The Short Answer
For most Filipinos, no. There is no general divorce law for marriages between two non-Muslim Filipinos. A marriage can instead be declared void (never valid from the start) or annulled (cancelled) by a court, which frees you to remarry, or you can ask for legal separation, which does not. Two exceptions exist: Muslim Filipinos can divorce under the Code of Muslim Personal Laws, and a Filipino married to a foreigner can have a divorce obtained abroad recognized by a Philippine court.
Example: Two Sisters From San Pablo, Laguna
Names and details in this example are made up.
Grace and Joy Reyes grew up in San Pablo, Laguna. Both married young, and both marriages broke down.
Grace married Arnel Bautista, also a Filipino, in a church wedding in 2012. Arnel left in 2018 and now lives with another woman in Cavite. Grace asks the barangay captain for a "divorce paper". There is no such thing. A barangay settlement or a notarized "kasunduan ng paghihiwalay" does not end a marriage. Grace's options are a court case for declaration of nullity (for example, under Article 36 on psychological incapacity, if the facts support it) or annulment (only if one of the grounds in Article 45 applies and the period to file has not run out). If she only wants their conjugal property (what they own as a married couple) divided and does not plan to remarry, legal separation is another route; Arnel's leaving her for more than one year is one of the grounds. She goes to the Public Attorney's Office in San Pablo to see if she qualifies for free help.
Joy married Kenji, a Japanese citizen, in Tokyo in 2015, and reported the marriage to the Philippine embassy. They divorced in Japan in 2023. Joy's Japanese divorce is valid in Japan, but her PSA record still says "married". Under Article 26 of the Family Code, she can ask a Regional Trial Court in the Philippines to recognize the foreign divorce. She must prove the Japanese divorce and the Japanese law that allowed it. Once the court grants it and the PSA marriage record is annotated (a note of the court decision is added), Joy can marry again here. It does not matter that it was Joy who asked for the divorce.
What if both had been Filipinos when they divorced abroad? Say Grace and Arnel had flown to another country and divorced there while both were still Filipino citizens. That divorce would generally not be recognized here, and Grace would still be married to Arnel under Philippine law.
The Routes That Exist Today
| Route | For Whom | Can You Remarry After? |
|---|---|---|
| Declaration of nullity | A marriage void from the start, such as one with a party under 18, no license, a bigamous marriage (one spouse was already married), or psychological incapacity (Family Code, Arts. 35 to 38) | Yes, once the decision is final and registered |
| Annulment | A marriage valid until annulled, for a ground in Article 45, filed within the periods in Article 47 | Yes, once the decision is final and registered |
| Legal separation | Spouses with a ground in Article 55, such as repeated violence, infidelity, or abandonment for more than one year | No. You stay married |
| Recognition of a foreign divorce | A Filipino married to a foreigner, where a divorce was validly obtained abroad (Art. 26) | Yes, once a Philippine court recognizes it and the PSA record is annotated |
| Divorce under PD 1083 | Muslim marriages covered by the Code of Muslim Personal Laws | Yes, under the rules of that Code |
All of these go through a court. Spouses cannot end a marriage by agreement, by a notarized document, or at the barangay.
For the steps and papers, see ending a marriage: annulment, legal separation and foreign divorce.
Divorce for Muslim Filipinos
Presidential Decree No. 1083 (PD 1083), the Code of Muslim Personal Laws of the Philippines, allows divorce for marriages it covers. It recognizes several forms of divorce, and cases are handled by the Shari'a courts. The rules on who is covered, the forms of divorce and the waiting period are set by that Code, so ask the Shari'a court or a lawyer familiar with it.
Converting to Islam just to divorce a spouse from a civil or church marriage does not work that way. The Supreme Court has held that a marriage celebrated under the Civil Code or the Family Code is governed by those laws, even if a spouse later converts.
Divorce Abroad in a Mixed Marriage
Under the second paragraph of Article 26 of the Family Code, when a Filipino is married to a foreigner and a divorce is validly obtained abroad that lets the foreign spouse remarry, the Filipino spouse can remarry too. In Republic v. Manalo (G.R. No. 221029, 24 April 2018), the Supreme Court held that this applies even when it was the Filipino spouse who obtained the divorce.
The foreign divorce does not take effect here on its own. You file a petition in a Regional Trial Court to have it recognized, and you must prove both the divorce decree and the foreign law that allowed it. Until then, the PSA still shows you as married, and a new marriage here could be void and expose you to a bigamy case. See recognition of a foreign divorce.
What About the Divorce Bill?
Bills to allow absolute divorce have been filed in Congress more than once, and some have passed one chamber. A bill becomes law only after both the House and the Senate pass it and it is signed or lapses into law (becomes law without the President's signature). As of this page's last update, no general divorce law for non-Muslim Filipinos is in force. If that changes, the rules on this page will change too, so check the date at the bottom of the page.
Be careful with anyone who offers a "fast divorce" or a "quick annulment" without a court hearing, or a divorce certificate for a fee. A decision that did not come from a real court case is worthless, and you could lose your money or end up in a bigamous marriage.
Getting Help
Each of these routes is a court case, and you will need a lawyer. Costs vary widely, so we do not list them. If you cannot afford a lawyer, the Public Attorney's Office (PAO) gives free legal help to people who pass its indigency test, and the Integrated Bar of the Philippines (IBP) runs legal aid offices.
If your spouse is hurting or threatening you or your children, you do not have to wait for a court case on the marriage. You can ask for a Protection Order right away. See Protection Orders. Your children are still entitled to support whatever happens to the marriage; see how much child support you can ask for.
Common Questions
Hiwalay na Kami ng 10 Taon. Automatic na bang Annulled ang Kasal Namin?
No. Living apart for years, even decades, does not end a marriage. Only a court decision declaring it void or annulling it, or a recognized foreign divorce in a mixed marriage, frees you to remarry. Separation for a long time may matter as evidence in a case, but it is not a ground by itself.
Can We Just Sign a Notarized Agreement That We Are Separated?
You can put in writing who keeps the children and who pays for what, but it does not end the marriage and does not let either of you remarry. An agreement to separate the property is valid only with court approval (Family Code, Art. 134 and the articles that follow it). The right of your children to support cannot be waived in such an agreement.
My Foreign Husband Divorced Me Abroad. Am I Free to Remarry in the Philippines?
Not yet. You first need a Philippine court to recognize the foreign divorce under Article 26 of the Family Code, and then the PSA marriage record must be annotated. Until then you are still married on paper here.
Is Legal Separation the Same as Divorce?
No. Legal separation lets you live apart and divides the property, but the marriage stays. Neither spouse can remarry.
Can PAO Handle My Annulment for Free?
PAO gives free legal help to people who pass its indigency test, and family cases are among the cases it handles. Go to the PAO district office covering where you live and ask about their requirements. Court-related expenses may still apply.
Not legal advice. This is general information. For advice on your own situation, consult a lawyer. If you cannot afford one, the Public Attorney's Office (PAO) or an IBP legal aid office may help for free.
Government fees, rules and requirements change, so always check with the office concerned before you go. This page explains the general rules; it cannot tell you how they apply to your own family or case. Last reviewed October 8, 2026.