Understanding Your Rights: Divorce Abroad for Filipino Citizens

For many Filipinos residing abroad, the intersection of foreign divorce laws and Philippine family law creates a significant amount of confusion.

One of the most frequent queries involves a divorce in US but married in the Philippines. 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

To be legally considered "single" and free to remarry in the Philippines, a petition must be filed in a Philippine Regional Trial Court.

This process is rooted in Article 26 of the Family Code. 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.
Recognition Across Different Countries: Australia, Canada, and Japan

Whether you are in Perth, Toronto, or Tokyo, the requirements for recognition remain consistent.

Australian Divorce Recognition: If you obtained a divorce in Australia, you must prove the validity of the Australian Divorce Order in a Philippine court.

Canadian Divorce Recognition: For Filipinos in Canada, the limited liability corporation philippines process involves proving that the divorce is final and effective under Canadian law.

Japanese Divorce Recognition: Recent Supreme Court rulings have confirmed that Japanese administrative divorces are recognizable.

Can a Filipino File for Divorce Abroad?

The answer is yes, but with a major caveat regarding citizenship. 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.
Final Thoughts

Navigating the complexities of being married in the philippines and divorced in the us (or elsewhere) requires patience and legal expertise.