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.
How do I register a foreign divorce in the Philippines?
The foreign divorce decree must be judicially enforced or confirmed in the Philippines by filing the proper civil action at the Regional Trial Court in the Philippines (RTC-Phil). The court decision shall be registered in the Local Civil Registry Office (LCRO) where the concerned RTC-Phil functions.
How do I file a petition for recognition of foreign divorce in the Philippines?
The divorce decree granted by a foreign country must first be filed for recognition in the Philippine Regional Trial Court (RTC). Once the local court recognized the foreign divorce decree, register it to the LCRO of the place of jurisdiction of the RTC which granted the petition.
Is a US divorce valid in the Philippines?
The Divorce that you obtained in America was valid and recognized in Philippine jurisdiction. This is so because you are no longer a Filipino citizen when the Divorce Decree was issued.
Is divorce decree valid in the Philippines?
Philippine laws relating to marital status follow Filipinos wherever they may go. Thus, as a rule, a married Filipino remains married even if a divorce is obtained abroad because divorce is generally not recognized in the Philippines.
Can divorce be right if it’s done abroad where it is allowed?
Can this be done while I am abroad? Yes. That the petitioner is abroad while the case is being prepared can actually be beneficial. If foreign documents need to be secured in the foreign country, it is then often easiest for the petitioner to get them there herself.
What are the requirements for recognition of divorce in the Philippines?
Requirements for Recognition of Divorce in the Philippines
- The divorce decree must be proven in court. …
- The court decision shall be registered in the Local Civil Registry Office.
- The registered document shall be submitted to the Local Civil Registrar where the affected civil registry documents (birth, marriages, etc.)
Can a foreigner file the recognition of foreign divorce case in the Philippines?
A foreign divorce can only be recognized if one of the spouses was a foreigner at the time of the divorce. In all other situations, a foreign divorce cannot be recognized in the Philippines.
Can a divorced person remarry in the Philippines?
There must be an acknowledgment of the divorce of a non-native from the Filipino courts for remarriage to be possible. After the Filipino courts have acknowledged the dissolution of marriage, only then can a Filipino citizen remarry. Annulment is the only solution to divorce in the Philippines.
Why are foreign decrees of divorce granted to Philippine nationals generally refused recognition by our courts?
Initially, the recognition of the divorce decree in the Philippines was rejected by the RTC where the petition for recognition and enforcement of a foreign judgment was filed, as the trial court cited Article 15 of the New Civil Code and reasoned that as a rule, “the Philippine law ‘does not afford Filipinos the right …
How do I prove a foreign Judgement?
Since a foreign judgment is considered a public document under Rule 132 of the Rules of Court, Section 19 in relation to Section 24 thereof requires proof, either by (1) an official publication or (2) a copy attested by the officer having legal custody of the document.
Can you remarry without an annulment in the Philippines?
Remarriage is possible if there is a court order that declares the marriage as null and void. Remarrying without this court declaration could render the subsequent marriage void and opens the parties to bigamy charges.
Does long separation automatically nullify marriage?
It is one of the most common topics being discussed in legal forums. If one has already found a new person to love, long separation does not necessarily nullify marriage because laws still get in the way. Even if you are separated from your spouse for 10 years, it is not a sufficient ground for annulment.