Legal Dynamics: Citizenship and Divorce

Discussions are welcome in the Forum. As more subjects here are discussed by the readers, the interaction of one topic with another (or between related laws) results to a legal melting pot, enriching the pool of topics to choose from.

For instance, we have discussed (“Divorce and Annulment in the Philippines“) that a Filipino – wherever he/she may be located in the world – is governed by Philippine laws on marriage. This means that while he/she can secure a divorce outside the Philippines, such divorce is NOT recognized in the Philippines. The same article also contains a discussion on the effect of losing Filipino citizenship vis-a-vis divorce. If a Filipino is naturalized as a foreign citizen and, in the process, loses his/her Filipino citizenship, such former Filipino can validly seek a divorce abroad and the divorce is recognized in the Philippines. In other words, after complying with the procedure in having the foreign decree of divorce judicially recognized (through a court action) here in the Philippines, the Filipino spouse may validly remarry.

Then came the new law (Republic Act No. 9225) that allows former Filipinos to re-acquire or maintain their Filipino citizenship. Here are the issues:

If a Filipino secures a divorce BEFORE losing his/her Philippine citizenship by naturalization as a foreign citizen (the divorce is not valid under Philippine laws), will the subsequent loss of Philippine citizenship have any effect on the validity of the previous divorce? Will it make any difference if the foreign decree of divorce, validly secured by a former Filipino, is not judicially recognized here in the Phils. before that former Filipino re-acquires his/her Philippine citizenship?

On the other hand, what’s the effect of the re-acquisition of Filipino citizenship on the foreign decree of divorce previously and validly secured?

I already suggested that the law students who had been asking me for thesis topics can pick up this one…and maybe provide us with the abstract of the study =) In the meantime, let’s hear what’s on your mind.

69 thoughts on “Legal Dynamics: Citizenship and Divorce

  1. justin

    My girlfriend is married here in the phil with a foreigner. She got divorce in the usa. Can she get married here in the phil. Again? Thank you

  2. Boycn

    cAN i FILE A CLAIM FOR MYY EX’S RETIREMENT PAY OR DO i HAVE TO GO THROUGH THE COURTS WHO GRANTED MY DIVORCE. oR CAN i USE ANY STATES COURTS.I WAS MARRIED FOR 20 YEARS TO A MAN WHO ABUSED ME JUST PRIOR TO OUR DIVORCE AND TOLD ME THAT IF HE LOST MY RETIREMENT I WOULD GET NOTHING.THE ALABAMA JUDGE LISTED IT AS ALIMONYDUEE TO ALABAMA LAW I LOST IT IN 1006 BECAUSE i used a po boxas my mailading address and my fiacne used the same po box. It was a very small town with limadited po boxes so i had no choicei am now legally blind.… do i get his retireadments pay. He hit me in the face with a wall phone as he was leavading. He didn’t even tell me he was leavading thea0area.please help ‚e////I worked very litadtle while a miladiadtary wife and am entiadtled to half of his retirement.

  3. lolita

    hi, gusto ko lang po itanong kung paano magprocesso ng pag aaply ng annulment? pede po bang paki bigay sakin paano at saan pupunta? please po in order po if you don’t mind!! salamat po

  4. George B.

    Hello. I hope this thread is still active. ..

    A quick question. .. What if the foreign spouse is actually on dual citizenship status, I.e. a filipino-us citizen?

    Thank you!

  5. Maos

    Hi I have a boyfriend and we wanna get marry but the problem is he got divorced with his ex wife in the Philippines here in US when he still a Filipino citizen.He got divorced 2009 and had his naturalization 2010.Is his divorced valid in the Philippines?Can we get married without any problem and thinking about bigamy?

  6. April

    I’d like to consult about my parent’s confusing situation. My dad had a first marriage here in the Philippines with a naturalized Canadian citizen (Filipino at birth). They got married twice (one civil and one church) She filed a divorce about 5 years after their marriage. My dad was then a Canadian Citizen. He went back to the Philippines to marry my mom as he was given the capacity to marry from Canada, He did not however file any petition for the recognition of the foreign divorce. My mother is a Filipino citizen.

    Now, my parents are both dual citizen (Filipino-Canadian). They consulted a lawyer regarding their properties here in the Philippines. The said lawyer mentioned that their marriage is null and void as the divorce is not recognized here in the Philippines. In such event that my dad would pass away, his first wife and kids will have the rights to our properties. My sister and I would be considered Illegitimate and would get only about 30% while the first family gets 70%. My mom however has no right since their marriage will not be recognized. What would be the best thing to do?

  7. Lavinia

    Hi, i don’t know where to go because no articles have seemed to cover my situation- this is the closest i have seen. My husband is a dual citizen (US, PH), and when we got married, we made all his documents American so we won’t have any problems when it came to moving to the US. When we got our marriage certificate, his nationality says Filipino, because he was born in the Philippines- is this something that we need to take care of, or is it not really anything? We have heard different comments from different lawyers- and we don’t know which one to follow.

  8. Karrilyn

    Hi I got married in Philippines in year 2000 and we are still a Filipino citizen that time. my husband and I renounce our Filipino citizenship in year 2007 and we are now a citizen of Singapore. May I know what is the procedure in filling an annulment in Philippines? can we apply for a divorce in Singapore? will our marriage in Philippines be void after we get a divorce in Singapore? I found out that my husband is having an affair and he wants to file for an annulment.


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