2 months before the granting of their citizenship e hindi mo pwedeng ipa recognize ang foreigh divorce sa pilipinas? As you were saying, will they need to go through the process of annulment? Both parties are no longer filipino citizen anymore unfortunately the divorce was granted 2 months before the granting of citizenship. Ano po ang ma advise nyo sa case na ito. Salamat po
Recognition of foreign divorce would not be available under the circumstances. Will send you an email.
Hi Atty. Francesco, I have read almost all of the questions here looking for an advices, well I am one of those having so many questions and need a legal answers. I will send you an email now and I hope you’ll get a chance to reply. Thank you so much. Appreciate your effort replying each one on this thread. Please wag po kayong magsasawa. God bless! -Pinky
Hi… I’m Canadian citizen and got married to a Filipina in 1999 and after 6 years got a divorce in Canada. My Ex wife has already re married here in Canada. I plan to come to Philippines and marry a Filipina there. What is the process I have to go through?
Marrying in the Philippines requires a marriage license from a city or municipality. A Certificate of No Marriage from the civil registrar is typically a requirement for the issuance of a marriage license.
Lately, most local governments require even foreigners to present a CENOMAR. If the local governments from which you would apply for a marriage license require a CENOMAR, then you’d have to go through the court process for recognition of foreign divorce to amend your marriage record. Or you may opt to simply celebrate the marriage outside the Philippines.
I’m married foreign man 1992 after 3 year’s of marriage he was loss and he abandoned me and his son for 18 year’s didn’t support me and my son now I found out that he is married year 2006 to same pinoy in Japan they have 4 children’s and I have copy of their marriage in Osaka Japan now but we’re still married her in PHILIPPINES so what will I do that my marriage will be annulled to him ,,
Thank you so much,,
You should look into the divorce record in Japan. It appears that he divorced you there between 1992 and 2006. Will send you an email.
hello good afternoon im looking for good and trusted lawyer can do the recognition of foreign divorce process ..my boyfriend from France married a filipina before they are married in san juan manila before …its been 8 years they r not with each other anymore the ex wife having kids to another men right now…is there anyone can recommend?salamat po..
Will send you an email.
2012, when we are both US citizen when we filed for divorce and granted it. 2013 when my petition for dual citizenship has been granted in manila. now that im dual citizen, can i file for recognition of divorce in the philippines?
I’d need to know more about your specific facts, but from the bare ones provided, I’d be inclined to say yes.
Hi, Im married to a British Citizen and I wanted to file a divorce against him due to infidelity, however we both agreed to end our marriage. Currently I am located in Qatar as an OFW, Please can you advice what is the best way to expedite our divorce. Should he divorce me from his country or I can file in Qatar and should this be recognized in the Philippines. Thank you in advance for your kind assistance.
It depends on your access to documents, but if you intend to have the divorce recognized in the Philippines, it may be easier to do so if the divorce is obtained in his home country. You will need to prove the divorce laws of all the countries involved by presenting certified copies of the divorce laws, along with their English translations if necessary. If you obtain the divorce in Qatar, you will then have to prove not only British divorce law, but also the divorce law of Qatar.
Hi,
Me and my American boyfriend who was once married to a Filipina but got divorced and finalized (through his initiative) in CA are planning to get married here in the Philippines. Is it possible for us to get married here?
It depends on where the first marriage took place. If they married in the Philippines, you probably cannot unless he obtains judicial recognition of foreign divorce. The reason is that, as he will likely be required to submit a CENOMAR in his application for a marriage license, the Philippine Statistics Authority record will show a subsisting marriage. There is nothing stopping him from marrying outside the country though.
Hi, I am confused and need clarification about getting remarried in the Philippines. Let me explain, I am an American Citizen. Five years ago years I married my girl friend (a Philippine citizen) in the Philippines and my CENOMAR reflects married status. Over a year ago my wife and I decided to get a divorce. I filed for the divorce and the divorce was granted a year ago in Guam. I still live in the Philippines and I may want to remarry someday. Since I am a American Citizen do I need to go through the Philippine Court to have my Foreign Divorce Recognized to clear my married CENOMAR status. Perhaps there are other options, short of a court judgement, to attain a CEMOMAR to remarry in the Philippines. Thanks for your advice and help. I truly appreciate your response.
Mike
The CENOMAR / Advisory on Marriages reflects the record in the Philippine civil registry. To change that record to reflect a divorce and the dissolution of the previous marriage, a court case for recognition is required.
However, as an American citizen, your civil status is governed by US laws. An option you may consider is to simply remarry outside the Philippines.
If you do intend to keep ties here, or remarry within the Philippines, it may be in your interest to file for recognition of your foreign divorce, but it is not a precondition to make your divorce valid under your law.
Hello Atty! I would like to ask about my case. I’m married here in Philippines with a Filipino. I have been working abroad for more than a decade and I met a guy from Spain. I’m about to move there and planning to get a Spanish citizenship. If I become a Spanish citizen and apply a divorce there, do I still need to make the recognition of it in Philippines so I can marry my boyfriend?
Your marital status would be governed by your nationality so that a divorce while you are a Spanish citizen should be valid under their laws, but you would be well served to check Spanish law as well.
Hi there!
I really need a legal advice from you maam/sir.
My husband is a Filipino citizen and a permanent resident in US. He got married there in the US to a former Filipino citizen and in the latter they got divorced and granted. He marry me then. Upon getting the Cenomar, we presented the divorce decree to the PSA office. And the office issued us a copy. And now, we already have our marriage license. Is there a need for us to file for Recognition of Foreign Divorce to RTC? or Will there be a problem during the process in the phil or US embassy if my husband wants to petition me? I’m asking for your help. Thanks in advance.
Hi Kiev, may I know where you were able to get the marriage license? Because we got Cenomar but were not able to present the divorce decree to PSA.
Would appreciate your reply
Hi .
I just wanna ask about my situation.
I was married to my ex hub who us also filipino last 2007 we got separated 2010. He filled an annulment 2015 july but result got denied after 3 yrs of waiting .
Now am currently in relation with my danish bf and i am goin to visit him in denmark for a couple of days. Is it possible to file a divorce in denmark?
If its possible and if ever it will b granted
Can i use his surname? Or it will be a problem for me? And make things more complicated?
I dont hve plans to stay in denmark as of the moment.
Thank you.
No, I’m sorry. A foreign divorce cannot be recognized in the Philippines unless at least one of the spouses is a non-Filipino. A divorce between a Filipino and another Filipino cannot be recognized under Philippine law.
Hi Lawyers in the Philippines,
I’ll try to put dot points for easy understanding:-
Historical:-
1) My Filipina girlfriend married to a Filipino man about 10 years ago in Manila;
2) 7 years ago the husband moved to the USA to work, but has since lived there as an illegal (overstaying);
3) He filed for Divorce in the US Courts, and got the Divorce Decree/Certificate from USA;
4) She has been living in the Philippines all these years but is still legally married in Philippines;
5) He does not intend to come back to Philippines and plans to remarry in the USA in order to get the US Green Slip eventually;
Present:-
1) I am an Australian Citizen;
2) We met in Sydney when she was here on holidays in mid 2016;
3) I’ve flown to Manila to be with her 14 times in the past 20 months (I worked for Qantas so I get really cheap flights);
4) We’ve officially been dating for almost 2 years and plan to bring her to Australia as a Partner/Spouse Visa (which allows De Facto Relationship);
5) I’ve spoken to Filipino lawyers/migration Agents here in Sydney and they told me that since she is divorced in the USA, and her ex husband is now an illegal immigrant and can’t be found in the USA, therefore the Australian laws will allow her to remarry here and recognizes the US Divorce Decree;
Question:-
1) I noticed that a lot of marriage overseas require a Certificate of Single Status, or Certificate of No Impediment – hence would this be an obstacle from obtaining this Certificate from the Philippine Embassy since she is still considered married in Philippines?
2) Will she be considered free to remarry me since her ex husband has moved to the USA and is currently an illegal and do not intend to move back to Philippines?
3) What are you thoughts about the situation we’re in?
Thanks
1. She will not be able to obtain this document if her marriage is recorded in the Philippine civil registry.
2. She remains married to him under Philippine law. I cannot speak for Australian law.
3. The divorce he obtained is invalid under Philippine law. I cannot speak for how the US or Australia views the divorce, but this means that, as things stand, she cannot obtain a Certificate of No Marriage (CENOMAR) from Philippine authorities.
She’d need to file a court case under one of the modes for dissolving a marriage in order to be legally single here.
In addition to those modes, she could possibly file a claim for his presumptive death. I’d need to know more about the circumstances to say.
Hi,
I would like to request some information on behalf of my partner.
She is a Filipino (also a Singapore PR) who is married to a Foreign (Singapore/Chinese) Citizen, they were married in the Philippines around 8 years ago but have been separated for almost 3 years now. What is the process for getting a divorce/annulment whilst living overseas.
After reading many cases above, can she just file for a divorce here in Singapore and then Remarry?
We await to hear a reply from you with further information and details of how to go about this.
Regards
I’ll send you an email that goes more deeply into this, but in brief —
The most recent decision of the Supreme Court allows her to file for divorce there in Singapore.
She may also remarry there if she can do so in accordance with Singaporean law, but she would need to file for judicial recognition of foreign divorce in the Philippines for both her divorce and her subsequent marriage to be recognized here.
Hi,
I would like to request you some information. I am married to a Filipino and we have decided to part ways as we have a lot of differences between us which are difficult to settle with. We have been married for more than 5 years and have no kids . We got married in the Philippines but I am a foreign national. I would like to know how to proceed with a divorce in this case. I am able to get the divorce in my current country of residency (I am an expat here) and provide that with my Filipino wife to take it to her country for any legal process required. In this case do I need to be present in the Philippines when she produces the divorce documents obtained from the current country of residency ? Is the process I mentioned above a valid approach ? Am I able to request your service in this case and if so how I should go about doing it ? I have just informed my wife about the reasons few weeks ago and the willingness to part ways with her , though she is upset about it she also understands why it is needed. Please let me know some information about how to proceed.
Yes. I will send you an email.
Where is the venue when filing a Petition for Recognition of Foreign Divorce when the Filipino and foreigner weremarried abroad like in Japan?
Where should the parties file the same?
We have successful argued with the courts and the Office of the Solicitor General that the correct venue is Quezon City because that is where the main office of the Philippine Statistics Authority is located.
Hi Lawyers in the Philippines I have the same case with Rachellem Sørensen
may 26, 2017 If you could please email me the details this would be so kind of you to help me
. Thank you.
I’ve sent you an email.
hi my foriegner boyfriend was married here in the ph and had divorced in america,since we cant get married right here we are planning to get married in hongkong,my question is , can i use his surname here in the philippines?
Sent an email.
Hi,
I am a Filipino living here in PH and married to a US Citizen for 12 years now. She’s currently living in California. We got married here in the Philippines. Just recently in the news the Supreme Court here in PH voted and agreed that the divorce obtained by a Filipino against a foreign spouse is valid.
http://newsinfo.inquirer.net/984949/supreme-court-divorce-obtained-by-a-filipino-against-a-foreign-spouse-is-valid
I want to know what are my options in filing for a divorce?
Will the US Embassy here in PH be able to help me with my case in filing a divorce or I should file one myself in California?
The thing is my wife in the US doesn’t seem to cooperate, she has all the excuses that she will file but to no avail she didn’t and nothing was filed, thus our situation is unable to move forward.
Thanks! Hope you can shed light regarding my concern.
Hi. Sent you an email.
HI
did marry in the PHILIPPINE 30 years ago then we both divorced in AUSTRALIA 12 years ago with legal original papers now do live in the PHILIPPINE and retired in CEBU has an AUSTRALIAN now love to remarry again with my PINAY girl friend so what will be my best option not to encounter problems at the procedure .
many thanks
Will send you an email.
Hi i got married in the philippines in 2013. My wife has been living with me in the uk, however the marriage broke down and our divorce is almost complete here in the Uk. I may look to re marry again to a filipino in the Philippines. What process would i need to do so i could re marry there.
The process described above is what would be required.
2016 i was married to american in a civil ceremony here in philippines. Things didnt work out and we both decide to separate, he filing atm for divorce in USA and his legal counsel send me an email for me to sign a waiver.. im so confused whats a waiver and i need a legal opinion on this before signing the said document and email back. Pls help thanks.
Sent you an email.
Hi there, I am a British citizen and I married my Filipina wife both in a civil and church ceremony in the Philippines. Things didn’t work out as expected and the relationship broke down.
Could you please advise me the process for divorce? As far as I’m aware there is no record of my being married here in the UK as the marriage is not legally recognised here, but I don’t like the idea that I’m still married according to Philippine law.
Also if I obtain a divorce, would I be able to marry again in the Philippines?
I’d be thankful for any advice you can offer
I will send you an email.
I am a Filipina, and I have an American boyfriend and we’re planning to get married. However, I am still “techinically” married here in the Philippines. I have been separated from my ex-husband for 5 years. Can we file the divorce from anywhere (state) in the US? My boyfriend lives in Louisiana and I know all the states there have different laws so we were wondering if the Divorce can be filed in Louisiana? Thank you in advance!
The different states have different jurisdictional rules. You’ll have to check the divorce laws of Louisiana and their rules of court procedure to see if they allow such a filing.
But note that for Philippine recognition of divorce, at least one of the spouses must be a non-Filipino. A divorce obtained abroad between two Filipinos will not be recognized in the Philippines.
Yes, he’s not a Filipino. Thank you so much for your help! 🙂
You’re welcome.
Because of the jurisdictional requirements, you may have to consider filing for divorce in your husband’s home state.
Note that you will still need to have the divorce recognized in the Philippines.
my fiance is Australian, he was been married in philippines, but separated for almost 10yrs. and got divorce in Australia. how he can remarry in philippines to marry me. how much it cost and the timeframe for the process of recognition of foreign divorce. we plan to marry in Australia first before we marry here in philippines
pls… i need some advice
If the follow up ceremony in the Philippines is simply for religious / social purposes, a civil aspect to the ceremony might not be necessary. This may discussed with your priest or minister.
Hi,
I am a Filipino living here in PH and married to a US Citizen for 12 years now. She’s currently living in California. We got married here in the Philippines. Just recently in the news the Supreme Court here in PH voted and agreed that the divorce obtained by a Filipino against a foreign spouse is valid.
http://newsinfo.inquirer.net/984949/supreme-court-divorce-obtained-by-a-filipino-against-a-foreign-spouse-is-valid
I want to know what are my options in filing for a divorce?
Will the US Embassy here in PH be able to help me with my case in filing a divorce or I should file one myself in California?
The thing is my wife in the US doesn’t seem to cooperate, she has all the excuses that she will file but to no avail she didn’t and nothing was filed, thus our situation is unable to move forward.
Thanks! Hope you can shed light regarding my concern.
good day, I’d like to ask, my Filipino friend from Canada got married way back 90’s to a Filipina and they got divorced in Canada, it was 8 years ago.. Now, he planned to get married in the Philippines again to a Filipina, He is already by the way a Candian citizen and not a Filipino citizen anymore. Can the divorce paper be valid if he wants to remarry in the Philippines? or does he need to do things to get this marriage be done? thanks?
The divorce must have been obtained by a foreign citizen. For this reason, the citizenship of the person at the time he/she got the divorce will control whether or not it can be recognized in the Philippines.
If it can be recognized, then it will have to go through the court process if he/she wants it recorded in the Philippine civil register.
thanks.. you mean it is needed for him to go through annulment process in the Philippines even if he already got the divorce paper a long time ago in a foreign country? or does registration or petition of divorce in the foreign country is enough to remarry again?
I would need to know more of the facts in order to say. Will send you an email.
Hi, my american ex-husband is preparing paper works for filing a divorce in Las Vegas at this moment. I got him blacklisted because of verbal, Mental and Physical abused after 8 months of our Marraige. Worst he left me a huge amount of debt, unpaid bills in my credit card. He went in and out of our country with another filipina. The last time he came back is last June 5 this year but immigration refused his entry and got deported because the blacklist order already took effect. . Can I demand him to settle his unpaid bills in exchange of my signature in the petition for divorce? How much would it cost for everything in filing judicial recognition of divorce in the Philippines? Please send me an email. Thank you so much.
Sent an email.
I am Canadian Citizen and was married in the Philippines. The relationship did not work out and I received a Canadian divorce from my Filipino wife which I initiated. I have met a new woman in the Philippines and want to know what I would need to do to marry again in the Philippines.
I sent you an email.
HI, how much is the recognition of divorce cost in the Philippines? Filipino married to a australian citizen here in the phillippines and ex-wife filed a divorce in australia. I have the copy of the certificate of divorce acquired from her. thank you
I’ve sent you an email.
I’m Filipina marred Filipino but have been apart over 15 years I’m now living in the uk and have divorced my Filipino husband but I’m confused I’m not yet British citizens but planing to marry the father of our child together in the UK what’s the law if I return to the Philippines with my future new husband and our child? And not legal divorced in the Philippines?
Hi Anne:
Since you were a Filipino at the time of your divorce from your Filipino spouse, you must go through the process of annulment in the Philippines.
A divorce between Filipinos is not valid in the Philippines.
Hi. I would like to ask regarding divorce acquired abroad. My partner has been separated for 9 years and his wife is in US now. She filed divorce in the US last year but she was not yet US citizen that time. How’s the chance of having their divorced approved here in the Philippines?
I’m afraid that the divorce cannot be recognized in the Philippines if she obtained it while she was still a Filipino citizen.
Hi LAWYER IN THE PHILIPPINES.
I just want to ask some questions. Hope you could help me.
I got married here in Philippines in 2015 to an Australian guy but separated for a year now. He’s in Australia and I’m still here in Philippines.
My ex husband was also got married here to a Filipina 15 years ago but got divorced in 2014 in Australia, but he never apply for recognition of his divorce decree for his previous marriage before we got married. And the city hall where we applied for marriage never ask for his CENOMAR or maybe they thought that he was married in Australia that’s why they never ask for his CENOMAR.
So my question is,since he never apply for recognition of his divorce decree here in Philippines before we got married, does it mean that he’s still married to his ex wife, and is our marriage valid or not even if we have record in NSO that we are married?
Thank you!
Sent you an email.
Hello. how much is the recognition of divorce cost in the Philippines? Filipina married to a canadian in the phillippines and ex-husband filed a divorce in canada. I have all the needed Documents. thank you
Will send you an email.
Hi! I am previously married here in the Philippines with an American. I am finally divorced in California, through his initiative. My question is, do I need to get my Foreign Divorce recognize here even though I will be marrying an American again but will apply fiancé visa from our embassy here? Thank you in advanced for you me answer.
You will need to present proof that your California divorce is valid. Will send you an email.
Hi.i am a Naturalized British citizen and Divorce but not yet recognise in the Philippinesand wanted to have a housing loan in pag-ibig.Will my ex-husband has the right to claim my property? I’ve been advised foreigners cannot own a house and lot.Pls.advise.
Pls.note also I’m still using my married name but how can I change this to my maiden name?
I sent you email also.thank you for your help.
it is valid with out my signature?
Good day! Im married with Nepalese citizen, hes threatening me that he will file a divorce in his country in Nepal. Were both married in Philippines 2016, is it possible to divorce me if he file in theyre country?
Yes, if it is valid under the law of Nepal for him to do so then that divorce can be recognized here.
sir hes also married to nepali lady, but he married me first before that lady?
If he hasn’t divorced you yet, and the law of Nepal also does not allow bigamy, then he may be legally liable.
I’m afraid I can’t answer specifics without more information about the facts. You may want to discuss the situation further at contact@lawyerphilippines.org
Hi. The guy who is a Filipino at the time married a US citizen here in the Philippines. Subsequently, he became a US citizen. After some time, they got a divorce in the US.
Now that he is a US citizen, he wants to marry a Filipina here in the Philippines.
Question: He will still need court recognition of his divorce decree, right? Because the record of his previous marriage was registered here?
Yes, he probably will if he intends to marry in the Philippines. The CENOMAR is typically a requirement for a marriage in the Philippines whether you are a foreigner or a citizen.
Thank you for your reply!
Isn’t the the Affidavit in Lieu of a Certificate of Legal Capacity to Marry issued by the US Embassy equivalent to a CENOMAR since he is legally a US citizen and no longer a Filipino citizen?
The requirements depend on the local government from which the marriage license will be obtained. I suggest you check in person with the particular city hall.
HI, me and my Filipino spouse now decided to to separate less than year of marriage by mutual consent. I just got my Probationary Resident status here in The Philippines. I am currently based here and working. What shall I do? She is firm with her decision to divorce.
Except under Sharia law for Muslim couples, there is no divorce in the Philippines.
Then what will be the steps or options?
Will send you an email.
im a filipina and im the petitioner of the divorce with my singaporean ex hubby, i would like to ask if i can file for the recognition if divorce here in phil since i am still legally married here it seems. i was wondering too if i can get married outside the philippines if i will just show my divorce papers but what would have happened to my passport if i want to renew it since it still bears my ex hubby last name.
Will send you an email.
Hi,
Good day!
I would like to inquire about the possibility of remarrying after the divorce. I have a dual citizenship, South Korean and Filipino. I have already divorced my South Korean husband. With my South Korean citizenship or as a Korean, will I be able to remarry with a non-filipino citizen? Or what are the things that I have to settle first or what happens to my previous marriage in the Philippines?
Thanks in advance.
Hi. I’ve sent you an email.
Hello: I am A US born citizen. My girlfriend is Filipina. She resides in Japan and currently has a resident card in Japan aided by the marriage to a Japanese citizen. She is now divorced. She holds a Filipina Passport in her married name so that implies her marriage was reported to the Philippines. We would like to get a US Fiance Visa (K-1) for her to come to the US. I’m assuming we would need to clear her name in the Philippines before applying? Assuming we would need to get a CENOMAR, what would be the cost? Is there any other possibilities that you see to expedite or avoid the CENOMAR process? IE: Obtaining passport in Japan, possibility US might not need a CENOMAR since she is a Japanese citizen with divorce papers, etc ???
Will send you an email.
Hi Atty,
I am looking for a lawyer for Recognizing foreign divorce in the Philippines . I am a naturalized Australian citizen and no longer Filipino prior my marriage to my former Australian husband however we were married in the Philippines. We are divorcing each other this March and I want to prepare for the process case in the Philippines, are you able to kindly communicate with me in email regarding your services?
Thanks in advance,
Anne
Hi. Sent you an email.
i was married in the phillipines in 2005 but in 2015 officially divorced in the netherlands. my marital status is now single here.
If I want i could marry again here, however
will it be possible for me to re-marry a filipina in the philippines although the previous marriage is still registered there, but all my dutch papers will state i am single.
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.
thank you for your reply what papers do i need do i have to go to the phil embassy in my country (netherlands) with my dicorce papers?
Will send you an email.
Which European countries require that the Philippines recognised a foreign divorce for immigration purposes and a subsequent marriage to a Filipina in that country? That’s an interesting one.
The processes of Norway, for example, have required this.
We’ve had to address in particular Section 9-1a of Norway’s Immigration Regulations:
Section 9-1a Requirement of documentation that a previous marriage has been dissolved as a condition for granting a residence permit for a new spouse or cohabitant
If the sponsor has previously had another spouse who has been granted a residence permit under section 40 of the Act, it must be documented that the parties are not registered as married in the former spouse’s country of origin or in the country in which the previous marriage was contracted, before a new spouse or cohabitant from the same country may be granted a permit under section 40, section 41 and section 48 of the Act.
Exemptions are granted if there are significant impediments to meeting the condition in the first paragraph, or if the applicant’s country of origin and the country in which the previous marriage was contracted, have ratified the Hague Convention of 1 June 1970 on the Recognition of Divorces and Legal Separations.
Sir/Madam,
Thank you for this information.
I have almost the same situation as him. I was married in the Philippines year 2000 and officially divorced last August 2018 here in Aruba (Netherlands). I only plan to re-marry here in Aruba which the government of Aruba approves, but I still want for my divorced be recognized in the Philippines, since my former husband already had his new family. Kindly send me information on this matter: procedure, lawyer, and fees.
Thank you.
Kind regards,
Aimee
Will send you an email.
Hi. Is this regulation applies with Iceland too since Iceland is under the jurisdiction of Norway in obtaining visas for Philippine applicants? Thanks
It is the same for all foreign countries with respect to the Philippines.
Hi.. My ex husband abandoned me for 10 years.he is american citizen.before we get married he is divorce.but after leaving me I find out that he remarry his ex wife in the united states. He marry me 2010 the he remarry his ex wife 2012. Now a friend of mine help me to file divorce. Thanks God I have my divorce decree rigth now. My question is my case acceptable by public attornies office? I belong to low income family…I can’t afford to pay a private lawyer..thank you so much
This depends on whether you meet the criteria of the Public Attorney’s Office, but note that you will still need to get the correct foreign documents from the US and get them correctly apostilled because you will need to present these to the Philippine court.
hi i am filipina and i got married to my us army husband in 2010. we actually applied for a married visa and on the half of the process my husband got in a very big trouble and he in jain starting 2011. I was patiently waiting for him but the court decision was for him to be in jail for 16 years and that result came by 2013. the only communication we had was sending letter through mail which is so hard because i have no way of how to talk to him. then they transfer him to other jail and we never talked after that. now i can finally say i move on but i don’t have any easy way to have an annulment cause its too way expensive for me. what advise can you give me sir/maam? is he already put me in the system as i am married to him in the army or in the us? he was a us soldier and as i remember he put me in the us army system as his wife. should i asked him to file a divorce in the states so it will be easy? can you send me an advise to my email? thank you in advance.
Hi, I need some help. I am married in the Philippines an American guy on 2009 and when I come to US he divorce me. I have a red ribbon with me here and I need to bring it to the court to recognized it. after few year of being divorce I am married in the US and the first husband of mine, let say ex is married again in the Philippines. I am still his legal wife in the Phils can I file him a bigamy both of them. He divorce me in US but married in Phils.
Hi. Based on the facts given, I do not believe that a bigamy case can prosper. Case law seems to go against it. For example:
In Pilapil v. Ibay-Somera where the Court recognized the validity of a divorce obtained abroad. In the said case, it was held that the alien spouse is not a proper party in filing the adultery suit against his Filipino wife. The Court stated that the severance of the marital bond had the effect of dissociating the former spouses from each other, hence the actuations of one would not affect or cast obloquy on the other. (San Luis vs. San Luis, 2007)
Hi! Just want to ask a question. I got my Foreign Divorce but did not file for recognition in the Philippines. Does it means my divorce is invalid? Second question – if I reacquire Filipino citizenship on the same status will my divorce lose it’s validity? Hope you could help me on this matter for clarification. Thank you
Assuming it is valid under the law of the foreign country, then it is valid. It is simply that it is not given recognition in Philippine records unless the judicial process is accomplished.
There is no jurisprudence directly addressing your second question, but note that the determinative consideration is citizenship at the time of the divorce.
Hi, I need a lawyer to file a Recognition of Foreign Divorce in Philippines. Kindly send me an email please. Thank you.
Hi. Sent you an email.
Same here
Sent an email.
Hi,
I would like to seek your advise. I’m a Filipina who got married in the US last year (civil marriage) to a divorced, US citizen. We would like to get married in the Philippines and this time in a Catholic church since we’re both Catholics. Do we still need to declare that he is divorced even though we’re already civilly married in the US? If yes, can you tell us the procedures we need to do in order to avoid any hindrances for our Catholic marriage? Hoping to hear from you soon.
Hi Sir/Ma’am,
I just want to ask about my case. I’m divorced to Korean Citizen and I already started filing the Recognition of Divorce in Philippines almost year and half already. I followed all the requirements needed and had cross examination once already in prosecutor. First we almost finished with my cross examination then suddenly the prosecutor asking for original copy of my divorce which the court ordered to my Atty. to submit in Manila City Hall thats why the documents they had is the xerox of my original documents so the hearing rescheduled again just to request to get the original copy of my divorce and all the other documents in Manila City Hall. The day of rescheduled court hearing I can’t be able to attend because I’m pregnant and I can’t fly back to Manila. So when my Atty. represent all the original documents including the korean to English translation with notary of all,Ministry of Foreign Affairs in Korea Stamped, Divorce Law in Korea and Philippine Consulate Red Ribbon. The prosecutor again asked why the judge in my Divorce Paper that given by the court in Korea was not signed? So they rescheduled again my court hearing date. I don’t really have any idea how to process this Recognition of Divorce. In korea almost system in the goverment are computerized. In my Divorce Paper that was given to me was signed through stamped by the court. That stamp sign means its from the court and theres no need for the signature of the judge. When translated it into English it was notarized that all documents are original.
I do hope Sir/Ma’am that I can get any possible solution for this. My friend in Korea inquired about this in Korea Court but they told her the same thing “no need for judge signature” Court stamped will proved. I’m currently living in Japan now and I can’t just fly back in Philippines because I’ll be in my 6 months and half for my next hearing schedule.
I just don’t get it because almost Filipina that I asked who already had their Recognition of Divorce in Philippines they submitted the same documents that I have there in Philippines but no problem at all.
Pls. advise me about my problem.
Thank you so much.
Hi Sir/Ma’am,
I just want to ask about my case. I’m divorced to Korean Citizen and I already started filing the Recognition of Divorce in Philippines almost year and half already. I followed all the requirements needed and had cross examination once already in prosecutor. First we almost finished with my cross examination then suddenly the prosecutor asking for original copy of my divorce which the court ordered to my Atty. to submit in Manila City Hall thats why the documents they had is the xerox of my original documents so the hearing rescheduled again just to request to get the original copy of my divorce and all the other documents in Manila City Hall. The day of rescheduled court hearing I can’t be able to attend because I’m pregnant and I can’t fly back to Manila. So when my Atty. represent all the original documents including the korean to English translation with notary of all,Ministry of Foreign Affairs in Korea Stamped, Divorce Law in Korea and Philippine Consulate Red Ribbon. The prosecutor again asked why the judge in my Divorce Paper that given by the court in Korea was not signed? So they rescheduled again my court hearing date. I don’t really have any idea how to process this Recognition of Divorce. In korea almost system in the goverment are computerized. In my Divorce Paper that was given to me was signed through stamped by the court. That stamp sign means its from the court and theres no need for the signature of the judge. When translated it into English it was notarized that all documents are original.
I do hope Sir/Ma’am that I can get any possible solution for this. My friend in Korea inquired about this in Korea Court but they told her the same thing “no need for judge signature” Court stamped will proved. I’m currently living in Japan now and I can’t just fly back in Philippines because I’ll be in my 6 months and half for my next hearing schedule.
I just don’t get it because almost Filipina that I asked who already had their Recognition of Divorce in Philippines they submitted the same documents that I have there in Philippines but no problem at all.
Pls. advise me about my problem.
Thank you so much.
Hi, I’m sorry for your trouble. I can’t really comment on another lawyer’s case like this. It’s probably best if you speak with your lawyer about these issues. If you’re abroad, it is important to schedule time to speak with your counsel over the phone/internet so that he can clarify what’s going on in court.
Hi, I need some advise please. My husband is foreign and I’m Filipina with 3 kids. We get married in Philippines on 2009. What are the procedure / requirements to get annulment and settlement with my kids.
Hi. Will send you an email.
Hi
I need some advise regarding my case. I
Had a previous marriage in Philippines, i filed a divorce in Canada when I’m still working as a nanny and my divorce was granted year 2010. I’m a Canadian Citizen now and would it be possible that I can re marry in Philippines to a Filipino Citizen? What are things that I need to do to be able to get marry? Highly appreciate your help and hope to hear from you.
Will send you an email.
Hello po,gusto ko po sanang humingi ng legal advice.nagpakasal po ako sa hongkong while on court pa yung recognition of divorced from foreign husband.na recognized na po ito ng court.na bother lang po ako kung yung pagpapkasal ko na wala pang final decision sa court eh makaka apekto sa pag apply ko ng tourist visa.at tsaka nag gathered po ako ng documents ngayon to report my subsequent marriage sa hongkong.sana po matulungan nyo ako.maraming salamat po
Hi. I got divorced to my Bahraini husband. He is Muslim and our divorce in Sharia court only took 3 days. What is the process and needed documents for me to get annul in Philippines. Our marriage was reported in Philippine Embassy. Hope you can help me with this.
Will send you an email.
“The foreign documents, on the other hand, will need to be certified by the correct foreign office and they will need to be authenticated (Red Ribboned) by the Department of Foreign Affairs or the Philippine embassy in the foreign country. If a foreign document is not in English, then its certified English translation is also needed and this also has to be authenticated by the DFA.”
What if I already have my Japanese divorce papers and it’s already translated in English. And I’m Japanese Embassy and they told me that they can authenticate my divorce papers from Japan and provide me a copy of Japanese Law.
What else do I need?
hi…
Me and my leave in partner were been together for almost 10 years now.We both wanted to get married soon after my previous marriage was annulled by the court here in PH.Our problem is, he is a Canadian citizen who was previously married to a Filipina in Pasay city and since their marriage doesn’t work out,the Filipina itself, when they were living in Canada filled a divorce there for the intention to get married again to a Canadian citizen.Now,problem occur since I found out in the NSO that his previous marriage still exist here.We now live here in ILOILO CITY…my question is;as a foreigner or alien in our country is he allowed to file a divorce recognition in the Philippines as well as can he allowed to file it anywhere in our country or is it needed to filed in PASAY?I appreciated your legal reply to help solve our problem….best wishes
Hi. Will send you an email.
Hi. I just want to asked my case I’m Divorce to my Jordanian husband in Dubai where we get married also. Our marriage is register in the Philippine embassy. Now we are divorce but we are back together. Is the registered marriage in the Philippines a valid document to show that we are still married even we are divorce in UAE? Please send me an advice through my email provided.
Sent you an email.
Married po ako sa American guy it’s been 6 years we’re not together but we got married in the Philippines. Does the Philippine law accept any divorce if my husband file a divorce in the US and will be accepted here ? Pls reply
Sent an email.
Hi Atty.
Im currently leave here in the US, a US citizens. Kumuha po ako ng lawyer dyan sa Pinas 5 yrs. ago to filed a case para marecognized ung divorced ko, but until now they can’t give us an update.1st they said they make a wrong filing, and now they said they waiting for the decision of the higher court. My partner wants us to get married in the Catholic church dyan sa Pinas, ano po ba dapat nmin gawin? need po ng CENOMAR sa church. Thank you.
Hi. The first, best thing is to get in touch and speak with your lawyer at length about the status of your case. Ask him about what to expect, and to explain the next steps to you clearly.
The priest will likely insist on a marriage license, which typically does require a CENOMAR.
In San Francisco CA I’m also having problem to get the certified copy of divorce law of California. Did you have any case same as mine?
Yes. Will send you an email.
I am in dire need of certified copy of Japanese Law. Please email me.
Hi. Sent you an email.
I am having the same problem. The library in Japan Embassy has a book on Japan Civil Law (Divorce Law), but they refuse to authenticate it.
You typically have to get this from Japan, have it translated and certified, and then have the Philippine embassy authenticate it there.
Hi I am a Filipina and my ex-husband is Singaporean. We already divorced last 2015 in Singapore and now I want to file this ‘Recognizing foreign divorce in the Philippines’. I already have the necessary documents but I am having a difficulty to have the item no. 5 (Certified copy of the foreign country’s divorce law).
I already asked the Family Justice Courts in Singapore, Philippine Embassy of Singapore, Singapore Embassy in Philippines and Attorney-General’s Chambers of Singapore but none of them can provide me this.
Would I still be able to process my case even without this? Please help.
It is indispensable. The foreign law must be proven by offering its text in evidence to the Philippine court. I’ll send you an email.
Hi same case here. pls advise: itzmeacey@gmail.com
Or does the Philippine Statistics Authority will recognize their “divorce” since they are both a US citizen when the divorce took place?
Hi,
i just want to ask, my boyfriend (foreigner) is already divorce to his filipina ex-wife, he wanted to file a recognition of divorce in the philippines, can he do that by mailing or he needs to fly in the philippines and have a lawyer to file the recognition of divorce petition? thank you!
Recognition is a court process which requires a lawyer. The petitioner can send the documents to the Philippines after signing the notarized petition prepared by the lawyer, but he would ideally come to the Philippines at least once to testify during the course of the trial.
Hello Attorney,
I am seeking for an advise on how the “Annotation on the effects of divorce declared in a foreign country” works.
My husband, an American citizen was married in the Philippines with a former Filipino citizen. His ex wife moved with him in the US and got her US citizenship in 2008 through naturalization. They got divorced in 2015.
This year, me and my husband got married here in the United States and wanted to re-marry again in the Philippines soon. I am still a Filipino citizen. Could you please advise what we should do to VOID the previous marriage of my husband in the Philippines?
Thank you so much in advance.
Hi. I replied to your email.
I got married and was Divorced in Thailand. But as my ex husband ask me when we are still married to change my maiden name to his family name i was still young then and didnt know the law, we when to the Embassy and change my family name. And i was not Aware that it will be the start of my WORSE NIGHTMARE.
UNTIL NOW IM STILL MARRIED IN THE PHILIPPINES BUT I NEVER MARRY THERE. MY EX HAS ALREADY GOT HIS FREEDOM AND CAN MARRY ANYTIME. WITHOUT HAVING A HARD TIME.
IAM DIVORCED FOR 12 YEARS IN THAILAND BUT MY OWN COUNTRY WHO SUPPOSED TO PROTECT THEIR OWN ARE GIVING ME HARD TIME. IT’S ALMOST LIKE THE UNFAIR LAW OF MARRIAGE IN THE PHILIPPINES SENTENCED ME A LIFETIME IN PRISON.
It will cost me 80-150K PESOS AND A COURT TRIAL AND WASTE OF TINE TO HVE MY FREEDOM BACK.
Hi. I’m married to an Indian and got married in India however we have came to a decision of divorce after 5 yrs of marriage. We are not living together for 2yrs now and wanted to make it legally file for divorce in his country. Under a special act of Indian law, we can apply for a divorce by mutual consent. I’m just wandering if in this case it will be recognized in Philippine constitution under divorce by Foreign spouse.
Hi Jhaira. The Supreme Court has not given a rule for this specific situation. However, it is my opinion that both the reason for and language of the law support recognition of this kind of divorce between an alien spouse and a Filipino.
Hello,
I want to know your email address so I can email my case to you. Thanks.
Hi. You can send an email to contact@lawyerphilippines.org
Hi could you please email me what I can do with this situation, as well as a good lawyer contact for filing.
X husband (US Citizen) and I (Dual) filed divorce oct 2013 in Los Angeles County superior court under summary dissolution, wherein both parties filed the divorce together, the case was approved around April 2014. We have declared our marriage through the Philippine embassy, and have had my Philippine passport name changed. I didn’t know i was getting a divorce thereafter. I just want all my paper work to be the same in both countries. I haven’t talked to my x husband since 2014. I would like for him to have no involvement in my name change, if possible. How do i proceed? What is the probability of this being approved provided it states above that the foreign spouse should file divorce, as we filed it together, amicably? What is the cost?
Hi. I will send you an email.
Hi Mari we have the same situation can u tell me your journey?thank you and I appreciate it so much
Femia
Hi,
My situation is I already filled a dissolution of marriage here in California and I’m a US citizen. The marriage by the way took place in Philippines when I was still a Filipino citizen.
What are all the requirements I need for me to start the process of recognition of divorce decree in Philippines?
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.
There are different factors to consider. Will send you an email.
Hi, Im mylene and need advice on what to do. I have a copy of dissolution of marriage to my ex foreign husband, I need to have it recognized as I am residing back here in the Philippines. HOw much doe it usually cost to file and process this petition for recognition of a foreign divorce decree? I badly need your assistance. thanks
Hi. I sent you an email.
Hi, I’m looking for a legal advise.
My parents have been married for 23 years, and separated for more than 10 years. My dad went to LA earlier this year and filed for divorce in a US court (They are married here in Manila). Would like to know if that is possible? And what would be the possible outcomes for this.
Thank you!
It may be possible under US law, but that divorce can be recognized under Philippine law only if he isn’t a Filipino citizen at the time of divorce.
Hi, i am married to a Canadian, marriage took place in Philippines. I am in a permanent resident in canada now, i am under very bad situation at the moment, we are living together In Canada, but he is having a relationship with another girl from a different country. He went to Nigeria and have a relationship to another woman there, i also found it he is supporting the woman financially and he is going back there again. He then told me that polygamy for him is not a sin/bad thing. p.s I he is Christian and we were married on a Christian wedding.
i cannot live in this situation any longer where love and respect is gone, what is the best I can do?
he told me that he thinks what he is doing is okay and that if i cant handle this then its up to me, and he said but for him he is not doing any divorce.
that being said , if ill be the one to file for a divorce for sure he will not sign to it.
kindly advice
thanks
Hi. I’m sorry about the circumstances. If you are a Filipino citizen, a divorce unilaterally filed by you will not be recognized by the Philippines although it may be recognized by a foreign country like Canada.
Because this situation may involve questions of Canadian immigration law, it may be best that you consult with a Canadian lawyer on that aspect. Best regards.
Thank You Sir for your reply.
I can divorce here in Canada, yhea but the problem after then when i go back to PH i will still be married and with his last name. which is sad on my part thou, Yes Sir going to set an appointment with a lawyer here really soon.
thanks for your help.
More Power
I suggest you also bring up your concerns regarding Philippine law when you discuss with a lawyer in Canada. Best regards again.
Helo po.. filipina po ako married japanese husband here in d phils..husband went to japan obtained divorce… .saan pong rtc ifile ung petition for d recognition of divorce decree..sa residence ko po or sa place of marriage namin? Salamat po ng marami
Hi. There are various factors to consider, but if you were married in the Philippines it is often safe to file the case with the RTC of the place of marriage.
Hi, my fiance had an ex Filipina wife. They get married in Philippines but after 4 years they got divorce. We are planning to get married in other country soon. If I apply for report of marriage in Philippine consulate will this give me problem?
It should not be a problem if your fiance was never a Filipino citizen.
Hi,
Two filipinos migrated and got married in the US. After a few years they got their american citizenship. Years later they came to the philippines for a vacation and got married in church. Few years after that they divorced (in the US). My question is, is there a need to file for a petition for recognition of divorce here in the philippines if they are both american citizens when the divorce was finalized? If one of them decides to marry someone here in the phils at this time, is there any legal impediment ?
hi,
is their any chance that the court decision and finality will be out before a year?do we need to provide the Foreign Divorce Law(of the country where the Divorce was granted) as part of the requirements in submitting to court…
thanks,
JJV
It’s possible a decision can be issued that quickly, but much does depend on the particular court the case is docketed in. The foreign law is an indispensable requirement.
Just copied coz also my concern. Thanks
Perla Agdipa Usal says:
August 2, 2017 at 8:49 pm
Hi. We’re married in the Philippines (both Filipinos) and separated for more than 10 years (without legal separation) then I moved in Canada and he’s still in the Philippines. I filled a divorce in Canada and just got the final divorce decision. How can I change my name in my passport to my original surname? Approximately, how much should it cost me? Do I need to go back to the Philippines to do the process? Thanks.
I am a Filipina and was divorced from my American husband in 2012 in Thailand. When is the partial divorce bill going to be implemented? Would it be easier to wait for that law to take effect than do all the process of filing the divorce obtain in a foreign county in order to remarry? Thank you.
Hi. There is still no general law on divorce in the Philippines. Bills have been proposed since in every iteration of Congress for the last decade. Perhaps one will finally pass under this administration, but I simply can’t say.
Specific to your question, it’s worth noting that the proposed bill now being debated in the House of Representatives also requires a court proceeding. If the bill passes into law, the Supreme Court will have to draft and issue rules of procedure to govern how divorce cases are conducted and resolved before they can be filed and tried.
You can find the text of the proposed bill here:
http://www.congress.gov.ph/legisdocs/basic_17/HB06027.pdf
Hi,
Who filed for your divorce? I think if the foreign spouse filed for it, it will be recognized. I have a similar situation. Now, I think I have to get a lawyer and file for Petition for Recognition of Foreign Divorce. From what I gathered this will take more than a year. I haven’t seen a case like this so I am not sure if this will really be granted by the court easily.
I hope you could update me too on how your case will be filed. Thanks!
Hi
I am filipina and My husband is american if he file the divorce againts me can i get spousal maintenance? I am total dependent him. My relationship to him been almost 10 years but we get married last year 2016. My husband told since no divorce in the philippines cant get the alimony it is true? Please advise me. Thank you!
Hi
I am filipina and My husband is american if he file the divorce againts me can i get spousal maintenance? I am total dependent him. My relationship to him been almost 10 years but we get married last year 2016. My husband told since no divorce in the philippines cant get the alimony it is true? Please advise me. Thank you!
Hi. This seems to be a question more based on US law. I suggest you inquire with a US lawyer. Depending on where you are, we could refer you to one.
I already receive the the certificate that the divorce order has taken effect, from federal circuit court of australia and as it says the divorce as already effect 15 of july 2017 that my wife who lives there filed and completed.. do i have anything to process here in philippines so it can be credited here in philippines and i can be remarried again?
Thanks in advance
Hi. If the marriage was registered in the Philippines, then a case for recognition of foreign divorce needs to be filed and completed before you can remarry in the Philippines.
Hello. I’m a Filipino citizen and was married to an American in Japan and Divorced in Japan in 2006.
I am in the Philippines right now and How can I get my divorce recognized here in the Philippines?
Hi. Recognition of foreign divorce is through the court procedure described above. You’d need to file a case in court and undergo that process for the divorce to be formally recognized.
Hi, need help for the recognition of divorce in Philippine Law, my husband and his ex-wife are both naturalized canadian, my husband filed the divorce here in Canada when he was already a canadian citizen, and we got married here in canada afterwards. My question is, is he qualified for the recognition of foreign divorce since his first marriage took place in the Philippines? Thank you so much.
Sent an email.
Hi. Planning to file a Petition for Recognition of Foreign Divorce in the Philippines. Me and my ex, who was still then a Filipino citizen, got married in the US. It was not registered with the Philippine Embassy in California nor in the Philippines. (I was even able to get a cenomar) I, however, started using his surname in all my government records once I got back to the Philippines. We eventually broke up. He thereafter acquired US citizenship, then filed for divorce, which was granted. My question is, since there is no entry to correct in the civil registry, would I still need to include the PSA in my Petition? Also, would the decision of the court suffice to order the government agencies where I used my ex spouse’s surname to change my records back to my maiden name? Would appreciate your opinion. Thanks.
Hi. I will send you an email.
Hi im rachel. Im married with thai husband…
We will file divorce soon. There are two kind of divorce in Thailand… we will get the uncontested divorce.. where both agree to divorce and no property settle or no need child custody settlement. This uncontested divorce is acceptable in Philippines? Can i use this one to apply for recognition of divorce? I know i have to translate the divorce papers in Thailand to English and get stamp in DFA and file it to philippe embassy. My concern is… if uncontested divorce is acceptable in Philippines. ..how long it will take? And approximately how much? Thank you for your time…
Hi. I will send you an email.
Hi. We’re married in the Philippines (both Filipinos) and separated for more than 10 years (without legal separation) then I moved in Canada and he’s still in the Philippines. I filled a divorce in Canada and just got the final divorce decision. How can I change my name in my passport to my original surname? Approximately, how much should it cost me? Do I need to go back to the Philippines to do the process? Thanks.
Hi Lawyers in the Philippines first off i want to thank you for taking the time to reply to everyone and hopefully you have the time to read over my situation and advise me.
I’m an American Citizen and I plan to marry my girlfriend who is still a Philippine citizen but has been a Slovenian resident for over 10 years. She was married civilly in the Philippines to a Slovenian…Living for many years in Slovenia she then filed for divorced in Slovenia and was granted the divorce. Now my question is what do you suggest we do to have her divorce recognized in the Philippines or annulled, does the fact that she was the one that filed for the divorce and not him create any issues?
Would it be a total time saver and money saver to just have her come to the United States and for us to get married here?
Our original plans are to get married in Slovenia.
Thank you for your time and effort
Hi Lawyers in the Philippines first off i want to thank you for taking the time to reply to everyone and hopefully you have the time to read over my situation and advise me.
I’m an American Citizen and I plan to marry my girlfriend who is still a Philippine citizen but has been a Slovenian resident for over 10 years. She was married civilly in the Philippines to a Slovenian…Living for many years in Slovenia she then filed for divorced in Slovenia and was granted the divorce. Now my question is what do you suggest we do to have her divorce recognized in the Philippines or annulled, does the fact that she was the one that filed for the divorce and not him create any issues?
Would it be a total time saver and money saver to just have her come to the United States and for us to get married here?
Our original plans are to get married in Slovenia.
Thank you for your time and effort
Hi. Recognition of foreign divorce would not be possible under the circumstances because she and not her ex-husband was the one who filed for divorce. Annulment might be availing depending on the situation, but it would take time. For your purposes, you may be better served looking into the requirements for marriage ,and its ramifications, in Slovenia or in the US and getting local legal counsel at either place. Best of luck.
My wife was a Philippine citizen working and residing in Hong Kong where she filed for divorce from her Philippine husband. She was granted that divorce and we married in Hong Kong and I filed a spousal visa for her to come join me in the United States. She is now a US citizen. I know her divorce is not recognizable in the Philippines, so am I right in assuming that she has no way or regaining her Philippine citizenship and becoming a dual citizen?
Hi. She may be able to reacquire Filipino citizenship, but think this question is better addressed to your local Philippine consulate/embassy. However, if she means to hold property in the Philippines in the future, her prior marriage can pose difficulties re conjugal property.
Thank you
Hi,
I’m a Filipino but became Canadian Citizen when I was in high school. Now here’s my situation. I married a Canadian Citizen in Canada but due to circumstances I divorce her. We also filed our divorce in Canada and got approved.
I came here in Philippines to marry my GF. I have a Statutory Declaration from Canadian Embassy indicating that I’m divorced and can re-marry. But when we submit our papers in local registry to file for Marriage License, they required me to get a Recognition of Divorce.
My question is, do I still need to get it? I’m married to a Canadian Citizen and I’m also a Canadian Citizen when the marriage and divorce happens.
Please help me!
Thanks!
Hi. It appears that your first marriage was recorded in the civil registry. That cannot be changed except through a court order. This means that so long as a Certificate of No Marriage is a requirement for your marriage license, you cannot remarry in the Philippines unless you do get recognition of foreign divorce.
Thank you for the reply. I forgot to mention that marriage was happened in Canada and not in Philippines.
I would also like to reiterate that we are both canadian citizen and got married in canada and after that we got divorce in canada. Do i still need to get recognition of divorce eventhough the marriage didnt happened in philippines? And the fact that my ex and I are both canadian citizen when the marriage and divorce happens in canada? Thank you soo much!
Hi. I’ll send you an email on this.
Hi ,
Me and my Ex-Wife has been married here in philippines but she filed already a foreign divorce in australia to get married with her fiance there, the divorce has been approved in their home country and sent the divorce paper to me here in philippines. My question is that, can i remarry again now here in philippines is this legit or there is more process to be settled?
Thanks
Hi. Unless a case for recognition for foreign divorce has already been completed, the earlier marriage will still be on record. If you’re uncertain, I suggest you make a request for a CENOMAR to check.
Hi my foreign husband and i decide to separate but we’re married in Philippines. And now i am living here in Philippines and I want to file for divorce. What should i do? Please help.
Hi. Your foreign husband has to be the one to file for divorce abroad so that it can be recognized in the Philippines according to the process described in the article.
Hi, Im Ave. I married to an American in 2015 But after that he never came back.
Its been 5years now.. what should I do? I need some advise that are easy for me to get an annulment. Thanks much..Highly appreciated.
Annulment is by its nature not easy. We will need more facts to say what is possible. Will send you an email.
Hi
I am foreigner and me and my filipina wife decided to go our separate ways. I need help with a lawyer to assist me with the legal process to have the divorce acknowledge by the Philippines courts.
Please advice
Hi. Will send you an email.
november 19 2018 my divorice final here in US im american she Pinay i just send the documents to NSO marriage certificate and divorice judgement ????
A certified copy of the divorce will need to be registered at the City Civil Registrar of Manila, but this by itself will not suffice. A court case is still needed if you want your previous marriage record to reflect recognition of your foreign divorce.
Hi My question is that, since my boyfriend is a foreigner and got married in the philippines with filipina, It is not registered from my boyfriend’s home country that he is married so it means that their marriage is only registred in the philippines, He can still file for foreign divorce? Can you please help find an answer on this?
Not all countries have a central registry for marriages. What’s more, a country can choose to assert authority to grant a divorce even if the marriage had not previously been registered with it. It’s entirely up to the laws of the country in question whether or not it will do so.
So my boyfriend can still file the divorce in their home country about his marriage with the filipina even it is not registered in their home country? he can still apply that?
Yes. If it’s valid according to his national law, it will be valid for him.
Hi ,
My foreign boyfriend has been married with a filipina but he filed already a foreign divorce in their home country, the divorce has been approved in their home country and sent the divorce paper to the filipina. My question is that, my boyfriend can remarry now or there is more process to be settled?
He can remarry, but probably not yet in the Philippines because his previous marriage here is registered in the central civil registry so that he would not be able to get a CENOMAR which most local governments require before issuing a marriage license. If he wishes to remarry inside the Philippines, he’d need to first get his divorce recognized here according to the process above. However, this doesn’t prevent him from having a marriage ceremony outside the Philippines.
Thank you for your quick response. What if me and my boyfriend will get married outside the philippines,is it safe ? I mean the ex wife cannot file a case against us since the divorce paper not yet recognize in the philippines?
If he is validly divorced in the eyes of his national law, then he is free to remarry. For practical reasons, the second marriage should not take place in the Philippines, but it still will be a valid marriage if celebrated abroad.
But their marriage with the filipina is no longer valid in the philippines?l or they are still married even the foreign divorce has been approved by my boyfriend’s country? Or is it like he is married with two?
His marriage with the Filipina is still on record, but he really is divorced. It’s just that, for the Philippines to officially recognize the divorce and amend its records, the process outlined above is necessary
But the filipina ex wife cannot file a case against us in the philippines if we will get married (outside country)?
I see no ground for a meritorious case in that situation.
But I will be able to process our marriage certificate in the Philippines ?? Because I will need that later on to change my last name in my passport. We need marriage certificate from PSA. Is it possible ?
Hi. This changes the premise of the situation. If you want the marriage to be recorded / registered in the Philippines, I advise that a petition for recognition of foreign divorce be filed.
Thank you. Appreciate your help 🙂
I’m divorce in USA I’m foreign and married here in philipines but not yet recognized in philipines and got another girlfriend and she is pregnant can my ex wife can sue me?I’m here in phi now but I have a divorce paper with me and we are not living together for many many years…
Sent an email.
Hi!
I got married before and we are now separated for 11 years.
My ex wife is now a resident alien in US and filed divorce in US.
Is this applicable to us? If so how much would be the cost?
At least one of you needs to be a non-Filipino at the time of the divorce. What is/are your citizenships at the time of the divorce?
Hello po Me and my husband planning to get divorce we married last Nov.2021 at na registered na po yung kasal namin sa San Francisco Philippine Consulate. Ask ko po ano poba ang dapat kong gawin nasa pinas po ako at asawa ko sa US kinasal po kami via online Wedding thru UTAH.
The 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. This is done through a court case.
Hi.
I was married in UAE in 2010 to a Yemeni national. One week after the wedding, I had to go back to the Philippines & he went to Norway. We had a really toxic long distance relationship that ended up to divorce in 2014. He filed for the divorce when he went back to UAE. So he only sent me a copy of the divorce paper in Arabic. I had it translated in English. Unfortunately, until now I haven’t done anything to update my civil status in NSO. But I would have to do it now since I will be joining a new company and I would like to correct all my information. How would I start the process? Thank you.
Hi,
My fiance and I plan to get married this January 2017 in Hong Kong. My fiance is a Filipino citizen and a resident of Canada. His previous marriage was to a Filipina but filed a divorce when she became a citizen of Canada and married a Canadian few years back. My question is,1. can we file for a petition for recognizing a foreign divorce? 2. If not, can he still petition me in Canada even if our marriage is done in Hongkong?
Thanks for your help in advance!
Hi Charm. The answers to these will depend on specific facts of the situation which need to be clarified. I will send you an email.
Hello po,
I need my divorce to be recognize din po so far have all the documents complete both sides have own life and partners already. Kaya we just want to make it all legally ok with our marriage in Philippines.
All my concern po is how much will cost me if ever kasi when comes financially difficult ang ex partner for the reason na insists nyang ako ang naki pag divorce.
Thanks po in advance for the reply .God bless.
We will need more information to be able to say.
You can ask your question on our form on https://lawyerphilippines.org and we can send you follow up questions for us to better understand the situation.
hi. were both married in the philippines. then we moved into canada. she change her citizenship to a canadian but im still a filipino citizen. we recently got devorce. now i want to marry again. how can i file a recognition for my devorce and is there a way to make the process faster. thanks
Hi. Will send you an email.
Hi i was married to a SA citizen and we got divorced in South Africa, i would like to marry my fiancee in Philippines, however how much it will cost us and how long is the process the recognition o. my divorcee
Hi. I will send you an email.
Hi, a filipino husband who moved to United States and obtained US citizenship. I want to divorce my filipina wife, who still lives in the Philippines but I am unsure where she resides. Can I place a publication in the area where I last recalled her at or what process do I take to effectuate a valid divorce. We were married in the Philippines in 1998 and have been separated since 1999.
Hi. The divorce process itself is that of the US. You should follow the notice requirements provided by US divorce law. I do suggest that you do you best to find out where she is so that she receives notice of the proceedings and does not later oppose recognition of foreign judgment on the ground of lack of notice.
Our divorce process requires us to place notice in the form of publication in the last know area of the wife. How can we place publication over in the Philippines so that it is valid according to our US law?
I can’t speak for US procedure, but there are accredited newspapers of general circulation in the Philippines which publish such notices. These can be engaged to publish the notice according to the terms required. The publishers of these newspapers can provide you with an affidavit of publication accompanied by physical copies of their newspaper issues as proof of publication.
You should consult with a US lawyer to confirm whether these will suffice.
I do suggest that you also consider efforts to find your wife and have her actually receive and sign the notice if possible.
Hi,
I have already filled recognition of divorce Cancellation/Correction of entry nder rule 108. Now, the hearings were already done last February. Im just wondering how long will it take for the decision to come out?
Thank you,
Tina
Notice will of the decision will be sent to your lawyer. You may wish to follow up on this with him.
Hi ,
My name is David and I was married to a Filipina for 8 years. We had an amicable divorce almost 4 years ago in the US, and I have had a new Filipina partner for the last year and a half and I want to marry her. I have all my necessary documents but would like help in getting the Cert of No Marriage, or the recognition if that is the process I have to follow. Can you assist?
Hi David. I will send you an email.
I have virtually the same situation. I married a Filipino, I I am a US citizen and divorced her here in the US. My certificate of no marriage report in the Philippines still shows me as married to her. I am wanting to remarry in the Philippines. What is the cost to file for a legal recognition of foreign divorce and also what is the timeframe necessary to complete this process. We were married in Manila.
Sent you an email.
we were married in the philippines on august 2016. at that time she was a filipino citizen and i was a naturalized american citizen for 29 years. she became an american citizen in 2019. we later divorced on august 2020. i will be retiring on December 2021. I currently have a girlfriend in surigao city and would like to marry her. Could i just go to a judge and ask him or her to marry us? will my divorce be an issue? Your input will be much appreciated Thank you, Sir.
This will depend on the civil registrar of the area’s requirements for the issuance of a marriage license to a foreigner. Most civil registrars require even foreigners to submit a Certificate of No Marriage (CENOMAR) from the PSA. If you are so required and the local civil registrar does not relent, then you cannot be issued a marriage license unless you go through the recognition of foreign divorce process.
Hi,im Bronte and i am Australian citizen.I been married in my Filipina wife in Philippines last August 2012,after few weeks of our marriage i came back here in australia because of my mom health condition.since then,we not see each other.last August 2016,i petition a divorce here in Australia under family law,and last November 2016,they grant the divorce already.how can i file a petition for recognizing foriegn divorce in the Philippines so if ever i can remarry again.and maybe you can help me to find a good Lawyer to help me.
Thanks
Hi Bronte. I will send you an email.
Can you send me the same information? My name is Deandre.
Hi Can you also send me the same information.
Can you send me the same information? My name Mehmet
Hi. Have also sent you and email.
Mehmet, your provided email doesn’t seem to work. If you wish, you can send your question to contact@lawyerphilippines.org. Thank you.
Do I have to file civil annulment if my church wedding is already annulled and my ex-husband is already a US citizen and has already remarried in the US?
A religious annulment does not dissolve the legal marriage. A legal dissolution is required.
Hi, I also have the same question. Could you please send me the same info? Thanks
Sent an email.
Hi, I also have the same question. Could you please send me the same info? Thanks
Sent an email.
To whom it my concern ,
Hi this is RAchel from Denmark I have questions and hopefully you can help me. I got married her in Denmark and now been legally divorce from my foreign ex husband. Here at Denmark I can remarry under the law , first I want to change my last name to my family name but apparently at Norway /Phillipinnes Embassy said I need first to get the RECGONITION OF FOREIGN DIVORCE to fix it all. And now I am thinking if I want to remarry here at Denmark it is possible to do it or what? I have a fiance in Phillipines and we have planning to marry here in Denmark. And if ever I need a attorney to help my case about the RECOGNITION OF FOREIGN DIVORCE? I have no idea the cost involve and the processing at all. Hoping for a good heart to help me and for now thank you.
Sincerely yours,
Rachel
Hello Rachel. Will send you an email.
hello good evening im emi i wanna ask something im married to maerican man here in the philippines last may 8 2018 right after our wedding he left me because he need to came back to usa and until now he didnt came back due to his illness mother which underdtandable but just today he accidentally sent a picture of another filipina women the. i talk to him i ask him that i wanna file an annualment so he can be free again now i wanna know if i can devorce my husband even if his in usa and i am in the philippines….i also want to know all my rights after or once i file my drvorce is he obligated to support me?
This may be possible if you know his address in the United States. We can discuss your specific situation if you fill out our form on https://lawyerphilippines.org
Hi Rachel,
I have a similar situation. What steps have you taken so far?
Thanks!
Hi Rachelle, how did it go? I have a similar situation with you and my ex-spouse is from Denmark. Thanks so much.
Hello, How much would it cost me to file for recognition of foreign divorce and how long would it takes? Thank you po!
Sent an email.
Hi Rachel, I have same situation of your’s,,May I know what actions you have done,I will appreciate so much for your response about this. Thank You, Rhina
Hi, I have a question regarding the possibility of recognition of foreign divorce that has not yet been discussed. The situation is the following: A couple (both Philippine citizens) got married in the Philippines and move thereafter to the USA. Both then became US citizens and resigned Philippine citizenship (a requirement to get the US citizenship). They both did not apply for reinstating their former Philippine citizenship (which they could have). Then they got divorced in the US, being at that time (and now still are) only US citizens. Does such a foreign divorce have a good chance of being recognized and approved in the Philippines? Thanks!
Yes, such a divorce can be recognized.
Will this apply if either the petitioner or respondent are dual-citizens?
Hi. I discussed some citizenship issues in Foreign divorce and a former Filipino citizen
The short answer is that dual citizens, foreigners and former Filipino citizens can also file a petition to have their foreign divorce recognized in the Philippines IF the divorce was obtained by someone not a Filipino at the time of the divorce. The law applies when “a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry,”
The situation would be different if the divorce abroad was obtained by a dual citizen. A dual citizen is a Filipino. The Supreme Court has ruled that “an absolute divorce secured by a Filipino married to another Filipino is contrary to our concept of public policy and morality and shall not be recognized in this jurisdiction.” Bayot vs. Court of Appeals, G.R. No. 155635, November 7, 2008
Hi.
Is the process of judicial recognition of foreign devorce possibly takes long if my husband was dead 2 yrs ago and he devorce me already when he was still alive but then i have to recognize our devorce here in Philippines.
How this process goes?
Hi. I’m not sure what the need for recognition is if he already passed away. His certificate of death should be enough for most circumstances. But if it is needed, a petition for recognition can be filed.
hello good day! i am a filipino citizen and living with my american fiance here in Philippines. We have plan to get married here in Philippines but when i get his CENOMAR from PSA. His previous marriage still shown even that marriage already divorce for almost 7 years filed in US foreign country and his EX- wife already US citizen! Do i need to have his divorce recognized here in Philippines in able us to get married?
If you need a cenomar or an advisory of marriage showing that the divorce was dissolved, you will need to have the foreign divorce recognised by a Philippine court.
Good evening gusto ko lang po malaman kung magknu po magagastos para sa nullity decree of divorce dito sa pilipinas at anu o panu po gagawin salamat
Sent you an email.
How about if the filipino spouse is no longer a resident? To which rtc should he file the petition for recognition?
The venue for a petition for recognition of foreign divorce is not dependent on residence. Instead, it should be filed with the court at the city or province where the marriage was registered.
How much much cost off recognition of divorce. ?
This depends on the facts of the case such as the availability of complete documents and which city or municipality the case must be filed.
Good Day! How long is the recognition of divorce here in PH? How much will it cost me? Is that possible if my husband is dual citizen or resident in US? He filed divorce there. Thank you
It is only possible if at least one of the spouses was a non-Filipino at the time of the divorce.
Hi
I’m Australian an married to my wife in Philippines , for 11 yrs, we have a son together, my wife decided to end the relationship some years ago, since she left me, an just before she left me, she said she had a boyfriend, 10 years younger than her, during covid 19 she gave birth to a baby girl, still married to me,
I have recently applied for divorse here in Australia my wife recieve,d the Australian divorse, papers an has sent them back to me, this month every thing should be finalise,d, once this is don’t do I need to have these papers recognise,d in Philippines, as I’m still married to her,
So what is the procedures for this due to covid 19 restrictions, and from start to finish and how much it will cost
Being an Australian citizen, your civil status would already be divorced under Australian law.
You may want to apply for recognition of your Australian divorce in the Philippines if you wish to maintain concerns in the Philippines or have property here or for other reasons, but that is a decision which depends on your situation.
The recognition process is as described in this article. The documents to be signed by you should be notarized in Australia, apostilled, and sent to the Philippines. You should testify during the course of the trial. Because of COVID, this may become possible through video conference; the rules of court for international video conference testimony are presently being threshed out.
We’d need to know more to speak specifically to your situation. We’ll be happy to address it if you fill out our form for this on https://lawyerphilippines.org
hi po atty..
Ano pi pwedeng gawin
Sa pilipinas po sila ikinasal foriegner at pinay tapos po nag divorce sila sa ibang bansa tapos pareho po silamg umuwi ng Pilinpinas, Kasal pa rin po ba sila pagdating sa Pilpinas o hindi na, pag hindi po ano po pwefe nilng gawin para po mapawalang bisa ang kasal khit divorce na po sila sa ibang bansa.
Maraming Salamat po Atty..
Hi I been receive my letter from court of NZ order dissolving marriage last Feb 2015..I don’t have any contact of my ex..what process should I get to void in NSO of our marriage?
You would have to file a court case for the recognition of your foreign divorce here in the Philippines. The process is as described in our article. We will be happy to help you with this if you contact our office through our form on the homepage or our email at admin@lawyerphilippines.org
Hi atty.
I’m a japanese citizen married po ako before sa isang filipino citizen after ilang years nag decide na kami mag divorce.
Nakapagpakasal po ako ulit sa isang filipino citizen sa pilipinas hindi naman po ako hiningan ng Cenomar ng civil registrar at LCCM lang po ang pinasa ko at divorce cert ko dito sa japan.
Ang tanong ko lang po may magiging problema pa po ba kung hindi pa naayos ang recognition of foreign divorce sa dati kong spouse? kasi applying for spouse visa ang asawa ko po ngayon.
It should not be a problem provided you were not a dual citizen at the time of your divorce.
Hi. I married last June 2011 to my Korean husband. After 3months of processing my spouse visa I went to Korea to live there with my husband. But as soon as I stay there he told me what are the terms and conditions of living there. Because I’m too young I feel a kind of betrayed and afraid. So I decided to leave my husband, I stayed illegally in Korea for almost 4years. Then immigration caught me then I got deported. Now 2years of staying here in Philippines but of until now my marriage to my Korean husband is still valid even though it almost 6 years now that we’re not living together. I need some advice on how I’m going to void our marriage here in Philippines. Thank you!
Hi. Will send you an email.
Hi Ammielyn, 2014 i got married to a korean national too, but we divorced May 2016. I stayed in Korea for 2 years 2015-2017, but before i go back to the Philippines , I gathered all my documents that is needed for the recognition of divorce decree in the Philippines. I have filed my case last January 2017, and now still waiting for the result. In your case, there’s a public attorney who can help you but they cannot help you to get the papers you needed here to file , you need to get it in Korea, what you need to do is you need to go back in Korea get your divorce paper which you can get a copy of it in your husband place municipal hall , let it authenticate and translate in English, by that you need a lawyer who can do it, then a korean family law, you can get it to a public lawyer in korea too just go to justice hall in your husband place,then after that go to korean ministries to get a sticker because the Philippine embassy requires it for you to have a red ribbon on it! Then thats all go back here find a public lawyer or if you can get a private lawyer much better because they can assist you well.
If you have more question you can email me. Hirap mag english te tagalog na lang lol
I have similiar situation and I need some advice too
I have same situation. I need legal advice too.
I assume that the document would be in Korean.
You must ask someone to help you.
Approach the Philippine embassy – they may be able to help you.
im also married to a korean citizen but we already got divorced on korea, I would like to know how and where will I start and how much will it cost me to file this case?
We’ll be happy to help you. We’ll need to know more about the specific facts of your case. We can review them with you if you send us an email at admin@lawyerphilippines.org
Hi. It is possible to file a recognition of foreign divorce sa manila even dito kami kinasal sa province? Thanks
Sent you an email.
Hello po . Ask ko po sana ..meron na po divorce decree yung ex husband ko po which he applied in their city in australia.. ano po gagawin ko para magkaroon ng kopya at ano po ang mga process at saan po ako pupunta para naforward yung documents sa CIVIL REGISTRY SA CITY PO NAMIN KASE SABI PO SA CIVIL REGISTRY SA CITY NAMIN WALA PONG RECORD FILE AT WALA PONG NAFORWARD? .HUhuhu help me naman po
It has to be obtained from Australia. Note that the divorce can only be recognized if your husband was a non-Filipino at the time of the divorce.
Id like to ask how much roughly this procedure costsl?
We need some information about the facts of your case to say. We’ve replied to your email.
hi po atty..
Ano pi pwedeng gawin
Sa pilipinas po sila ikinasal foriegner at pinay tapos po nag divorce sila sa ibang bansa tapos pareho po silamg umuwi ng Pilinpinas, Kasal pa rin po ba sila pagdating sa Pilpinas o hindi na, pag hindi po ano po pwefe nilng gawin para po mapawalang bisa ang kasal khit divorce na po sila sa ibang bansa.
Maraming Salamat po Atty..
The divorce can be recognized here if one of them was not a Filipino at the time of the divorce. Kailangan ng court case sa Pilipinas para ma recognize ang divorce na nangyari abroad.
The Filipino has to go through the recognition of divorce process in court for her to be able to validly remarry.
Hi, I’m married for 28 years in Australia with my Filipino Boyfriend. I sponsored him over as a Fiancee. Over the years he is not being honest to me. I fall out of love for him due to his narcissistic traits. We got married also in the Philippines because it is a requirement during those time in support of his fiancée application. We are separated but living in one roof due to COVID lockdown and we can’t sell the house yet. I’m going to apply for a divorce as a sole applicant. Do we still need to apply for a legal separation in the Philippines although we are both Australian now? What are we going to do. Please give me some advice to start the process. Greatly appreciated your help on this matter. Thank you.
The divorce can be recognized in the Philippines if you want if recorded in the Philippine civil registry system.
Hello anu po kaya pwede gawin 2004 po nakasal ako sa korean citizen dito po sa pinas,after 4 months nag file kami divorce sa korea that day po pinauwi na ako ng pinas anu po kya dapat ko gawin?
The Korean divorce documents should be certified in Korea so that they can be submitted to a Philippine court for the recognition of foreign divorce.
Hello po ..we were married in the Philippines and both of us are permanent Residence now in Canada ..but after 2 years our relationship didn’t continue and we filed a divorce in canada and was approved. And how can we void our marriage in the Philippines. How much po ang magagastos to have the CENOMAR.
And how can I change my surname that’s from my ex husband
A foreign divorce can be recognized in the Philippines only if at least one of the spouses was a non-Filipino at the time of the divorce. If one of you is no longer a Filipino now, you might consider obtaining a divorce now.
Otherwise, annulment in the Philippines is the only option, but that has a residency requirement that has to be complied with.
Will the division of marital properties be applied in the Philippines? If the Filipino bought properties when he was single and continues payment even after he got married. Will the wife has legal claims of his properties. What if wife’s name was on the deed?
In general, all properties brought into the marriage are part of the conjugal property as long as the marriage exists.
How can i file a recognition of divorce in philippines..
Hi. The process is as described in this article.
Hi,currently living in Canada and a canadian citizen po formerly a Filipino Citizen.Dinivorce ko ex husband when I was still a Filipino citizen here.I can’t file for recognition of divorce but would like to know more about the route for annulment po and some more and how much po
We have an article on filing for annulment from abroad which you can find here:
https://lawyerphilippines.org/how-to-file-for-annulment-in-the-philippines-while-abroad/
Hi. I married last June 2011 to my Korean husband. After 3months of processing my spouse visa I went to Korea to live there with my husband. But as soon as I stay there he told me what are the terms and conditions of living there. Because I’m too young I feel a kind of betrayed and afraid. So I decided to leave my husband, I stayed illegally in Korea for almost 4years. Then immigration caught me then I got deported. Now 2years of staying here in Philippines but of until now my marriage to my Korean husband is still valid even though it almost 6 years now that we’re not living together. I need some advice on how I’m going to void our marriage here in Philippines. Thank you!
My filipino fiancé just got her divorce from her American husband , we plan on getting married in Hong Kong .Do she need to have her divorce certified. In the Philippines in order to get married in Hong Kong ?
It depends on the marriage requirements of Hong Kong. If they require her to submit a Certificate of Capacity of Marry or its equivalent from the Philippine embassy, then she will first need to get Philippine court recognition of foreign divorce. Present Philippine law requires court recognition before a divorced Filipino can remarry.
We cannot speak for the views and laws of other countries.
Hi!
I got married before and we are now separated for 11 years.
My ex wife is now a resident alien in US and filed divorce in US.
Is this applicable to us? If so how much would be the cost?
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.
Hi i obtain my devorse in australia and wanna recognized it to philippines, can you let me know how long and how much as well as the process please
Thank you
Having the divorce recognized in the Philippines is as described in this article. The process requires a court case.
We will need to know more about your specific facts to speak to your case. Will send you an email.
Hi po
I am currently married here in Norway for almost 6yrs.weare planning to get divorce here in Norway.tanong ko lang Po if once divorced is already served need pa ba magpa annul sa Philippines kahit divorced na kami dito sa Norway?Ano Po ba dapat Gawin?thanks.
This depends on your citizenships. Note that annulment and recognition of divorce are different.
The divorce can be recognized in the Philippines if at least one of you is a non-Filipino when you divorce. That would require the court process described in this article.
If you both have Filipino citizenship, a court case for annulment would be the only option.
?Hello good day ! My husband is a French citizen and divorce with his french wife . We are previously got married in Utah state and we are going to Report the foreign marriage in the Philippines do we still have to process the judicial recognition of his divorce ? As the the consulate of where we gonna submit our application is asking for a marriage certificate of no record. Thank you !
You probably do not need a judicial recognition of the foreign divorce if both spouses were non-Filipinos at all times. You should probably advise the consulate that your husband has always been a French citizen.
Hi both Filipino married in the Philippines and spouse filed and granted divorce in Canada. Spouse re-marry a Filipino in Hong Kong. Is the spouse eligible to file a recognition for foreign divorce?
Hi. If the one who obtained the divorce was a Filipino at the time of the divorce then that divorce cannot be recognized under Philippine law.
Hi, may I know how much it would costs me having my divorce acknowledgement here in the Philippines? I just got the papera from the final judgment of my divorce from my korean husband. Looking forward for you reply and thank you very much for taking time to read this.
We will need to know more about the facts of your case to say. Sent you an email.
Hi, I was married for 5 years now in the Philippines for my foreign husband who lives in the u.s. and he decided to divorce me because of our differences. Then he change his mind again and dont want to divorce me. He told me if I wanted to divorce him I pay for our divorce. For 1 years he ignore me and not supported me. So I just want to ask what is the best thing I can do to make the marriage void?
You could conceivably divorce him in the US depending on the rules of his State of residence. Such a divorce would still have to be judicially recognized here.
Alternatively, you could look at whether any of the grounds for dissolving a marriage in the Philippines are available.
Hi. I’m divorced from my American husband, me and my fiance plan to get a fiance visa and get married in Netherlands. Need pa ba ipa’recognized and divorce decree ko dito sa Philippines? Thanks sir.
The Supreme Court of the Philippines has ruled that a foreign divorce has to be recognized here before a Filipino can again validly remarry.
We cannot speak for Dutch law. Sent you an email.
Is my ex husband can pay me any damage fee after recognition of foreign divorce?
This would probably be best taken up at the original divorce case abroad.
Good morning. So I am writing on behalf of my son’s fiance who lives in Japan and is there on a visa. Three years ago she married a Japanese national, a year into the marriage her husband started abusing her physically and mentally for which we have evidence police report and photographs. My question is can she obtain a certificate of divorce from Japan and then have it registered in the Philippines without her being in the Philippines. For instance, can she appoint someone in her family to act as her power of attorney and file the document to get the annulment registered? Please advise the process time for this to be done.
Yes, this is possible provided all the documents are in order and are duly certified and authenticated.
Hi po Atty.
Sa pilipinas po kmi ikinasal at nag divorce po kmi sa US..Dual Citizen po ako.Ano po ang batas na susundin?
kasal pa rin po ba ako sa Pilipinas bilang Filipino Citizen or walang bisa na po kasal ko sa Pilininas dahil dovorce na ako dito sa US as US Citizen ppo..
Salamat po atty…God Bless..
Hi Atty. Ask ko lang po i have a husband now he is a german he was married before to a filipina here in the philippines but he got his divorce decree from his country before we got married here. He filed it also to their embassy and got his civil status “Divorce” with apostille, ask ko lang po atty. Kahit hindi pa po na rerecognize yung divorce nya dito sa pilipinas at kinasal na kami, magiging valid po ba yung kasal namin? Hindi po ba kami makaka suhan dito?
Yes. There may be other reasons to want the divorce recognized in the Philippines, but the second marriage should be valid since he is a foreign citizen.
Hi sir, I just recieved the divorce papers from my ex-husband he’s a canadian.we got married here in the Philippines (02/05/2020).I just wanna ask po what is the next step?he said I only have 30 days to respond and if not the divorce will be legalized in Canada and not here in the Philippines? Is that true?
We cannot speak for Canadian law. For the Philippines, the divorce can only be recognized if at least one of the spouses is a non-Filipino at the time of the divorce.
Hi attorney, may tanong po sana ako, Kasal Ako sa isang japanese. dito kami kinasal sa pilipinas. At 12 years na kaming hiwalay at hindi ko na alam kung nasaan siya ngayon. At my Ibang partner na rin po ako Ngayon at gusto na naming Magpakasal ulit.
Paano po bang gagawin ko para ma pa walang Visa ang aking kasal sa japanese? Please po attorney help me ? Thanks.
You would need to obtain a divorce in Japan then have that divorce recognized in the Philippines. You may also check if he already divorced you in Japan.
Hi i have this case my boyfriend and i were planning to get marry we are both filipinos his divorce already in japan to her japanese ex wife and we decided to get marry in the philippines does he need to file a judicial recognition in foreign divorce in philippines?
I suggest he apply for a Certificate of No Marriage (CENOMAR) in the Philippines to see what Philippine records on his civil status are.
Good day!
My american citizen husband withdrew his petition for our annulment and presumably he’ll file for Decree for Absolute Divorce in the USA. Can you give me an idea po how long will it take to be granted in the US and if I’m to file for Recognition Of Foreign Divorce dito sa Philippines, how much will it cost me? Thank you po.
We cannot speak for the divorce abroad. As for its recognition here, it depends on several factors, but about a year to a year and a half has been a fair estimate in our experience.
Hi good day atty.
I need help I have fiance his American citizen he got married to a filipina here in Philippines but they got divorced after his wife got American citizen, now we are planning to get married here in Philippines. It is possible he can re-marry again here in Philippines?
Thank you.
And Godbless
This depends on whether the local civil registrar will issue him a marriage license. This is best taken up with the LCR.
Hi my wife was married here in the Philippines in 1998 they divorced a few years later in UK he has since remarried several times in the Philippines we were married in the UK in 2018 and have lived here in Philippines since 2019 on baiakbyan visa what must we do for her to reacquire citizenship (duel) and I can get 13a
Thank you
If you want the divorce recognized in the Philippines, she must go through the court process described above.
For simple reacquisition of citizenship, she can do this at the Bureau of Immigration.
Does The Philippine Government recognize a divorce made in another country as a legal divorce?
Yes, but at least one of the parties must be a non-filipino at the time of the divorce.
It must then go through a Court Process to recognize it and then afterwards brought to the NSO for them to correct the civil record.
Hi, me and my ex husband who was in philippines, are planning to divorce here in us. I’m a green card holder, we want our divorce to be acknowledge in philippines, is it okay for me to file divorce first before i apply for us citizenship?
No. A divorce can only be recognized in the Philippines if at least one of the spouses was a non-Filipino at the time of the divorce.
Hello, paano po if di naka report yung marriage sa PSA then ng divorce filed by foreign husband dito sa US. Paano po marecognize sa PH if Wala naman record sa PSA?
Salamat po.
In our experience, if this is necessary, we’ve actually had to file the Report of Marriage first and then file the court case for recognition of foreign divorce.
Hi i’m vanisa, really need your advice. I’m now married to a canadian citizen. We got married in seychelles east africa lst march this year and our marriage is already registered to PSA. The story is my husband is divorced in canada with a filipina and they got married in Philippines way back 2012 and they didn’t apply for annulment. Yes technically they are still married in the Philippines.
My questions are:
1. My marriages with him is it valid in Philippines yes or no?
2. Is it possible that the ex wife can file him a begame case againstmy husband?
3. Who can apply for the recognition of foreign divorce my husband or his ex wife?
4. And how he will remove his record of marriage of his ex wife in PSA?
I would be happier to hearing back from you. Thank you
Sent an email.
Hi Vanisa, we have the same case. How did it go?
same issue here
This should not be a problem if the husband was a foreign citizen before and after the marriage. The law on recognition of foreign divorce is more concerned with the Filipino who wants to have the divorce recognized in the Philippines (although the non-Filipinos may seek judicial recognition of their divorce for their own reasons).
As to bigamy, 1. A divorced non-Filipino who remarried did not commit bigamy; and 2. Philippine law on bigamy does not extend to punishing a marriage celebrated outside the Philippines.
Either former spouse can apply for recognition of the former divorce through which their marriage record in the Philippines can be amended to recognize and give effect to the foreign divorce.
Hello po Me and my husband planning to get divorce we married last Nov.2021 at na registered na po yung kasal namin sa San Francisco Philippine Consulate. Ask ko po ano poba ang dapat kong gawin nasa pinas po ako at asawa ko sa US kinasal po kami via online Wedding thru UTAH.
The process is as described in the article. We can help you secure the necessary documents from the US state where you obtain the divorce and to obtain court recognition here in the Philippines.
Hi po, magkano po ba lahat magagastos mag file ng petition for recognition? We got married here in Philippines and I got my divorce paper that was filed in US. Thanks
We would need to know more about the facts to estimate your costs. We’ll send you a set of questions for this if you email us at admin@lawyerphilippines.org
Hi po, magkano po ba lahat magagastos mag file ng petition for recognition? We got married here in Philippines and I got my divorce paper that was filed in US. Thanks
It depends on the specifics of the case, such as the venue where the case needs to be filed, and the documentary requirements needed to prove the divorce. Will send an email.
I have same issue
Is it possible po makaka kuha ng cenomar while undergoing the recognition of a foreign divorce in the Philippines? Na merun mn lng naka state na I’m single ulit or allowed to marry again as I’m undergoing the recognition of the divorce po? O kailangan talagang taposin before they can give po?
The case needs to be finished for any such annotation to issue. Your marriage record in the Philippine civil registry can only be amended or annotated by a final court judgment. This can only be issued after the completion of your case for recognition of foreign divorce.
Please sent me an email of how much do I have to pay for the recognition of my divorce from my American ex husband. Thank you.
We will need to know something of the facts of your case to say. Sent you an email.
Hello, meron po akong friend na nka pag asawa ng french national tapos dito sila kinasal sa pilipinas, then ngayon gusto ng french husband nya na mag file ng divorce, possible po ba na sa france mag file ng divorce yung husband? Peru yong asawa nandito sa pinas. Necessary ba na ka pag magpa file ng divorce both parties are present in the court?? Thanks po.
This will depend on the French court’s rules of procedure. For such a divorce to be recognizable in the Philippines, it will need to be proven that the divorce was valid under French law and complied with the basic requirements of due process such as sending proper notice to the other spouse.
Hello, can I get married in US after a divorce from previous spouse residing in the same country while waiting for the divorce recognition in Philippines to be finalized?
I would advise against it. The Philippine Supreme Court has written that a Filipino’s foreign divorce must be judicially recognized in the Philippines before that Filipino can validly remarry.
I am already divorced with my ex husband here in japan and now I want to file for recognition of divorce in the philippines. I already have my divorce certificate from legal office here in japan but my lawyer in the philippines asking me to get divorce certificate from japan embassy in the philippines. The department of foreign affairs here in japan told me that if the divorce made here in japan I must get the divorce certificate here in japan to file for recognition of divorce. I want to ask if its okay to file for recognition of divorce even without divorce certificate from japan embassy in the philippines
You should speak with your lawyer about this. There are procedural considerations with regard to registration of a Japanese divorce in the Philippine civil registry that may be the reason why he is asking for this.
Hello po, gusto ko lang sana malaman if allowed po ba yung magpakasal ako sa dubai at ikasal uli sa india at sa pilipinas? Iisang tao lang din po papakasalan ko
What is the reason? If the follow up ceremonies are for religious / social purposes, a civil aspect to either ceremony may not be necessary provided the Dubai marriage was duly reported to each government.
hello po divorced po ako last 2017 , got my US citizen last 2015 and my ex husband still Filipino Citizen ,pano po ang recognition of divorce para makapagpakasal po ako sa BF ko sa Philippines , salamat po
We will be happy to help you. We will need more information about your situation. Will send you an email.
Hi, I am from Philippines and married from a filipino..been separated for 6 years and want to file divorce while I am staying here in US what will be the process?
Such a divorce may be valid under US law, but it cannot be recognized in the Philippines unless one of the spouses is a non-Filipino at the time of the divorce.
Sana matulungan nyo ko makuha ng abogado n abot kaya para may mag tuturo saken ng dapat k gawin sa pag file k sana nv recogntion of foreign devorce ko naawa na k sa sarili ko e di p nakikioperate ang ex husband ko talaga pinbayan na ako kya kelangan k na mag file ng rofd pra namn maging maligaya na ako soon
If you fill out our form for this on https://lawyerphilippines.org we can try to help you.
Hi Atty. I just want to asked if my ex husband doesn’t comply with the requirements that I’m asking him to send to me. Is there anything a lawyer can do for him to send it?
If you are asking about whether it is possible to compel someone overseas to provide you with the certified documents of the divorce that he already obtained, that would be difficult. You would probably be better off obtaining the documents yourself or engaging someone to do so.
Send us an email at admin@lawyerphilippines.org if you would like help on this.
JUST FYI, you can have the divorce recognized in Philippinues even if both were Filipinos at time of marriage: the Supreme Court in the case of Republic of the Philippines vs. Cipriano Orbecido III (G.R. No. 154380, October 5, 2005) held:
“Thus, taking into consideration the legislative intent and applying the rule of reason, we hold that Paragraph 2 of Article 26 should be interpreted to include cases involving parties who, at the time of the celebration of the marriage were Filipino citizens, but later on, one of them becomes naturalized as a foreign citizen and obtains a divorce decree. The Filipino spouse should likewise be allowed to remarry as if the other party were a foreigner at the time of the solemnization of the marriage. To rule otherwise would be to sanction absurdity and injustice. Where the interpretation of a statute according to its exact and literal import would lead to mischievous results or contravene the clear purpose of the legislature, it should be construed according to its spirit and reason, disregarding as far as necessary the letter of the law. A statute may therefore be extended to cases not within the literal meaning of its terms, so long as they come within its spirit or intent.
Yes, what matters is their citizenship at the time of the divorce.
At least one of the spouses must be a non-Filipino at the time of the divorce.
Hello po Atty. I need some advice po. I was marriend in Philippines in 2005 with a Filipino. We got divorced in Singapore in 2011 while we were still Filipino citizens. Singapore and Australia recognizes our divorce but not Philippines. Both my ex husband and myself have our own separate families na with our own partners. He’s now an Australian citizen and I am also just waiting for my citizenship as well. I need an advice if I get my citizenship, do I need to get my divorce recognized in Philippines for me to be able to change back to my maiden name? Can you offer advise the best way for me to be able to change my name and re-marry please?
Thanks!
Filing for recognition of foreign divorce is not an option because that is only available if at least one of the spouses was a non-Filipino at the time of the divorce. Should you remarry under Singaporean or Australian law — particularly when you are no longer a Filipino — and that would be recognized in those countries, but not in the Philippines.
Hi. I am Alyssa Manaois. I just want to inquire po if ano po dapat gawin namin mag asawa. Pareho po kami andto sa Australia nkatira ngayon. My husband is already Australian citizen pinoy sya. Kinasal noon asawa ko sa pinay dto sa australia but they already divorce here in australia. Ang problem is nkaregister sa cenomar ng husband ko name ng ex wife nya that they married. Ano po bang dpat nmin gawin which is di pa approved divorce jan sa pinas. Ano po dapat gawin para matanggal ung name nung exwife nya sa cenomar at pra po mkpagpakasal na din kami sa pinas. Anomg klaseng petition po dpat gawin. Gusto kasi ng husband ko iaanulled ung ex wife nya jan sa pinas yung hindi na po nmin kailangan mkita ung ex wife and wala ng trial trial. Nasa mahelp nyo kami
Hello, I’m a US citizen. I married my wife 8 years ago in the Philippines and in the last two years we decided to get a divorce. She is now here in the US with me and we got our divorce finalized and everything. Do I have to go to the Philippines to register the divorce if I want to Marry another Filipino woman?.
Possibly not if that is the sole purpose, although you should clarify the requirements for getting a marriage license from the local civil registrar where you intend to get married.
Good day po.. I?m a Filipino Citizen residing here in the Ph. My fiancee is now living in the US and just recently got her US CITIZENSHIP (2022). She was previously married to a Filipino here in the Ph. Her previous spouse is also in the US who became a US Citizen last 2019. My fianc?e filed for a divorce when they were still both a Filipino Citizen. Their divorce petition got approved last Sept 2020. Me and my Fianc?e already have a son who is also a US Citizen since he was born in the US. We are now processing a Fianc? Visa. Do we still need to have their divorce decree be recognized here in the Philippines? Thank you po? God bless
This question is a matter of US immigration law and policy which is best addressed to a US immigration lawyer.
Hi I’m from the UK and married to a Filipino for marriage as now ended and I’m going to divorce her here in the UK my wife is still.in the Philippines
Will I have to have it recognised there in the Philippines court to
This depends on what your objectives are.