FOREIGN DIVORCE: A TICKET TO A NEW MARRIAGE FOR FILIPINOS? | DIVORCE UNDER PHILIPPINE LAW
Judicial Recognition of Foreign Divorce in the Philippines; Foreign Divorce Recognition in the Philippines; Foreign divorce decree; divorce abroad; Philippine recognition of foreign divorce; Does the Philippines recognize foreign divorce?; Does the Philippines recognize divorce judgment obtained abroad?; Is foreign divorce judgement enforceable in the Philippines? Can I get married after my divorce abroad?; Can a Filipino spouse marry again after getting a divorce abroad?; Effect of divorce in the Philippines; Legal effects of foreign divorce in the Philippines; Legal consequences of divorce obtained abroad; Is foreign divorce recognized in the Philippines? Rights of Filipino spouse in case of divorce obtained abroad; Right to remarry after divorce abroad; Can I remarry after my divorce? Can You contract another marriage after a divorce?; Why is divorce not recognized in the Philippines? When is divorce recognized in the Philippines? Is divorce against Philippine public policy? Why is divorce not allowed in the Philippines? Petition for recognition of decree if divorce; Marriage as as social institution; Family as a social institution; Sanctity of marriage; Judgment of divorce; recognition of judgement of divorce obtained abroad; When to recognize divorce obtained in a foreign country; According to the website of the Philippine Embassy in Tokyo, “there is no divorce in the Philippines, but when a divorce is validly obtained abroad by an alien spouse from his or her Filipino spouse, the Filipino spouse shall have the capacity to remarry under Philippine law. However, the divorce obtained abroad must be passed upon judicially by a Philippine court to prove its validity before the Filipino spouse can remarry under Philippine law through the process of Judicial Recognition of Foreign Divorce (JRD).
The decision of the Philippine Court shall become the basis for the annotation of civil registry documents. Indeed, Recognition of Foreign Divorce 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. 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.” A valid divorce decree obtained abroad is not automatically recognized in the Philippines. A foreign divorce decree must be proven, just like any fact, in the Philippine jurisdiction. The proper petition must be filed in court. Divorce and remarriage; Philippine divorce; Is divorce allowed in the Philippines? Does the Philippines have divorce law? Divorce law in the Philippines? Can you apply for divorce in the Philippines? Is foreign divorce valid in the Philippines? US divorce recognized in the Philippines? Is Japanese divorce recognized in the Philippines? Is Canadian divorce recognized in the Philippines? Is Australian divorce recognized in the Philippines? Is the Divorce decree from the United States recognized in the Philippines? Can I enforce a IS divorce decree in the Philippines? Is divorce judgment from Canada accepted in the Philippines? Is divorce order for Australia accepted in the Philippines? Does the Philippines honour a divorce order from abroad? In Republic v. Orbecido, the SC ruled: “If we are to give meaning to the legislative intent to avoid the absurd situation where the Filipino spouse remains married to the alien spouse who, after obtaining a divorce is no longer married to the Filipino spouse, then the instant case must be deemed as coming within the contemplation of Paragraph 2 of Article 26.” “In view of the foregoing, we state the twin elements for the application of Paragraph 2 of Article 26 as follows:
1. There is a valid marriage that has been celebrated between a Filipino citizen and a foreigner; and
2. A valid divorce is obtained abroad by the alien spouse capacitating him or her to remarry.” “The reckoning point is not the citizenship of the parties at the time of the celebration of the marriage, but their citizenship at the time a valid divorce is obtained abroad by the alien spouse capacitating the latter to remarry.” dual citizenship and divorce; divorce and dual citizens; divorce obtained after naturalization; divorce after being naturalized as foreign citizen; divorce after acquiring US citizenship; divorce for dual citizens; canadian dual citizenship and divorce decree.
Good day po sir Sana mapansin niyo tong comment nato pwedi niyo po bang ehh discuss ang Rule 114 salamat po
New subscriber atty.please pakibalikan n rin atty.tnx po
Hi, I’m a new subscriber. Could you discuss the differences between permanent residency and dual citizenship? Salamat po!
Hello attorney. A couple both pilipino citizens got married in the Philippines and both became naturalized citizens of a foreign country when they got divorced. Can they both remarry again in the Philippines? Thanks.
Upon filing of the divorce at the New York Supreme Court, both parties were Filipino Citizens. However, when the divorce was granted, the husband is now an American Citizen. Question: Is the divorce valid and recognizable in the Philippines now that the other party is an alien without dual citizenship? Thanks po Attorney😊
Dual Citizenship ; planning to go Philippines, I will use Philippine passport. Am I a Balikbayan benefits entitled?
Hello po sir, tanong ko Lang po, twice na akong kinasal dito sa USA, that time Filipino citizen po ako, di ko po alam na need I report ang marriage sa Philippine consulate dito sa USA, Just now I found out when I get dual citizens, kasi di ko pala magamit last name ng asawa ko pag kumuha ako ng Philippine passport, wala po akong registration that i am married sa pinas, I’m immigrant when I came here, dito na ako kinasal Sa foreigner, wala po bang problema pag I register ko ang second marriage ko sa pinas?
New subscribers po
Salamat po,Atty ..Very informative po ang topic.Stay safe po.❤️
Hello po sir,
Sana mapansen nyo po.
German ex husband at sa HK kinasal, at devorce in Germany. Paano po ba mag report sa devorce sa Philippinas?
hi atty, me and my ex husband are both filipino who got married in the philippines sometime in 1985.he migrated to the USA and after 9 years Me and my kids followed. unfortunately we got divorced here in the US after a year. can i remarry in the philippines since he himself already have partner for 30 years.. i hope for your advice of what to do on my case. thank you in advance atty. take care and gos bless..