Some Filipinos want and do get married outside the Philippines. There’s nothing really strange with this, except when they say that the reason is for convenience in getting a divorce abroad. This is strange for two main reasons:
1. Divorce is not recognized under Philippine laws. If you’re a Filipino, it doesn’t matter where you get a divorce – such divorce is invalid/void in the Philippines. This is because under the nationality principle (Art. 15, Civil Code), all Filipinos – where they may be in the world - are bound by Philippine laws on family rights and duties, status, condition, and legal capacity. Yes, folks, you can run, but you can’t hide.Nevertheless, divorce decrees secured outside the Philippines are recognized in certain instances. This is provided in Article 26 (Paragraph 2) of the Family Code, which reads in full:
ART. 26. All marriages solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35(1), (4), (5) and (6), 36, 37 and 38.
Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law.
The twin elements for the application of this provision are:
1. There is a valid marriage that has been celebrated between a Filipino citizen and a foreigner; and
2. A valid divorce is obtained abroad by the alien spouse capacitating him or her to remarry.
At first glance, Article 26 seems to apply only to a marriage between a Filipino and a foreigner. This was raised by a respected commentator in family law, Justice Sempio-Diy, who noted that Art. 26 does not apply:
…to a divorce obtained by a former Filipino who had been naturalized in another country after his naturalization, as it might open the door to rich Filipinos’ obtaining naturalization abroad for no other reason than to be able to divorce their Filipino spouse (Handbook on the Family Code of the Philippines, 1995 Ed., p. 30).
However, this provision was later interpreted by the Supreme Court to include cases involving parties who, at the time of the celebration of the marriage were Filipino citizens, but later on, one of them becomes naturalized as a foreign citizen and obtains a divorce decree. The reckoning point is not the citizenship of the parties at the time of marriage, but their citizenship at the time a valid divorce is obtained abroad by the alien spouse capacitating the latter to remarry. (Philippines vs. Orbecido III, G.R. No. 154380, 5 October 2005).
2. Marriage is supposed to be forever. From an idealistic non-legal standpoint, the sole reason for marriage should be love; the kind of love that transcends time and withstands any impediments that life throws our way. From a legal perspective, on the other hand, no less than the Philippine Constitution (Art. XV, Sec. 2) and the Family Code (Art. 1) expressly characterize marriage as the foundation of the family and an inviolable social institution. The law states that it is a special contract of a permanent union between a man and a woman (sorry, same sex marriage is not yet recognized in the Philippines). It is inviolable. It is permanent. In short, you don’t think of divorce when you get married.
You may also want to read these related posts:
Annulment in the Philippines: Questions and Answers (Part 2) by Atty. Fred on June 27th, 2007
Effects of Foreign Divorce on Filipino Spouse by Joselito Basilio on November 7th, 2006
Annulment, Divorce and Legal Separation in the Philippines: Questions and Answers by Atty. Fred on January 11th, 2007
Robbie, that’s a very interesting question and perhaps we could post that separately so that the community members can discuss it.
Darlah, perhaps you may want to refer to this post:
https://jlp-law.com/blog/steps-procedure-in-annulment-declaration-nullity-of-marriage/
Coyote, please discuss the legal options with your retained counsel, as we could not dispense any legal advice here. The practical issue is this - if he is a foreigner and he is abroad, how will any judgment arising from a case filed here be executed? Good luck and God bless.
Does anyone know the outcome of Blu2luv? I am wondering about the situation were the filipino is shown as filing the divorce with the foreigner. we have a child (no previous children) and are hoping that our marriage may be recognized in the Philippines. my wife has divorced a Korean citizen. We are in Korea (I’m American). I’m sure this will be important for a visa petition to the United States.
Hello Good Day,
I`m new here and i`m here to find the answers of the question I have for a year now.I was married with a foreigner way back June 8, 2005 here in Cebu,Philippines.He stop supporting me and he don`t email me for a year now.I found out with some sources that his into 4 civil cases in the US and found also his out of financial support.I want to know what Legal steps I need to do.
Thanks..
hi!
I got married 10 years ago and been separated for 8 1/2 yrs. I would like to file an annulment only to find out that he is now out of the country. But his parents still leaves at the same address. My question is how is this going to affect the process of annulment?
Atty Fred,
good day! if a foreigner marries a filipina here in the philippines and then files a divorce in the US, is he still allowed to marry again here in the philippines to another filipina? and is the 2nd marriage recognized valid under philippine laws?
thanks to so atty!
-robbie
Karen,
Petitions for annulment between Filipinos, or those initiated by the Filipino spouse (in a marriage between a Filipino and a foreigner) may only be filed here in the Philippines. Good luck and God bless.
hi sir. good day. i’m karen 24 yrs old. presently working in kuwait. i got married sept 2001 at the age of 18. after a year his mom took my husband here in kuwait to work. first year was ok sending text messages everyday, calling. but after a year everything change. communicating only after 2 -3 months and eventually we had lost our communication for almost 6 months. then something happened, his mom called me and told me that he was caught by policeman for illegal drugs and ask me if i wanted to see him here.( he stayed here for more than 3 yrs before i came, but they only took me when he is already in prison) so i came here oct 2005 and decided to work while waiting for courts decision. he was sentenced to 5 yrs imprisonment on illegal drugs. luckily after almost 2yrs of imprisonment he was pardoned and sent back to philippines. we communicate through phone and things are entirely different now and we are having a lot of difficulties understanding each other. his attitude is somewhat different from what i had known him before. saying bad things if im not able to send money inside the prison, telling crazy things and accusations. with the mother in law doing certain things that is really against my will. it was last january when we decided to be on a separate ways, though we haven’t talk in person since we never had a chance here. we’re in good terms now. he’s back in the philippines. i have found a new muslim foreign partner in life recently and offering me a marriage. i just wanna know atty if its posible for me to remarry again? and can i file annulment here in kuwait? i heard his mom is planning to take him here on december, will it be easier if we’re both here? thank you so much. pls help me. ..
Suzanne, the procedure is properly the subject of the proper state law, wherever the proceedings for divorce was filed in the U.S.
Atty. Fred,
Im a filipina 33 years old. married in foreigner muslim since 1994 in Manila.We have 3kids.But after 6years of our married we got problems and decided to divorce.but i really dont know where and how to start.maybe i need an atty.who proctice divorce law? but i dont know were to find…
please i really need your help and advice. thank you… God bless…
Atty. Fred,
My dad is in the US for years now. My parents never legally separated but my dad just left to work abroad. Now, my mom received divorce papers which is signed by my dad but not his lawyer. He’s pressuring my mom to sign it. Does she need to sign it for the divorce to be effective? I think my dad is became naturalized but he never admitted it to us. We even received another court document saying that my mom needs to reply within 30 days or else she’ll get sued! This is just ridiculous… Is this valid?