A second chance at LOVE: Recognition of a foreign divorce in the Philippines by Filipinos with foreign spouses
Be it for cultural or some other reason, marriages with foreigners have a greater chance of being severed
Published in Daily Tribune on February 12, 2021
by: Glorydee Comparativo
Not all marriages turn out the way people hoped they would.
The reality is that there are married people who wake up each day wishing to end their marriage.
More often than not, this is particularly true for marriages with foreigners. Be it for cultural or some other reason, marriages with foreigners have a greater chance of being severed.
What happens then to Filipinos whose foreign spouses divorce them and move on? While they too deserve a second chance at love, getting there may not be all sunshine and rainbows.
For Filipinos whose foreign spouses divorce them abroad, remarriage is predicated on legal processes that should be complied with.
The second paragraph of Article 26 of the Family Code provides that “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.” To fully realize the intent of this provision, the Supreme Court extended the scope of Article 26(2) to cover mixed marriages where the divorce decree is: (i) obtained by the foreign spouse; (ii) obtained jointly by the Filipino and foreign spouse; and (iii) obtained solely by the Filipino spouse.
While it is true that a divorce secured in a country that permits it is valid, such foreign divorce decree is not automatically recognized in the Philippines.
Many Filipinos who have been divorced by their respective alien spouses are unaware of this and mistakenly rush into a second marriage without satisfying the requirements of the law.
This can be a costly mistake and may expose the Filipino spouse to criminal liability.
To be able to legally remarry, the Filipino spouse must first have the foreign divorce decree judicially recognized by a Philippine court.
Absent this recognition, the Filipino spouse may not legally remarry or have his/her civil status administratively changed in the civil registry records.
This process involves filing a Petition for Recognition of Foreign Divorce before the Regional Trial Court having jurisdiction over the place of residence of the spouse filing the case.
One should seek the assistance of legal counsel for this purpose.
To support the petition, the petitioner should also prepare the marriage certificate/record, an official copy of the foreign divorce decree duly authenticated by the Department of Foreign Affairs, a certified copy of the foreign country’s divorce law, and proof of foreign citizenship of his or her spouse.
What happens then to Filipinos whose foreign spouses divorce them and move on?
All these will be needed to convince the Regional Trial Court that the foreign divorce decree sought to be recognized was secured from a country that permits divorce in accordance with the requirements of that country’s divorce laws.
Thereafter, the court’s favorable decision on the Petition shall be registered in the Local Civil Registry Office where the Court that rendered the decision is located (the “Registered Documents”).
The Registered Documents should then be filed with the Local Civil Registrar where the marriage is registered.
For marriages registered abroad, the Registered Document should be submitted to City Civil Registry Office at the Manila City Hall.
Finally, the annotated and Registered Documents shall be submitted to the Office of the Civil Registrar — General in Manila.
While the process may be trying, it should not deter the truly determined from pursuing a second chance to be happy.
