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Petition for Recognition of Foreign Divorce

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1 Petition for Recognition of Foreign Divorce on Sun Feb 17, 2013 8:11 pm

zelle82


Arresto Menor
Dear Atty,

I am so glad i found this website as I've been so confuse about this matter. Anyways, I am married to an American for almost 4 years now and had civil wedding here in PI and I'm living in PI now. He went back to US and things started to fall.. He's been in US for almost 2 yrs now and we decided just to end our marriage. He will gonna file divorce in US and told me he will gonna send me a copy after. From my understanding and from reading various websites that a foreigner can file divorce from his country. My concern are.. does it mean im free to re-marry? or i have to file it to the court first? how long does it take and how much does it cost??
And, does it mean my husband can re-marry again here in PI just only the divorce decree? or still need the Petition for Recognition of Foreign Divorce too?

I would really appreciate your reply.
Thanks..
God bless

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jd888


moderator
PI is Philippines Islands right? I personally do not encourage the use of this Abbreviation... Pinas or Pilipinas is more proper.

Anyway.

Although divorce by Filipinos is not recognized in the Philippines; divorce by the foreign spouse of a Filipino is recognized here.

Ever since the landmark Supreme Court ruling on Republic vs. Orbecido (G.R. No. 154380, October 5, 2005), recognition of divorce in the Philippines has been defined more clearly.

Under Art. 26 of the Family Code, it is stated:

“Art. 26. All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they are solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35(1),(4), (5), (6), 36, 37 and 38.

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 have capacity to remarry under Philippine law."

It is this second paragraph of Art. 26 that enables a Filipino spouse to remarry once his/her foreigner spouse obtains a divorce.

Alicia V. Sempio-Dy, in her book Handbook on the Family Code of the Philippines, explained the background behind the second paragraph of Art. 26:

“Under the second paragraph of the above Article, where a Filipino is married to a foreigner and the latter thereafter obtains a valid divorce abroad capacitating him or her to remarry, the Filipino spouse shall likewise have the capacity to remarry under the Philippine law.

The provision was not originally approved by the Civil Code Revision Committee but it was presented and approved at a Cabinet meeting after Pres. (Corazon) Aquino had already signed the Family Code as Exec. Order No. 209. Hence, the President promulgated another Executive Order No. 227-amending Art. 26 of the Code by including this provision as a second paragraph therein.

The idea of the amendment is to avoid the absurd situation of a Filipino as being still married to his or her alien spouse, although the latter is no longer married to the Filipino spouse because he or she had obtained a divorce abroad which is recognized by his or her national law.

The amendment will also solve the problem of many Filipino women who, under the Civil Code, are still considered married to their alien husbands even after the latter have already validly divorced them under their (the husbands) national laws and perhaps have already married again."

Prior to the Orbecido case, there was some debate on whether Filipinos who after becoming a naturalized citizen to another country (for example, USA) could apply this provision.

But in Orbecido, the Supreme Court ruled that:

"The reckoning point is not the citizenship of the parties at the time of the celebration of the marriage, but their citizenship at the time a valid divorce is obtained abroad by the alien spouse capacitating the latter to remarry."

In other words, what is important is that if the Filipino had changed his citizenship at the time the valid divorce is obtained, then the other Filipino spouse should be allowed to remarry.

" Nevertheless, we are unanimous in our holding that Paragraph 2 of Article 26 of the Family Code (E.O. No. 209, as amended by E.O. No. 227), should be interpreted to allow a Filipino citizen, who has been divorced by a spouse who had acquired foreign citizenship and remarried, also to remarry," said the Supreme Court.

There is a need for the Supreme Court to draft more specific rules on the recognition of a divorce decree. As it happens, a petition such as this is raffled among all the courts instead of to the Family Court only. Also, in the absence of more specific rules, judges are following the rule on nullity of marriage. One judge called the proceeding as a "mestizo" case because it falls under special proceedings while others consider it a civil case.

This remedy has become an alternative to filing a petition for nullity of marriage on the ground of psychological incapacity but it does not resolve the issue of properties between the husband and wife. The division of properties has to be subject to another proceeding, although joining this as an alternative cause of action is worth exploring.

Goodluck. Just remember the PI thing.


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attyjoyce


Reclusion Perpetua
zelle82

If your husband validly obtained divorce decree from his country, the implication is that you are allowed to remarry, provided you file first for petition for recognition of foreign divorce decree.

Filing a petition for recognition of a foreign divorce decree will depend on a case to case basis. Please take note that the divorce decree must be proven, just like any fact, in court. The presentation of the divorce decree is insufficient. Proof of its authenticity and due execution must be presented. This necessarily entails proving the applicable laws of the jurisdiction where the foreigner-spouse (who could be a former Filipino) is a national. One of the requirements under Article 26 of the Family Code of the Philippines is that the decree of divorce must be valid according to the national law of the foreigner.

In a petition for recognition, the court will require the presentation of expert witnesses who can (1) translate the divorce decree if it is written in a language other than English, or (2) testify on the law of the country where the divorce was granted.

It is important that the official divorce decree, which must be final and executory, and the applicable laws of the jurisdiction where the foreigner-spouse is a national must be authenticated.

We are handling a similar case and we charged eighty thousand pesos, running bill.

Yes, your husband can remarry and he just need an Affidavit of Eligibility to Marry from his embassy.

For more free legal information about family and marriage you may visit www.domingo-law.com

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mikiloveskimchi


Arresto Menor
dear atty. please help me po to understand our law, I am 25 years old filipina divorced with a korean national..we got married when i was 23 it was dated november 2010 after our marriage my ex-husband went back to korea and process my papers to go to korea..i went to korea on march20 2011 and when we are living together he acted different from a normal person can do. he do alot of bad things which I'm scared to fight because i don't wanna get hurt or die in a foreign land when he told me he want divorced i agree not knowing any kind of law due to what I'm experiencing at that time. as the process went on the korean government agreed in a very fast motion that our marriaged is already divorced which they just asked me in korean language(my ex-husband traslated to that the judge ask me if i know why we are there).so i simply said yes and the divorced paper is finished and done on july 2011...i came back in the philippines setember 2011 i filed a case petition of foreign judgement divorce last year january 2012 because I filed a petition for recognition of foreigne judgement here in the philippines...i have all the complete documents,authenticated in seoul philippine embassy.the copy of my divorced paper and the family registration and the korean divorced law....duely authenticated and traslated signed by municipal general in korean government and our philippine embassy in seoul.
in our law they said i can remarry due to my ex-husband's law can remarry as there is divorced law in korea.
but in my divorce decree it says mutually agree as due to i dont understand what im signing into i signed the paper in korea just to finish and be back in philippines safely. atty.my question is does the petition of foreign judgement of divorce is not applicable to me because i was divorced mutually agree? is that mean that i cannot have the chance to remarry as like my ex-husband rights? i want to have a second chance for mylife thats why i want to fix and clear my documents. my family is not rich and im not even a high school graduate. my case was on going until now and already got 3court hearings i dont understand even what is happening is it possible for me to clear all and remarry in the future again? i was desperate and not able to sleep everynight because of keep thinking about this things. please help me to be enlightened.I'm totally idiot for not knowing anything about law..all i want is to have a second chance and for me to be able to do that is to get my divorce in korea be recognize here...please help me what i need to do for me to be able to be happy and have a family of my own in legal way.



Last edited by mikiloveskimchi on Thu Mar 21, 2013 4:50 am; edited 1 time in total (Reason for editing : i forgot to put date of my divorce)

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attyLLL


moderator
miki, your lawyer owes it to you to EXPLAIN what is going on. you are paying for his services, and it does not speak well that you are seeking advice from the internet.

ask him how he will prove the existence of the foreign law, and what does the foreign law state.

i do not believe that a mutual agreement, by itself, will be sufficient to disallow your petition, but there are other info that can only be seen in the docs possessed by your own lawyer.


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6 thank you for your answer atty on Thu Mar 21, 2013 7:45 pm

mikiloveskimchi


Arresto Menor
thank you atty for answering my questions...i'm sorry if i'm seeking answer in internet since this the only way i know i could be enlightened i tried my very best to be informative so i could know what's going on...i talked to my lawyer via phone and i seemed not to understand everything so i found this site meaningful for me to ask questions since i was a little bit confused and depressed about what i read on the article about being mutually agreed in korean divorced...

-this is the article that i read on one of the internet sites that i found- and it leads me to my questions,confusions and dilemma.


5. What about a divorce for example in Singapore or Korea or Taiwan or Japan? I am told that in these countries, all the foreigner and the Filipino spouse have to do is go to the City hall, file the divorce papers and then get the divorce decree within the same day. I have not read a specific Supreme Court ruling on this situation, but my reading of Article 26 of the Family Code is that such a ”consensual” or “mutually-agreed upon divorce” will not be recognized here. The idea behind Article 26 is that the Filipino citizen is the aggrieved party, that is, the divorce action was filed against him or her by the foreigner-spouse. In a ”consensual” or “mutually-agreed upon divorce”, it cannot be said that the Filipino was the aggrieved party.

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attyLLL


moderator
what you read is an opinion on how to interpret art. 26. for me this is a gray area. what the supreme court has ruled upon is a situation where it was the filipino spouse who filed the petition for divorce, but there is yet no decision in a situation where it was a joint petition.

it will depend on your lawyer's skill and appreciation by the court whether the petition will be recognized.


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julian12


Arresto Menor
helo atty
Good day !
I have the same situation here, my husband now was previously married in the Philippines last 2008 here in the Phlippines at the time of his first marriage he is already a canadian citizen,(He is not a filipino by birth either). In 2012 he obtained his divorce from his first wife in canada and in january 2013 we got married without having a petition for recognition of foreign divorce. We got married still here in the Philippines, My question is that, my marriage to my husband is legally valid here in the Philippines?please help me,

A huge thanks...

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attyLLL


moderator
imo, your marriage is valid. however, this is not a settled question.


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julian12


Arresto Menor
imo, your marriage is valid. however, this is not a settled question.

Atty thanks for your quick response.. what does it mean? Infact my hubby is now sponsoring me(spousal sponsorship)in canada, our papers are already in the CEM. Do we need to worry about that recognition? I am a bit nervous po.. please enlighten me.. Your response is highly appreciated and it will really give me a big big help.

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11 Re: Petition for Recognition of Foreign Divorce on Thu Sep 19, 2013 10:00 am

julian12


Arresto Menor
Please atty. I need your reply to my query.. A huge thanks and more power

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12 Re: Petition for Recognition of Foreign Divorce on Sat Sep 21, 2013 11:56 am

attyLLL


moderator
it means that unless someone files a case to have your marriage declared invalid, it will presumed to be valid


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AWV


Reclusion Perpetua
Don't get confused he is not a Filipino therefore he is not covered with Philippine law and now that he is divorce, he is free to remarry again. His marriage to you is valid and he is not a bigamist because he did not wait for the recognition of his divorce to his first Filipina wife. She on the otherhand is the one who need to wait for the recognition of her divorce to him before she can remarry.

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julian12


Arresto Menor
AWV wrote:Don't get confused he is not a Filipino therefore he is not covered with Philippine law and now that he is divorce, he is free to remarry again. His marriage to you is valid and he is not a bigamist because he did not wait for the recognition of his divorce to his first Filipina wife. She on the otherhand is the one who need to wait for the recognition of her divorce to him before she can remarry.

Thanks so much po atty AWV.. Now I am relieved. I really thought that even he was not covered with the Philippine law (because he is not a filipino by birth) he still needed to acquire that petition for recognition of foreign divorce for us that our marriage be legal and valid since his first marriage was solemnized here in the Philppines and we dont have divorce here po.

Now I know that the one who needs that petition for recognition of foreign divorce is the former spouse of the foreigner..am i right po? Thanks so much po..

I just sent you pm again atty..

Sorry for being so 'MAKULIT " annoying ha..

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AWV


Reclusion Perpetua
Submit the divorce authenticated copy to NSO and tell them that he is Canadian and married twice in the Philippines but he was divorce before marrying you. All they will do is put it together on your file for future reference. The first Filipina wife has to file this divorce papers as well for her divorced to be recognised. This is not your business as he is a free man in his country when he divorced her and marry you.

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julian12


Arresto Menor
AWV wrote:Submit the divorce authenticated copy to NSO and tell them that he is Canadian and married twice in the Philippines but he was divorce before marrying you. All they will do is put it together on your file for future reference. The first Filipina wife has to file this divorce papers as well for her divorced to be recognised. This is not your business as he is a free man in his country when he divorced her and marry you.
Sir,He submitted his original divorce decree when he submitted our papers to Canada,because they required an original one. So now our papers is already forwarded to CEM (canadian embassy manila). This recognition of divorce really bothers me a lot but now I am relieved because of your response.. Thanks so much for your help Sir. Now I could breath well..

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attyLLL


moderator
imo, the recognition of divorce has to be filed in court. the Supreme Court already instructed the NSO not to annotate foreign divorce without a court order


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julian12


Arresto Menor
AWV wrote:Submit the divorce authenticated copy to NSO and tell them that he is Canadian and married twice in the Philippines but he was divorce before marrying you. All they will do is put it together on your file for future reference. The first Filipina wife has to file this divorce papers as well for her divorced to be recognised. This is not your business as he is a free man in his country when he divorced her and marry you.
thank you very very much po..

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19 Re: Petition for Recognition of Foreign Divorce on Thu Oct 03, 2013 11:53 am

julian12


Arresto Menor
AWV wrote:Submit the divorce authenticated copy to NSO and tell them that he is Canadian and married twice in the Philippines but he was divorce before marrying you. All they will do is put it together on your file for future reference. The first Filipina wife has to file this divorce papers as well for her divorced to be recognized. This is not your business as he is a free man in his country when he divorced her and marry you.
Sir thanks so much. I am totally relieved when I read your reply, I had that questions in my mind since after we got married. I really thought that My marriage to my husband is void since I am just his second wife. I really thought that he should have filed first that recognition before contracting marriage to me, I have encountered so much people and they just added my burden, most of them telling that my marriage is void and so on and so fort because my husband is still considered married to his ex wife because their first marriage was also here in the Philippines., Thanks GOD I found this forum, I have been very grateful to you Sir, for enlighten my mind and really give me knowledge about my case...
Since January I haven't had a good sleep, after I read your reply I could have a good sleep.. thanks po tlga.

In fact I am waiting for the approval of my papers in CEM.

More power to you and God bless us

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20 Re: Petition for Recognition of Foreign Divorce on Thu Oct 03, 2013 12:04 pm

julian12


Arresto Menor
attyLLL wrote:imo, the recognition of divorce has to be filed in court. the Supreme Court already instructed the NSO not to annotate foreign divorce without a court order
hello po atty, so what does it mean? Do we still need this or just my husband's previous wife has to do it?...I am starting to get confused again.. sorry po.

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AWV


Reclusion Perpetua
His previous wife has to do the filing and as AttyLLL said nowadays, she need a judge to process it. Your husband is not Filipino therefore his marriage to you is valid and he has got nothing to do with the Philippine law and documentation as he is Canadian.

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totolan1208


Arresto Menor
Hi atty,
When filing the petition, does it need to have an appearance in the court of the petitioner? I have same situation and plan to apply for a petition but unfortunately, I am working here in Canada.
Additionally, how is the average fee and normal duration of the process.


Regards

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totolan1208


Arresto Menor
attyLLL wrote:imo, the recognition of divorce has to be filed in court. the Supreme Court already instructed the NSO not to annotate foreign divorce without a court order

Hi Atty,

Doe it need to have an appearance for the petitioner when filing ??this has similar case with me and planning to apply for a petition but unfortunately I am working in Canada.

Just for further info, my ex is also in Canada and also married to other person here. \unfortunately, I want to remarried my partner in the Philippines where I have 2 kids from and bring them over to Canada.

Thanks

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totolan1208


Arresto Menor
Hi Atty,

I really need your response, please help me.

I am a naturalized Canadian Citizen and been divorced to a Filipina (currently married also in Canada). We did our marriage in the Philippines actually way back 2008. Problem is, I have a partner in the Philippines and try to marry here, should I be bound of the Philippine Law and needs to have a petition of recognition of my foreign divorce as my current nationality is Canada?

I really need your response.

Thank you very much

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totolan1208


Arresto Menor
AWV wrote:His previous wife has to do the filing and as AttyLLL said nowadays, she need a judge to process it. Your husband is not Filipino therefore his marriage to you is valid and he has got nothing to do with the Philippine law and documentation as he is Canadian.

Good info, but how about if he is a naturalized Canadian citizen which was previously married in the Philippines and got his divorce order during his citizenship. Moreover, he wants to re-marry again in the Philippines. Does he need to apply for a petition for recognition of his foreign divorce?? For info, the ex is in Canada and also currently married to another guy.

regards

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