Divorce obtained abroad by a Filipino

[johncar54]

This is a very interesting post by Charwill, however, I believe that the court interpretation must be open to dispute.

I am sure that in law it must be arguable that if a Filipino, who is divorced by his/her alien spouse, is free to marry then the converse must apply, ie where the Filipino spouse divorces his/her alien spouse he /she must equally be free to marry.


In this later case the alien spouse would be free to marry, as they would in the first case. It is arguably ridiculous to treat the Filipino as still be considered as married if his/her spouse is treated as no longer married. Who would they be married to?

I hope a prominent Filipino lawyer chooses to appeal such a case to the high court.

I don't know if international human right law applies to the Philippines, if it does the present court finding must be reversed.

[keithAngel]

My interpretation is that if the Filipino is married in the Phils then a divorce secured by an either spouse abroad would not be valid in the Philippines

She would however be free to marry abroad it would only be in the Fils this marriage would not be recognised

If they were married abroad and the Filipino was devorced my the foriegn partner this would be valid in the Fils ?

[PeterB]

If they were married abroad and the Filipino was devorced my the foriegn partner this would be valid in the Fils ?

I'm not sure about 'valid', but the Filipino would be free to marry again in Phils.

[Florge]

This is a very interesting post by Charwill, however, I believe that the court interpretation must be open to dispute.

I am sure that in law it must be arguable that if a Filipino, who is divorced by his/her alien spouse, is free to marry then the converse must apply, ie where the Filipino spouse divorces his/her alien spouse he /she must equally be free to marry.


In this later case the alien spouse would be free to marry, as they would in the first case. It is arguably ridiculous to treat the Filipino as still be considered as married if his/her spouse is treated as no longer married. Who would they be married to?

I hope a prominent Filipino lawyer chooses to appeal such a case to the high court.

I don't know if international human right law applies to the Philippines, if it does the present court finding must be reversed.

The cases mentioned are already decided by the high court (Supreme Court here). It simply means that the Filipino spouse can get married only when the divorce has been declared, in which such action was initiated by the foreign spouse. Why foreign? because Filipinos are covered by Philippine laws wherever they may be and since we don't recognize divorce, then essentially, Filipinos can't get divorced. But that also depends on the marriage law of the country of the foreign spouse. that is another discussion.

So, if you want to get divorce, let the foreign spouse initiate it so that when the divorce is approved, you are free to marry either in the Phils or abroad.

My interpretation is that if the Filipino is married in the Phils then a divorce secured by an either spouse abroad would not be valid in the Philippines

She would however be free to marry abroad it would only be in the Fils this marriage would not be recognised

If they were married abroad and the Filipino was devorced my the foriegn partner this would be valid in the Fils ?

The divorce must be secured by the foreign spouse so that Filipino spouse can get married. Yes, the Filipino spouse is free to marry abroad but that marriage is bigamous under Philippine law since he/she hasn't gone through annullment/divorce.

I'm not sure about 'valid', but the Filipino would be free to marry again in Phils.

Correct.