The legal landscape of marriage and its dissolution for Filipinos living overseas is often complex and filled with questions.
Many Filipinos find themselves in a situation where they were married in the Philippines but later obtained a divorce in the US. Under the Civil Code, Philippine laws regarding family status follow Filipino citizens wherever they go.
The Critical Requirement: Judicial Recognition
To be legally considered "single" and free to remarry in the Philippines, a petition must be filed in a Philippine Regional Trial Court.
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.
Recognition Across Different Countries: Australia, Canada, and Japan
The same principles apply to other major countries.
Australian Divorce Recognition: Australian "no-fault" divorces are recognizable, but you must submit an authenticated copy of the decree and limited liability corporation the relevant Australian law.
Canadian Divorce Recognition: For Filipinos in Canada, the process involves proving that the divorce is final and effective under Canadian law.
Japanese Divorce Recognition: You will need to provide the Koseki Tohon (Family Registry) showing the divorce, duly apostilled and translated.
Filing for Divorce as a Filipino Citizen
A common question is: can a filipino file divorce abroad? However, for that divorce to be recognized in the Philippines, at least one of the spouses must have been a foreign citizen (or a naturalized citizen of that foreign country) at the time the divorce was finalized.
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.