⌛ PI Divorce Exception if Foreigners Divorce abroad

Article directly from the Dec. 5 Dumaguete Chronicle.

It is not correct to say that there is an
absolute ban on divorce in the
Philippines. Truth is, there are instances where
divorce is recognized here.
This is contained in Article 26 of the
Family Code.
“Where a marriage between a Filipino citizen
and a foreigner is validly celebrated and a divorce
is thereafter validly obtained abroad by the alien
spouse capacitating him or her to remarry, the
Filipino spouse shall have capacity to remarry
under Philippine law”.
The fami ly code justifies that if the
foreigner is able to procure a divorce abroad,
and as a consequence of the divorce the
foreigner is allowed to re-marry, then it is only
fair that the divorced Filipino spouse left
behind should also be allowed to re-marry.

 

Disclaimer: The above article was taken from the Chronicle, not sure of the validity.

 

That is a direct quote from article 26 of the family code. If the foreigner initiates the divorce abroad, the Filipino can remarry.

Larry

 

Good luck on serving divorce papers on a Philippine spouse while the other spouse is at home in their foreign country!

 

We regularly serve divorce papers on Philippine spouses.

Larry

 

Foriegn Marriage.

If I read the Article 26 correctly, the marriage has to be out side the PI to take advantage of this Situation. Am I right in this.?


Jack P.

 

Nope. It makes no stipulation where the marriage took place, only that the divorce was obtained abroad by the alien spouse;

"Where a marriage between a Filipino citizen
and a foreigner is validly celebrated and a divorce
is thereafter validly obtained abroad by the alien
spouse"

Filipinos married in the Philippines can remarry if the petition was filed by their alien spouse. They have to send certified copies of their divorce to NSO, and it is then legal for them to marry again in the Philippines.

Larry

 

More on this, backing up what Larry has stated, at website:
Divorce and Annulment in the Philippines at Philippine e-Legal Forum

 

Larry & Pat!

Thank you for the Clarification, However I feel it is a little academic in the main. I can't see a Country entertaining Divorce proceedings if the marriage was not in that country, ie; I married in PI, the UK are hardly going to give me a Divorce Hearing in say, London. When I wanted a Divorce in the 70's, I was stationed in Germany, the Civil Divorce court there said, you must go to the UK to apply, I did and it took 5 years. Now I wonder how a foreigner is going to obtain a Divorce say in the UK, When the spouse is living in the PI and that was where the marriage took place. The one thing a British Divorce courts requires for the proceedings is the original marriage Certificate, This in the majority of cases, is kept by the wife. Larry, if your country's Laws are different to the UK, How does it work?
You said in an earlier post you had served Divorce papers on PI Spouses, What procedure is then Following?

@Pat! you have really opened a can of Worms here :D


I can see from article 26, that there is a way, that a Filipino can have 2 bites of the cherry but I just don't see how anyone (British at Least) can possibly obtain a valid divorce outside the PI. Unless of course it is by Mutual agreement and to my understanding both parties have to be present, as one is a foreigner, I also think that the court may need some clarification on reasons for such a cost involvement. I have no desire to even think about it but I have to Admit that this has got to be one of the best Threads Pat has started.:D
Larry this is too interesting to let go, I do hope you have some answers to this.


Jack P.

 

Hmmm, interesting. All I can speak for is the US, in which of course all 50 states are somewhat different. However, I think all allow for divorce with only one spouse present, and it doesn't matter where the marriage took place. (A legally binding marriage is a legally binding marriage) The petitioner files for divorce, the judge sets a hearing date. The petitioner must prove that he served notice of the hearing to the respondent, or tried to locate respondent unsuccessfully. The former usually involves a process server, the latter an ad in the local paper where the respondent was last known to have resided. If the respondent fails to show, divorce granted under terms requested by the petitioner.

When we are involved, we are contracted by the petitioner to serve notice to the Philippine spouse. A typical case we show up at the home or work of the lucky soul. Once we get them in person and get them to admit to who they are, we simply hand them the court summons and wish them a nice day. Usually the whole episode is video and/or audio recorded. We then fill out the form sent to us by the petitioner (affidavit of service) sign and notarize it, and send it back.

Larry