Recognition of Foreign Divorce in the Philippines

Is divorce obtained in Australia recognized in the Philippines if the marriage was solemnized in the Philippines?

In the Philippines, the recognition of foreign divorces is governed by both domestic laws and international principles. Here’s a comprehensive guide on whether a divorce obtained in Australia can be acknowledged in the Philippines.

Legal Framework in the Philippines

1. Philippine Family Code:

   • Under Article 15 of the Philippine Family Code, Philippine laws relating to family rights and duties, or to the status, condition, and legal capacity of persons, are binding upon Filipino citizens even though living abroad.
   • Article 26 of the Family Code provides a significant provision for mixed marriages (between a Filipino and a foreigner). It states that if a marriage between a Filipino and a foreigner is validly celebrated and a divorce is thereafter obtained abroad by the alien spouse, which allows the latter to remarry, the Filipino spouse shall also have the capacity to remarry under Philippine law.

2. Supreme Court Rulings:

   • The Philippine Supreme Court has interpreted Article 26 to mean that it is only the Filipino spouse who is granted the capacity to remarry in the Philippines if a divorce is obtained abroad by the foreign spouse. This provision does not apply if both spouses are Filipino citizens at the time of the divorce.

Divorce in Mixed Marriages

1. Divorce Obtained by the Foreign Spouse:

   • If a Filipino is married to an Australian, and the Australian spouse obtains a divorce in Australia, the Filipino spouse can remarry under Philippine law. The foreign divorce must be recognized through a judicial process in the Philippines.

2. Judicial Recognition of Foreign Divorce:

   • The Filipino spouse must file a petition for judicial recognition of the foreign divorce decree in the Regional Trial Court of the Philippines.
   • The court process involves proving the validity of the divorce decree under Australian law and its effects on the marital status of the Filipino spouse.

3. Required Documents:

   • Authenticated copy of the foreign divorce decree.
   • Official translation of the decree if it is not in English.
   • Certificate of finality of the divorce.
   • Applicable Australian laws on divorce, authenticated and translated if necessary.

Divorce Between Filipino Spouses

1. Divorce Obtained by Both Filipino Spouses:

   • If both spouses are Filipino citizens, a divorce obtained in Australia (or any other foreign country) will not be automatically recognized in the Philippines. Philippine law does not generally recognize divorces between Filipino citizens obtained abroad.
   • In this scenario, the marriage remains valid under Philippine law, and both parties are still considered married.

2. Legal Separation and Annulment:

   • Filipino spouses seeking to dissolve their marriage must resort to legal separation, annulment, or declaration of nullity of marriage under Philippine law.
   • These are the only judicial remedies available to terminate a marriage between Filipino citizens in the Philippines.

Conclusion

Divorce obtained in Australia is recognized in the Philippines under specific conditions, primarily involving mixed marriages where the foreign spouse initiates the divorce. Filipino citizens married to each other cannot obtain a valid divorce abroad that will be recognized in the Philippines. For the Filipino spouse in a mixed marriage, judicial recognition of the foreign divorce is necessary to remarry legally in the Philippines. For Filipino couples, the dissolution of marriage must be pursued through legal separation, annulment, or nullity proceedings within the country.