Getting a Divorce Abroad Recognized in the Philippines

When Article 26 Applies

The second paragraph of Article 26 of the Family Code covers a valid marriage between a Filipino citizen and a foreigner. If a valid divorce is later obtained abroad that allows the foreign spouse to remarry, the Filipino spouse can also remarry under Philippine law.

In Republic v. Manalo (G.R. No. 221029, 24 April 2018), the Supreme Court held that the law does not require the foreign spouse to be the one who started the divorce. A divorce obtained by the Filipino spouse against the foreign spouse can also be recognized.

The Supreme Court has also applied Article 26 where both spouses were Filipino at the wedding but one later became a citizen of another country and then obtained a divorce. What matters is the foreign spouse's citizenship when the divorce was obtained.

Article 26 does not cover a divorce between two Filipinos who were both still Filipino when they divorced abroad. Philippine law does not recognize that divorce for them. If that is your situation, see annulment and legal separation.

Divorce between Muslims under Presidential Decree No. 1083, the Code of Muslim Personal Laws, is a separate system handled by the Shari'a courts.

Why You Need a Court Case

Philippine courts do not automatically accept (take judicial notice of) foreign laws or foreign court decisions. A foreign divorce decree has no effect on the Philippine civil registry until a Philippine court recognizes it. Until then:

• your PSA Marriage Certificate still shows you as married;
• the PSA will not issue a CENOMAR showing you as free to marry;
• a new marriage in the Philippines could be void (invalid from the start) and could expose you to a bigamy case.

The Supreme Court has said the recognition can be asked for in a petition under Rule 108 of the Rules of Court (cancellation or correction of entries), together with the rules on foreign judgments. Where you file (the venue) matters: the petition is filed in the Regional Trial Court of the province where the civil registry that holds the marriage record is located. The civil registrar and everyone with an interest, including the foreign spouse, must be named in the case. The government, through the Office of the Solicitor General, takes part.

What Must Be Proven

The Supreme Court has repeatedly said that the person asking for recognition must prove two things as facts:

1. The divorce decree itself. A copy of the foreign judgment or Certificate of Divorce, certified correct (attested) by the officer who keeps the record, and properly certified for use in the Philippines.
2. The foreign law. The law of the country that granted the divorce, showing that the divorce was validly obtained and that it lets the foreign spouse remarry. A copy of the law itself is needed, certified in the same way, not just a lawyer's explanation of it.

Foreign public documents are proven under Rule 132, Sections 24 and 25, of the Rules of Court: an official publication or a copy attested by the keeper of the record, with a certificate from the Philippine embassy or consulate. Since the Philippines joined the Apostille Convention in 2019, documents from other member countries can be apostilled instead of consularized (certified by the Philippine embassy or consulate). See apostille.

Many petitions have been sent back or denied because the foreign law was not properly proven. Getting the right certified copies before filing saves time.

After the Court Grants the Petition

1. Wait for the decision to become final. The court issues a Certificate of Finality once no appeal is filed in time.
2. Register the decision. The decision and Certificate of Finality are registered with the local civil registry where the marriage is recorded (for a marriage reported abroad, the civil registry that holds the Report of Marriage), and sent to the PSA.
3. Annotation. The PSA adds a note (annotation) about the recognized divorce to the Marriage Certificate.
4. Get new copies. Request the annotated Marriage Certificate and, if you plan to remarry, a CENOMAR or advisory on marriages from the PSA. See PSA certificates and CENOMAR.

With the annotated record you can apply for a Marriage License, revert to your maiden name in your passport (see changing your name), and update other records. Property issues, custody and support may need separate handling.

Getting Help

This is a court case with strict rules on proof and on where to file, so you will need a lawyer. The Public Attorney's Office (PAO) helps people who qualify. If you are abroad, the Philippine embassy or consulate can tell you how to get documents certified for use in the Philippines.