messageus

Foreign Divorce : Recognition in the Philippines

recognition-of-foreign-divorcesUnder Philippine jurisdiction, divorce is not an option of ending the validity of a marriage. Even if a divorce decree is validly acquired by a Filipino in a foreign country, will not in effect dissolve his marriage. On the other hand, it shall be different in case of marriages between a Filipino and a foreigner and the divorce decree was obtained by the foreigner spouse.
Paragraph 2, Article 26 of the Family Code of the Philippines provides:
“Article 26. xxx
Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce decree is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall likewise have the capacity to remarry under Philippine law.”
The divorce decree shall not be automatically recognized here as our courts do not take judicial notice of foreign laws and judgment. It shall be necessary first to prove and allege both the divorce decree and your national law according to our law on evidence (Garcia vs. Recio, GR No. 138322, October 02, 2001).
To have the divorce recognized here in the Philippines, your ex-wife shall need to file a petition before our courts for the recognition of the divorce decree that you obtained in your country. She must be able to prove in the said petition the divorce as a fact and demonstrate its conformity to your law which issued it. It must also be shown in the petition that you were also given the capacity under your laws to remarry by virtue of the divorce decree that was issued to you (Republic vs. Orbecido, GR No. 154380, October 05, 2005).