Query: Is it possible to revert back to my maiden name if I get a divorce overseas and legal separation in the Philippines?
Under Philippine law, a married woman has the option to revert to her maiden name in certain circumstances. The specific legal scenarios where this is possible include the death of the husband, annulment of the marriage, declaration of nullity of the marriage, or recognition of a valid divorce decree【7†source】【11†source】.
However, if a woman undergoes legal separation, she will continue to use the name and surname she employed before the legal separation. The use of the husband's surname continues even after legal separation since the marital bond persists【6†source】.
For a woman who has married a foreign national and secured a divorce abroad, it is possible to revert to her maiden name after filing a case for recognition of foreign divorce in the Philippines【5†source】. The same applies to women who have divorced a Filipino spouse while living abroad.
Additionally, legislation such as House Bill No. 6082, known as the "Reversion to Maiden Name Act," seeks to streamline the process for women to revert to their maiden name after certain events such as nullity of marriage, divorce abroad, or legal separation【9†source】.
Changing one’s name in the Philippines does not usually require a judicial process in the case of marriage or the end thereof, as the law already provides for this change【6†source】. However, there are certain exceptions where reverting to the maiden name is obligatory, particularly in cases where the woman is the guilty party in an annulment or if the court decrees the use of the maiden name【6†source】.
It’s important to note that, while the Philippine Passport Act allows married women to use their maiden names, once they have adopted their husband's surname in their passport, they may only revert to their maiden name in specific instances【11†source】. These include:
- Death of the husband,
- Divorce,
- Annulment, or
- Nullity of marriage.
Therefore, if you have obtained a divorce overseas or undergone legal separation in the Philippines, you have legal grounds to revert to your maiden name, depending on your specific circumstances.