For many Filipinos residing abroad, the intersection of foreign divorce laws and Philippine family law creates a significant amount of confusion.
A common scenario occurs when a couple is married in the philippines but divorced 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).
This rule stems from a landmark provision intended to prevent the "absurd" situation where a foreign spouse is free to remarry while the Filipino spouse remains tied to the marriage. 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.
Specific Cases: Australia, Canada, and Japan
This legal framework isn't limited to American decrees.
Divorce in australia recognized in philippines : 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.
Japanese Divorce Recognition: Recent Supreme Court rulings have confirmed that Japanese administrative divorces are recognizable.
Can a Filipino File for Divorce Abroad?
A common question is: can a filipino file divorce abroad? In such cases, the parties may need to limited liability corporation seek an annulment or a declaration of nullity in the Philippines instead.
Conclusion
Correcting your PSA records is a vital step for any Filipino wishing to move forward with their life and protect their future legal rights.