2020-10-23

Divorce obtained overseas by Filipinos valid in the Philippines

The Supreme Court (SC) ruled that a divorce obtained abroad by a Filipino against a foreign spouse is considered valid in the Philippines even if it is the Filipino spouse who sued for divorce.

In its ruling, the SC interpreted Article 26(2) of the Family Code which provides: “All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they are solemnized, and valid there as such, shall also be valid in this country.”

The SC ruled that “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 likewise have capacity to remarry under Philippine law[s].”

The Office of the Solicitor General (OSG), representing the government, did not file any controverting evidence. (Source: Manila Bulletin)