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 : Australian "no-fault" divorces are recognizable, but you must submit an authenticated copy of the decree and the relevant Australian law.
Divorce in canada recognized in philippines : Similarly, a divorce in canada recognized in philippines requires the petitioner to present the Canadian Divorce Act as evidence.
Japanese Divorce Recognition: A divorce in japan recognized in philippines can include "divorce by mutual agreement" (Kyogi Rikon).
Rights of Filipinos to Initiate Divorce Overseas
Many wonder, "can a filipino file divorce abroad and have it be valid?" In such cases, the parties may need to seek an annulment or a declaration of nullity in the Philippines instead.
Conclusion
Correcting your limited liability company philippines PSA records is a vital step for any Filipino wishing to move forward with their life and protect their future legal rights.