Foreigners in the Philippines: Legal Protections in Marriage and Divorce

Dear Attorney,

I am a foreigner currently living in the Philippines, and I am contemplating getting married here to a Filipino citizen. I’ve heard that Philippine laws can be quite strict regarding marriage and divorce, especially for foreigners. Could you kindly clarify what protections, if any, I would have if I got married in the Philippines? Additionally, are there any special considerations I should be aware of regarding divorce or annulment, as I understand that divorce is not fully recognized in the country? I want to make sure I fully understand my legal standing before proceeding.

Sincerely,
A Concerned Foreigner

Insights

Foreigners who wish to marry in the Philippines must understand that Philippine laws, particularly on marriage and divorce, can be quite different from other countries. Under Philippine law, marriage is regarded as a permanent union, and the country does not generally recognize divorce for its citizens. However, there are specific legal protections and pathways for foreigners.

1. Marriage in the Philippines:
   Foreigners can legally marry in the Philippines, provided they comply with the necessary legal requirements. This includes securing a Certificate of Legal Capacity to Contract Marriage from their embassy or consulate. This document confirms that the foreigner is legally allowed to marry under the laws of their home country. Additionally, the couple must attend pre-marriage counseling and submit the necessary documents to the local civil registrar. Marriage in the Philippines is governed by the Family Code of the Philippines, which applies equally to Filipinos and foreigners.

2. Divorce and Annulment:
   The Philippines does not recognize divorce for its citizens. However, foreigners may file for divorce in their home country, and this can be recognized in the Philippines under specific conditions. Article 26 of the Family Code provides that if a foreigner obtains a valid divorce abroad and this allows them to remarry in their country, the Filipino spouse can also remarry under Philippine law. This provision provides some relief in cases where a marriage between a Filipino and a foreigner breaks down.

It’s important to note that this exception only applies if the divorce was obtained by the foreigner. A Filipino spouse cannot file for divorce in the Philippines, though annulment remains an option. Annulments in the Philippines are complex, often costly, and involve proving that the marriage was void from the start due to reasons such as psychological incapacity or fraud.

3. Foreign Divorce and Recognition:
   If a foreigner obtains a divorce from their Filipino spouse in their home country, the divorce must be judicially recognized in the Philippines for it to have legal effect. This involves a legal process in Philippine courts, which may require the presentation of authenticated documents and proof that the divorce was valid under the foreigner’s national law. Once the Philippine court recognizes the divorce, both parties are free to remarry.

4. Prenuptial Agreements:
   Foreigners may also want to consider entering into a prenuptial agreement before marriage. Under Philippine law, a prenuptial agreement is valid if it is made in writing and signed by both parties before the marriage. This can be an essential legal safeguard, particularly regarding property rights. Without a prenuptial agreement, the default property regime for marriages is absolute community of property, meaning that all assets acquired before and during the marriage are owned jointly by both spouses.

5. Implications for Property Ownership:
   One of the most significant legal concerns for foreigners marrying Filipinos is property ownership. Under Philippine law, foreigners cannot own land. However, a foreign spouse can own up to 40% of a condominium unit, while the Filipino spouse may own land. If the couple does not have a prenuptial agreement, and the marriage is governed by absolute community of property, there may be challenges in determining asset division if the marriage ends, particularly concerning the foreigner's ability to claim ownership over certain properties.

Key Takeaways for Foreigners:

• Foreigners can legally marry in the Philippines but must secure a Certificate of Legal Capacity from their embassy.
• The Philippines does not recognize divorce for its citizens, but a foreigner’s divorce from a Filipino spouse can be recognized in the Philippines under certain conditions.
• Annulments are an option, but the process can be lengthy and complex.
• Prenuptial agreements are valid and may help protect a foreigner’s assets.
• Foreigners cannot own land in the Philippines, but they can own up to 40% of a condominium unit.

Understanding the nuances of marriage and divorce laws in the Philippines is essential for foreigners considering marriage. It is highly recommended to consult with a local attorney before proceeding to ensure compliance with legal requirements and to protect your rights.