Not correct in all circumstances. If a foreigner is involved that foreigner can get a foreign divorce in another country which by various treaties makes it binding here. However one has to apply for a *Recognition of Foreign Divorce* here through the court which will validate the divorce was done legally in the country it was done. One of the steps is having the divorce certified as legit through the divorcing countries state office and then having it certified at the Philippine Embassy in said country. At that point one files it in court here in the Philippines which will supposedly check to make sure it was done legally in the place it was done (not like they can actually check and just truth the embassy certification and state certification from said country the paper is legit). The court approves it and it gets forwarded to NSO and attached to ones marriage certificate. At that point one is not only divorced in the Philippines but eligible to marry someone else. The Filipino spouse gets a divorce automatically as well as they can't be held in a partner void marriage. However the divorce must be filed from the foreign partner and will not be recognized in the Philippines if filed or jointly filed by the Filipino spouse. Per treaty as well even without the recognition of foreign divorce if a foreigner gets a divorce in their home country it is binding in the Philippines as far as the law goes however one can't remarry without the certification of the foreign divorce. In essense it would protect you if your ex spouse tried to claim you withdrew financial support as it would show you no longer are financially liable for the spouse.
Agreed but we are not talking about a Divorce in the US are we? I don't think we should muddy the Waters on this one.
Why disagree Charley, it is what Chris did not say that will muddy the water, Any divorce in a Foreign country has to have that marriage in a Foreign Country. Marriages that are solemnized in the PI are not Eligible for Divorce Anywhere. If they were, by a Country not heeding the Laws of Divorce in the Philippines would most definitely not get a Clearance to remarry. Hence my saying we should not Muddy the Water as once again, we try and take it out of the Philippines to somewhere that is not in the spirit of the Thread. Western laws just don't equate. to things here in the PI Do they?
Not that I care so much but the issue applies to my situation. Tokyo Philippine Embassy said I can only change my status as single (years ago when I renewed my passport) after a Philippine court order but I didn't ask them if I could remarry and then I found this now: In order for a Filipino to remarry, he or she must have been in a marriage that is recognized by Filipino law, involve a marriage between a Filipino and a non-native, and the non-native must have obtained a legally binding divorce while overseas. In order for the divorce to be legally binding, it must be filed in court and accepted there. If this process is followed, both parties are free to remarry. https://www.hg.org/article.asp?id=20090
I am not nor ever disputing this but The Big question is Where did the Marriage take Place Out of the Country or in the Philippines?
No need for Sorry, it could have been anyone's situation but remains an all important question nevertheless