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Inquiry:

XX, a Filipina, and YY, an American, got married abroad in a civil ceremony. After two years of marriage, the couple decided to separate citing irreconcilable differences as the reason. TW filed for divorce before the US Courts, which was eventually granted. MM wants her divorce to be recognized in the Philippines so that she can remarry. What should MM do?

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Answer:

Based on the Family Code of the Philippines, Filipinos are bound by laws relating to marriage, even if they are residing abroad. As a result, Filipinos cannot automatically dissolve their marriages in the Philippines through divorce obtained abroad. 

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Notwithstanding this, the Supreme Court acknowledges that a foreign divorce decree obtained by either a Filipino spouse or a foreign spouse will be recognized in the Philippines, provided it has been duly recognized by Philippine courts. Furthermore, the Supreme Court affirms that this rule also applies to foreign divorce decrees issued by an administrative tribunal. In any case, it is crucial that the divorce is valid under the foreign spouses’ national law.

In the case of XX, she can file a verified Petition for Recognition of Foreign Divorce Decree before the Regional Trial Court having jurisdiction where the local civil registrar concerned is located. The petition aims to have the effectivity of her divorce decree recognized by the court. Accordingly, XX has the burden of proving that the decree was validly obtained based on Philippine Rules on Evidence. XX may attach to her petition copies of the following documents:

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1. Certificate of Marriage;
2. Report of Marriage of a Filipino Married Abroad filed before the Department of Foreign Affairs; 
3. Duly authenticated copy or certified true copy of the foreign divorce order or decree issued by the US Court;
4. Proof of citizenship;
5. Proof of residence; and 
6. Proof that her spouse is allowed to remarry under the US law.

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Certainly, Filipinos who were divorced abroad must file a verified petition to be recognized as legally capacitated to remarry under Philippine law.

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Disclaimer: This article is for informational purposes only and should not be considered legal advice. For specific guidance in the recognition of a divorce obtained outside the Philippines, consult with a legal professional.

‍Padin & Partners Law Offices is a full-service law firm based in Cebu City, Cebu Philippines, that offers legal services such as assistance in filing a verified Petition for Recognition of Foreign Divorce Decree in Cebu City, Cebu, Philippines. For consultations: book an appointment or reach us at +63 (32) 316-1540 or +63 917 188 0361.