Foreign divorce

Dear Atty. Angela,

I was married to a Japanese national for five years but eventually our marriage did not work out. My husband then obtained a decree of divorce in Japan and it was granted. I have a new boyfriend now in the Philippines and recently, I learned that my ex-husband remarried already. Since we are already divorced, can I also now legally remarry in the Philippines? What do I need to do to have our divorce recognized here?

Minda

***

Dear Minda,

Yes, you may legally remarry in the Philippines with the condition that your divorce decree in Japan should first be recognized here through filing a petition for recognition of a foreign divorce judgment to be filed in a local court.

It must be noted that in a petition for recognition of a foreign divorce decree, both the foreign judgment providing for the absolute divorce and the national law of the alien spouse, which recognizes the absolute divorce and capacitates said alien spouse to remarry, must be alleged and proven as fact.

In the case of Asilo v. Gonzales-Betic, G.R. No. 232269, (2024), the Supreme Court clarified that in a petition for recognition of a foreign divorce decree on the basis of Article 26 (2) of the Family Code, the ultimate facts that must be alleged are as follows:

1. The celebration of a marriage between a Filipino and an alien;

2. The subsequent acquisition of an absolute divorce in a foreign jurisdiction;

3. The nationality of the alien spouse at the time the absolute divorce was obtained; and

4. The national law of the alien spouse, which recognizes the absolute divorce and capacitates said alien spouse to remarry.

Do note that these ultimate facts are in addition to the jurisdictional facts that must be alleged in the petition. Thus, it is important for you to be prepared to produce these mandatory documentary requirements to warrant the recognition of your absolute divorce decree in the Philippines.

Atty. Angela Antonio