Beyond the breakup
For many Filipinos in mixed marriages, obtaining a divorce with a foreign spouse often brings confusion and a lack of clarity with regard to their marital status. While a Filipino is already considered divorced abroad, back home in the Philippines—where there is no divorce—he or she may still be legally married in the eyes of the law. It leads them to question whether they are considered single or married.
This legal limbo with regard to marital status can prevent Filipinos from moving on, remarrying, or settling property issues. However, Philippine law has evolved significantly to bridge this gap.
Through a process called Judicial Recognition of Foreign Divorce Decree, Filipino citizens can now have their foreign-won freedom legally acknowledged on Philippine soil.
Recognizing foreign divorce in the Philippines
To put it simply, judicial recognition of a foreign divorce decree is the process of having the judgment of divorce obtained in another country recognized in the Philippines. Filipinos who have obtained a foreign divorce must undergo this process in the Philippines before they can legally remarry.
For context, a divorce between a foreigner and a Filipino may be recognized in the Philippines as long as it was validly obtained abroad according to the foreigner’s national law. This finds its basis in Article 26, paragraph 2 of the Civil Code, which provides:
“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 likewise have capacity to remarry under Philippine law.”
For years, this was interpreted strictly—only the foreign spouse could file for the divorce. This resulted in the absurd situation where Filipinos remain married to a foreigner who is already divorced.
However, in the landmark case of Republic vs. Manalo (G.R. No. 221029, 24 April 2018), the Supreme Court clarified that it no longer matters who filed the divorce, whether it is the Filipino or the foreign spouse. This gives the Filipino spouse more autonomy in obtaining a divorce as well as having it recognized in their home country.
Requirements for recognition
As for the requirements for the judicial recognition of a foreign divorce decree, Republic vs. Kikuchi (G.R. No. 243646, 22 June 2022) provides that the Filipino seeking to have their divorce recognized in the Philippines must sufficiently prove two things: first, the fact of divorce, and second, the foreign law allowing divorce.
The documentary evidence to be presented is copies of the foreign law on divorce as well as the foreign judgment of foreign divorce, which must both be authenticated through the Apostille. This is especially important, given that without judicial recognition of a foreign divorce, a second marriage by a Filipino could be considered bigamous, leading to criminal charges and the nullity of the new union.
As the Philippines continues to debate a domestic absolute divorce bill, the recognition of foreign divorce decrees remains the most vital lifeline for those seeking a fresh start after a mixed marriage ends.
Author’s note: This is just part one. Next week, I’ll be writing about the process behind the Correction of Entries in relation to judicial recognition of the foreign divorce decree.
