The legal landscape of marriage and its dissolution for Filipinos living overseas is often complex and filled with questions.
Many Filipinos find themselves in a situation where they were married in the Philippines but later obtained a divorce in the US. Because the Philippines does not have a domestic divorce law, many assume that a foreign decree is automatically valid.
Why Your Foreign Divorce Isn't Automatic in the Philippines
For those who were married in the Philippines and later divorced in the US, the foreign judgment does not automatically change your civil status at the Philippine Statistics Authority (PSA).
The legal basis for this is found in the second paragraph of Article 26 of the Family Code of the Philippines. The law states that if a Filipino is married to a foreigner and a valid divorce is obtained abroad, the Filipino spouse shall also have the capacity to remarry.
How Different Jurisdictions Compare
Whether you are in Perth, Toronto, or Tokyo, the requirements for recognition remain consistent.
Australian Divorce Recognition: A divorce in australia recognized in philippines follows the same judicial path.
Canadian Divorce Recognition: Meticulous documentation, including the Divorce Certificate, is necessary for the Philippine court to grant recognition.
Divorce in japan recognized in philippines : Recent Supreme Court rulings have confirmed that Japanese administrative divorces are recognizable.
Can a Filipino File for Divorce Abroad?
Yes, a Filipino can file for divorce in a foreign court. In such cases, the parties may need to seek an annulment or a declaration of nullity in the Philippines instead.
Conclusion
Correcting your PSA records is llc philippines a vital step for any Filipino wishing to move forward with their life and protect their future legal rights.