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. Under the Civil Code, Philippine laws regarding family status follow Filipino citizens wherever they go.
Why Your Foreign Divorce Isn't Automatic in the Philippines
For those who were married in the Philippines and later divorced in the US, the foreign judgment does not automatically change your civil status at the Philippine Statistics Authority (PSA).
This process is rooted in Article 26 of the Family Code. Modern jurisprudence, specifically the Republic v. Manalo case, has clarified that even if the Filipino spouse initiates the divorce, it can still be recognized—provided one of the spouses was a foreign national at the time the divorce was granted.
Recognition Across Different Countries: Australia, Canada, and Japan
The same principles apply to other major countries.
Divorce in australia recognized in philippines : If you obtained a divorce in Australia, you must prove the validity of the Australian Divorce Order in a Philippine court.
Divorce in canada recognized in philippines : For Filipinos in Canada, the process involves proving that the divorce is final and effective under Canadian law.
Divorce in japan recognized in philippines : A divorce limited liability corporation philippines in japan recognized in philippines can include "divorce by mutual agreement" (Kyogi Rikon).
Can a Filipino File for Divorce Abroad?
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.
Moving Forward
Correcting your PSA records is a vital step for any Filipino wishing to move forward with their life and protect their future legal rights.