Divorcing in the Philippines
Reaching the decision to seek divorce can be hard. Filing the papers as an expat in the Philippines can be as taxing since a good grasp of legislations is needed and the process can prove to be tedious.
Where and how do you apply for a divorce in the Philippines? How long does it take for the process to be completed?
If the couple has children, which measures can be taken in order to protect their interests?
Which procedures should be completed so that the divorce is legally recognized in the country of origin?
How is divorce viewed in the Philippines?
Being away from one's home country and loved ones, what advice do have for staying strong emotionally and mentally in this situation?
Thanks for sharing your experience.
Diksha
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ABS-CBN News
Posted at Apr 24 2018 04:16 PM | Updated as of Apr 24 2018 05:44 PM
MANILA (UPDATE) - Filipinos divorced in other countries are allowed to remarry under Philippine law, the Supreme Court said Tuesday.
Voting 10-3, magistrates of the high court ruled that a divorce obtained by a Filipino citizen against a foreign spouse overseas is valid in the Philippines.
In the case of Marelyn Tanedo Manalo, the court noted Article 26 (2) of the Family Code which 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 the capacity to remarry under Philippine law."
Supreme Court spokesperson Theodore Te said prior to Tuesday's ruling, a divorce abroad is only considered valid here in the Philippines when it is initiated by the foreign spouse.
Magistrates who dissented were Mariano del Castillo, Estela Perlas-Bernabe, and Alfredo Benjamin Caguioa.
Associate Justice Francis Jardeleza refrained from voting due to his previous participation in the case as Solicitor General, while Chief Justice Maria Lourdes Sereno is still on leave, Te said.
In the case at hand, a lower court had ruled that the above-stated provision of the Family Code did not apply in the case because it was the Filipino spouse that initiated the divorce.
But the Court of Appeals overturned the decision, holding that Article 26 of the Family Code applies even if it was the Filipino spouse who filed for divorce against the foreign spouse because the decree obtained makes the foreigner no longer married to the Filipino, enabling the foreigner to remarry.
The appellate court held that it would be unjust to consider the Filipino still married to the foreigner who is no longer considered married to the Filipino.
The Supreme Court sustained the appellate court's ruling.
The Philippines and the Vatican remain as the only states in the world where divorce is outlawed. Annulments are legal in the Philippines, but the process is costly and could take years.
Many Filipinas are actually legally married, but they might not inform you of this at first, for several reasons. The ex may still be lurking in the background (which can be very dangerous from both a physical and legal standpoint), or they know that a foreigner will probably not proceed if he knows an annulment will be required. I encourage everyone to make sure you know the status of the woman you are getting involved with. One way to check is to ask to see their CENOMAR (Certificate of No Marriage), available from any local NSO office, however it is relatively easy to have these faked.
Slowly slowly.
Cheers, Steve.
It is unfortunate when the reasons for marriage nolonger hold two people together. The only thing worse is not accepting the marriage has died and letting it go.
True victums are the children from the broken marriage and those that come after by the now seperately living adults. It is the duty of all governments to care for their people not condemn them to a choice of loneliness or illegal acts.
I am incouraged that there are movements that are looking at the current laws with a desire to make this issue less cruel.
Now since the catholic religion has such a strangle hold on religion, many many marriages are common law, which has no legality in the Philippines. So a nation of bastard children. Many siblings having different fathers or mothers.
It's strange, a nation of religious people forced to live in sin or is a nation of hypocrites who hide behind religion who are good catholics?
With many unrecorded marriages from overseas living in the Philippines, a marriage certificate is worthless. Forget about it as it never happened. It is really a big mess which benefits no one.
America (even California) had many cultural values helping to shape its laws.
Easy ways are mostly not good ways to do things.
speedy1204 wrote:hello. i never ask about a devorce in the philippines. me and my wife are still vtery much in love. so please next time make sure u address the right person. thank you
🤣 you are strange you never participated to this conversation, it is your first post 🤣
Then they tell the attorney she is seeking an annulment because they are already living together and have a kid or kids but her family are very unhappy because she is living in sin and they are very religious, so the family are going to try to help her pay for the annulment. Although it will not speed up the process it can be surprising the difference in price.
mharrich wrote:The following webpage address has very good information about how to get your foreign divorce recognized in the Philippines. The information is comprehensive and well written. You can even ask general questions if you have any. Anyway there is a lot of good information there for all the read,. Â
Are you sure that Web Page is accurate and up to date...I feel it is not..
I did and have registered the divorce with the Manila Civil Registry...Did you have to take any further steps to facilitate legally remarrying?
Basically want to know if you had any difficulties in remarrying and recording it with PSA
Diksha wrote:Hello everyone,
Reaching the decision to seek divorce can be hard. Filing the papers as an expat in the Philippines can be as taxing since a good grasp of legislations is needed and the process can prove to be tedious.
Where and how do you apply for a divorce in the Philippines? How long does it take for the process to be completed?
If the couple has children, which measures can be taken in order to protect their interests?
Which procedures should be completed so that the divorce is legally recognized in the country of origin?
How is divorce viewed in the Philippines?
Being away from one's home country and loved ones, what advice do have for staying strong emotionally and mentally in this situation?
Thanks for sharing your experience.
Diksha
No divorce in the Philippines!
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