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Recognition of the divorce decree in the Philippines


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#1 yangyin

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Posted 26 June 2012 - 10:08 PM

So I'm divorced and got my final decree. How do I go about having my divorce recognized in the Philippines? My ex-husband (US Citizen) signed the petition as the petitioner. Do I still need to file annulment in the Philippines?

Thanks!
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#2 Fritz

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Posted 26 June 2012 - 11:02 PM

So I'm divorced and got my final decree. How do I go about having my divorce recognized in the Philippines? My ex-husband (US Citizen) signed the petition as the petitioner. Do I still need to file annulment in the Philippines?

Thanks!

A consular Report of Divorce filed at your Philippine consulate is sufficient for passport renewal. For legal purposes in Philippines you will need to file a case in court in Philippines for "Judicial Recognition" of the divorce. There are law firms in Philippines that handle these cases.

Your divorce is valid in Philippines, the Judicial Recognition is to officially review the divorce to ensure that it is valid under the laws of the country where issued and meets the requirements of Philippine law for recognition in Philippines. So no annulment is necessary.

The adventure continues
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#3 yangyin

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Posted 27 June 2012 - 12:00 AM

A consular Report of Divorce filed at your Philippine consulate is sufficient for passport renewal. For legal purposes in Philippines you will need to file a case in court in Philippines for "Judicial Recognition" of the divorce. There are law firms in Philippines that handle these cases.

Your divorce is valid in Philippines, the Judicial Recognition is to officially review the divorce to ensure that it is valid under the laws of the country where issued and meets the requirements of Philippine law for recognition in Philippines. So no annulment is necessary.

The adventure continues
Fritz


Thank you Fritz! This is the first time I've heard of Judicial Recognition. Will it be possible if I hire a lawyer in Philippines from here to file it for me? I wonder how much it costs too.

Hypothetical Question: in the future, if I ever plan to get married again, does that mean I cannot have a wedding in the Philippines without Judicial Recognition?

FYI: I did file a Report of Marriage for my marriage with my ex-husband. I dunno if that affects the Judicial Recognition.
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#4 rbacon

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Posted 27 June 2012 - 12:08 AM

If you are living outside of the Philippines and have legal residency status in the U.S. (or other "permanent" country), getting your divorce accepted in the Philippines is pretty much "treading water" for no particular purpose.

The only real benefit would be if you planned to remarry in the Philippines or wanted to insure that your Philippines passport reflects your next "married" name. The divorce reognition is not a legal requirement to renew your Philippines passport with the same name currently used in the passport.


--Ray B

So I'm divorced and got my final decree. How do I go about having my divorce recognized in the Philippines? My ex-husband (US Citizen) signed the petition as the petitioner. Do I still need to file annulment in the Philippines?

Thanks!



#5 yangyin

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Posted 27 June 2012 - 12:15 AM

If you are living outside of the Philippines and have legal residency status in the U.S. (or other "permanent" country), getting your divorce accepted in the Philippines is pretty much "treading water" for no particular purpose.

The only real benefit would be if you planned to remarry in the Philippines or wanted to insure that your Philippines passport reflects your next "married" name. The divorce reognition is not a legal requirement to renew your Philippines passport with the same name currently used in the passport.


--Ray B


Ray,

I do want to do it right next time and I do want to have a wedding in Philippines in the future in the presence of my family and friends. It's a long time dream, but never happened. So next time, I do want it done that way even though I am residing in the US. That is why getting it recognized in Philippines is important to me.

I'm not so worried about the name change in the passport.

Edited by yangyin, 27 June 2012 - 12:17 AM.

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#6 Fritz

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Posted 27 June 2012 - 02:19 AM

Ray,

I do want to do it right next time and I do want to have a wedding in Philippines in the future in the presence of my family and friends. It's a long time dream, but never happened. So next time, I do want it done that way even though I am residing in the US. That is why getting it recognized in Philippines is important to me.

I'm not so worried about the name change in the passport.

Currently you are free to remarry in any country except Philippines and Malta as these are the only countries that require additional steps prior to permitting you to remarry.

No, you do not need to return to Philippines for the court hearing. Your lawyer will represent you in court. If you do choose to return to Philippines, file the Report of Divorce and have the Final Decree authenticated by the consulate in US before you leave. This authentication is one of the steps for Judicial Recognition and must be done by the consulate having jurisdiction for the place where the divorce decree is filed.

Your marriage was registered with NSO as a result of the Report of Marriage filing, so you are considered married in Philippines until the marriage is terminated by means set forth in Philippine law. Foreign divorces filed by citizens of other countries are recognized as valid under Philippine law. The Judicial Recognition simply verifies that it is a valid divorce under the laws of the country where it was filed and enters a court finding of 'valid termination of marriage' into the Philippine legal record. When the Judicial Recognition is reported to NSO, NSO will amend the marriage record to show that the marriage was properly terminated and will then be able to issue a CENOMAR (Certificate of No Impediment to Marriage) showing that you are free to marry under Philippine law.

That CENOMAR is one of the documents you will present to the LCR (Local Civil Registrar) when you apply for a marriage license.

The advnenture continues
Fritz

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#7 yangyin

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Posted 27 June 2012 - 06:32 AM

Currently you are free to remarry in any country except Philippines and Malta as these are the only countries that require additional steps prior to permitting you to remarry.

No, you do not need to return to Philippines for the court hearing. Your lawyer will represent you in court. If you do choose to return to Philippines, file the Report of Divorce and have the Final Decree authenticated by the consulate in US before you leave. This authentication is one of the steps for Judicial Recognition and must be done by the consulate having jurisdiction for the place where the divorce decree is filed.

Your marriage was registered with NSO as a result of the Report of Marriage filing, so you are considered married in Philippines until the marriage is terminated by means set forth in Philippine law. Foreign divorces filed by citizens of other countries are recognized as valid under Philippine law. The Judicial Recognition simply verifies that it is a valid divorce under the laws of the country where it was filed and enters a court finding of 'valid termination of marriage' into the Philippine legal record. When the Judicial Recognition is reported to NSO, NSO will amend the marriage record to show that the marriage was properly terminated and will then be able to issue a CENOMAR (Certificate of No Impediment to Marriage) showing that you are free to marry under Philippine law.

That CENOMAR is one of the documents you will present to the LCR (Local Civil Registrar) when you apply for a marriage license.

The advnenture continues
Fritz


This reply is very helpful, Fritz and I really appreciate it. I might have to come back here to ask for the link/process of filing for the Report of Divorce to the Philippine Consulate in the US. But it's good to know that that is possible without having to do an annulment. It is better to be prepared and ready for the possibilities of what my future brings.

Thank you!

Moving foward and staying positive,
Yangyin


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#8 Fritz

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Posted 27 June 2012 - 07:21 AM

This reply is very helpful, Fritz and I really appreciate it. I might have to come back here to ask for the link/process of filing for the Report of Divorce to the Philippine Consulate in the US. But it's good to know that that is possible without having to do an annulment. It is better to be prepared and ready for the possibilities of what my future brings.

Thank you!

Moving foward and staying positive,
Yangyin


Resilient is my middle name.

The Report of Divorce form is rarely mentioned online. Contact the consulate directly for instructions on filing this form and getting the Final Decree of Divorce authenticated.

The adventure continues
Fritz

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know it when you see it and
have the good luck to get it
... and keep it!!!


#9 Sonia M

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Posted 27 June 2012 - 08:18 PM

The Report of Divorce form is rarely mentioned online. Contact the consulate directly for instructions on filing this form and getting the Final Decree of Divorce authenticated.

The adventure continues
Fritz


Hypothetical question: Let's say the marriage took place outside the Philippines and was reported at the Philippine Consulate Office for update/change of passport name or for whatever legal purpose, there is absolutely NO NEED to fille an annulment since the marriage never happened in the Phils. The decree of divorce should be recognized even in the Philippines, right?
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#10 Fritz

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Posted 27 June 2012 - 09:32 PM

Hypothetical question: Let's say the marriage took place outside the Philippines and was reported at the Philippine Consulate Office for update/change of passport name or for whatever legal purpose, there is absolutely NO NEED to fille an annulment since the marriage never happened in the Phils. The decree of divorce should be recognized even in the Philippines, right?

If the marriage was reported to consulate and a pasport name change was approved on the basis of that report, then the marriage is registered in Philippines.

The decree of divorce is recognized in Philippines as long as it was done in accordance with the law of the country where it was issued and the laws regarding Philippine citizens divorcing overseas.

The divorce must be initiated by a citizen of a country allowing divorce, in a court where they are permitted to file for divorce. For example a Michigan USA resident cannot legally file for divorce in Oregon USA as they are not a resident of the state of Oregon, but they can file for divorce in Michigan where they are a state resident. This limitation also applies to people who have recently changed residence as they lose residence in the old state and need to meet the minimum time of residence for the new state.

A Filipino who has dual citizenship is permitted to file for divorce as a foreign citizen. If the divorce is filed by a Filipino before they gain the foreign citizenship, then the divorce is not valid. This is the reason that a foreign divorce should be filed by the foreign spouse.

For use as a legal document in Philippines, the Divorce Decree must be reviewed by a Philippine court to ensure that it is authentic and meets the legal requirements of Philippines and the country where the divorce was obtained. This is the "Judicial Recognition of a Foreign Divorce" proceeding.

For use as a legal document to change a passport name, simple authentication by a Philippine consulate is all that is needed. DFA does not normally require formal Judicial Recognition for this purpose.

The foreign divorce formally terminates the marriage for legal purposes in Philippines. Once the foreign divorce has been Judicially Recognized it is recorded as a terminated marriage by NSO. The Filipino ex-spouse will now report their status as single or annulled/divorced on any legal document. There are some differences between annulment and divorce regarding property distribution, child support, child custody and pet custody/support, but these should always be done as part of the divorce/annulment process to avoid legal fights later.

For general legal purposes a Judicially Recognized Foreign Divorce and a Philippine Divorce or Annulment are equivalent (Yes there is true divorce in Philippines for most Muslims and many Indigenous People)

The adventure continues
Fritz

May you find what you want in life,
know it when you see it and
have the good luck to get it
... and keep it!!!


#11 MrkGrismer

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Posted 28 June 2012 - 12:22 PM

Hypothetical question: Let's say the marriage took place outside the Philippines and was reported at the Philippine Consulate Office for update/change of passport name or for whatever legal purpose, there is absolutely NO NEED to fille an annulment since the marriage never happened in the Phils. The decree of divorce should be recognized even in the Philippines, right?


Further hypothetical; even if it was never reported the person still got married. A person could also simply go to another state and get remarried without getting divorced first.

In both cases they risk the same thing...

Being charged with Bigamy.

Edit: the bottom line is it is best to get the judicial recognition of the divorce if remarrying in the Philippines.

Edited by MrkGrismer, 28 June 2012 - 12:24 PM.

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#12 mocca

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Posted 07 July 2012 - 07:45 AM

Hi im back from the forum. you still need to file the divorce decree to the philippines. it will be filed as Recognition of Foreign divorce.You need a lawyer, there will be hearing too. but not as stressfull as annullment.Once the decision is rendered that it was recognize then it needs to have finality decree then recording follows. Your marriage certificate will then be anotated about the decision.


#13 dorkins

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Posted 11 October 2012 - 09:56 AM

If that is the case..you are already divorced in the US but haven't filed a judicial recognition in the Philippines could you still get remarried in Australia for example without having to change your name in the Phil.? is it possible to get married again in other country as long as you have a divorce decree in the US? no problem? just curious, thanks.

#14 MrkGrismer

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Posted 11 October 2012 - 12:35 PM

If that is the case..you are already divorced in the US but haven't filed a judicial recognition in the Philippines could you still get remarried in Australia for example without having to change your name in the Phil.? is it possible to get married again in other country as long as you have a divorce decree in the US? no problem? just curious, thanks.


Yes, but it can cause problems for changing your Philippine Passport, and as such you may want to consider keeping the name you have in your Philippine Passport. Of course, if you decide to get foreign citizenship and discard your Philippine citizenship it doesn't matter so much.

Getting the recognition done is the best course, but it is not always the most practical course.

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#15 Rican84

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Posted 01 November 2012 - 10:07 PM

Is thier a cost to this on top of wut a lawter might charge?

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#16 MrkGrismer

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Posted 02 November 2012 - 12:53 PM

Is thier a cost to this on top of wut a lawter might charge?


For the judicial recognition? It has to go thru court so I would expect there to be filing fees and such, I could not tell you how much off-hand and I am sure it varies by location. Perhaps others here who have done it can relate how much it cost them, what jurisdiction they had it done in, and how long it took.

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#17 edvillas

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Posted 23 October 2013 - 03:26 PM

So I'm divorced and got my final decree. How do I go about having my divorce recognized in the Philippines? My ex-husband (US Citizen) signed the petition as the petitioner. Do I still need to file annulment in the Philippines?

Thanks!

here is another article that could be of use

 

 

Dear PAO,

I am a Dane who got married to a Filipina in the Philippines.

Our
marriage did not work and I have already obtained a divorce decree here
in Denmark.

Will your country recognize the divorce decree that I got? I
just want to help my ex-wife so she can move on with her life. Thank
you very much.

Saeed


Dear Saeed,

Under Philippine laws, divorce is not one of the means of terminating
the validity of a marriage.

Hence, a divorce decree, even if validly
obtained by a Filipino abroad, will not operate to terminate his
marriage.

A different rule, however, shall be observed in case of
marriages between a Filipino and a foreigner and the divorce decree was
obtained by the foreigner spouse.


Paragraph 2, Article 26 of the Family Code of the Philippines provides:


“Article 26. xxx


Where a marriage between a Filipino citizen and a foreigner is
validly celebrated and a divorce decree 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.”


Hence, by express provision of law, if the divorce decree that you
obtained in Denmark allows you to contract another marriage,

then it
shall have the effect of terminating your marriage here in the
Philippines since your ex-wife shall also be given the capacity to
contract another marriage under our laws.


However, the divorce decree shall not be automatically recognized
here as our courts do not take judicial notice of foreign laws and
judgment.

It shall be necessary first to prove and allege both the
divorce decree and your national law according to our law on evidence
(Garcia vs. Recio, GR No. 138322, October 02, 2001).


To have the divorce recognized here in the Philippines,

your ex-wife
shall need to file a petition before our courts for the recognition of
the divorce decree that you obtained in your country.

She must be able
to prove in the said petition the divorce as a fact and demonstrate its
conformity to your law which issued it. It must also be shown in the
petition that you were also given the capacity under your laws to
remarry by virtue of the divorce decree that was issued to you (Republic
vs. Orbecido, GR No. 154380, October 05, 2005).

 

 

http://manilatimes.n...-country/45334/

also check out pinoylawyer.org that may have extra info






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