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Divorce in the US - considered under Philippine Law?

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ddh_4


Arresto Menor
In case where a US citizen married a local here in the Philippines but then filed for a divorce in the US. Will that be considered legal and binding under the Philippines law? Does that dissolve the marriage contracted by couples?

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clanwolf


Arresto Menor
No, divorce is not allowed in the Philippines. However, there are certain instances wherein the divorce secured abroad by the foreigner-spouse, and even by former Filipinos, are recognized under Philippine laws.
on Article 26 of the Family Code second paragraph of Article 26 is applied:
1.There is a valid marriage that has been celebrated between a Filipino citizen and a foreigner; and
2.A valid divorce is obtained abroad by the alien spouse capacitating him or her to remarry.
The existence of a valid divorce decree, however, does not automatically entitle the Filipino to remarry in the Philippines. The foreign divorce decree must be judicially recognized in the Philippines. This means that the proper action or petition must be filed in a Philippine court. For purposes of re-marriage, the divorce validly secured abroad is not automatically recognized here in the Philippines.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 is that the decree of divorce must be valid according to the national law of the foreigner.

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ddh_4


Arresto Menor
What petition should be filed at the court for the divorce decree to be recognized and for the couples to be able to remarry here in the Philippines? Is annulment still needed?

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clanwolf


Arresto Menor
petition for judicial recognition of a foreign divorce decree. Annulment is always an option if the circumstances of the marriage fall under the grounds for annulment/declaration of nullity, then the marriage could still be annulled or declared null and void from the beginning.

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ddh_4


Arresto Menor
If and when the couple wasn't able to file petition before the court to recognize the existence of a valid divorce or even can't file annulment, just in case where the foreign spouse spouse is already back in the states, how can the Filipina wife impose the spousal and child support from the foreign spouse?

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attyLLL


moderator
i would take the position that if the foreigner's government certifies that he has the legal capacity to marry, then that is presumed to be correct and he should be allowed to marry. for US citizens, it would be better if they can get the certification from their home state. the embassy here does not issue one.


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