Navigating the process of ending a marriage can be daunting, especially when the union was solemnized in the Philippines but the parties now reside in a country that permits divorce.
One of the most frequent queries involves a divorce in US but married in the Philippines. However, it is a common misconception that a foreign divorce decree is instantly recognized by Philippine authorities.
The Process of Judicial Recognition of Foreign Divorce
If you were married in the philippines and divorced in the us, you must undergo a specific legal process called Judicial Recognition of Foreign Divorce.
The legal basis for this is found in the second paragraph of Article 26 of the Family Code of the Philippines. Modern jurisprudence, specifically the Republic v. Manalo case, has clarified that even if the Filipino spouse initiates the divorce, it can still be recognized—provided one of the spouses was a foreign national at the time the divorce was granted.
Specific Cases: Australia, Canada, and Japan
This legal framework isn't limited to American decrees.
Divorce in australia recognized in philippines : If you obtained a divorce in Australia, you must prove the validity of the Australian Divorce Order in a Philippine court.
Canadian Divorce Recognition: Meticulous documentation, including the Divorce Certificate, is necessary for the Philippine court to grant recognition.
Divorce in japan recognized in philippines : You will need to provide the Koseki Tohon (Family Registry) showing the divorce, duly apostilled and translated.
Can a Filipino File for Divorce Abroad?
Yes, a Filipino can file for divorce in a foreign court. If both parties are still Filipino citizens at the time of the divorce, the Philippine government generally will not recognize the decree for the purpose of remarriage.
Conclusion
Correcting your PSA records is a vital step for any Filipino wishing to move forward with divorce in japan recognized in philippines their life and protect their future legal rights.