Divorce Obtained by Foreign Husband
A foreigner married a Filipina abroad. However, the marriage did not work and the foreigner validly obtained a divorce decree abroad against his Filipina spouse. The foreigner spouse eventually remarried. Can the Filipina remarry on the basis of the divorce decree?
Article 26 of the Family Code of the Philippines provides that when a foreign spouse obtained a valid divorce abroad which capacitated him to remarry, the Filipino spouse shall likewise have the same capacity to remarry.
This is the only case wherein divorce may be recognized here in the Philippines, in order to avoid the absurd situation wherein the Filipina spouse remains married to her foreign husband, who under the divorce decree is no longer considered married to the Filipina spouse.
However, the divorce decree does not automatically grant the Filipina spouse the capacity to remarry. The Filipina spouse has to file a petition casino online in court for dgfev online casino the recognition of the divorce decree. Upon the court’s recognition of the divorce decree, the Filipina spouse can them remarry.
This community education column from Quota International of Metro Cebu (QIMC) is not intended to take the place of legal advice. Consult with a private attorney of your choice to review the facts, laws, and remedies specific to your case.
QIMC is a non-profit service organization for the disadvantaged women and children, hearing-impaired and speech-impaired. For comments or feedback, send email to email@example.com. Online chat is available at http://quotaofmetrocebu.multiply.com.
Source: Sun. Star Cebu/ Thursday, December 1, 2011
By: Atty. Marie Dee A. Seares-Del Rosario