She told me sometime soon I would start to feelīetter. She assured me I was right on cue with the stages of grief I Hence, both the foreign divorce decree and the national law of the alien spouse must be alleged and proved in a Philippine court in accordance with Philippine law on evidence.When I saw my counselor last Monday I was still in a very deep stage of grief. Philippine courts do not take judicial notice of foreign laws and judgments. The alien spouse would no longer be a legal heir of the Filipino spouse with possible rights to conjugal property.Ī judicial process is definitely required for the recognition of foreign divorce decree. The Filipino spouse would no longer be obliged to live with, observe respect and fidelity, or render support to the alien spouse. This means that their marriage bond would be severed. As soon as a court grants such recognition, the foreign divorce decree shall have the effect of res judicata between the spouses in the Philippines. The Filipino spouse must obtain a Judicial Recognition of Foreign Divorce Decree from a Philippine court. Even the submission of a foreign divorce decree to a Philippine consulate or embassy, National Statistics Office or Local Civil Registry is not sufficient. It should be noted that a foreign divorce decree does not automatically entitle a Filipino spouse to remarry. All foreign divorce decrees prior to Augare not covered. The foreign divorce decree must be legally valid under the laws of the country where it is obtained and rendered after that date when the law came into effect. The Filipino spouse cannot remarry if the decree does not allow the alien spouse to remarry. It must enable the alien spouse to remarry. Third, the foreign divorce decree must be valid and obtained after Augregardless of the date of the marriage. But, so goes the legal maxim dura lex sed lex, the law may be harsh, but it is the law. It seems unfair to deny a Filipino spouse who is suffering through a bad marriage the legal opportunity to opt out while granting to the alien spouse the legal prerogative to choose whether to be freed or held hostage to it. Such a divorce would be void as to the Filipino spouse. With the exception of Filipino Muslims who are allowed to divorce under the Muslim Code of the Philippines, a Filipino spouse cannot petition for divorce whether in the Philippines or abroad. Second, the foreign divorce must have been instigated or petitioned by the alien spouse. ![]() Inversely, if the divorce decree was finalized before one of the spouses changed citizenship, the Philippine law of no divorce would continue to apply to them. If the now alien spouse (who was formerly Filipino) were to obtain a foreign divorce decree in the United States at this time, the law would apply, and the Filipino spouse would also be entitled to remarry. ![]() The marriage would have converted into a mixed marriage. citizenship thereby becoming an alien spouse. Consider spouses who were both Philippine citizens at the time of marriage. The key here is whether the marriage is a mixed marriage on the date of the foreign divorce decree. A non-Filipino spouse who is a citizen of a country that does not allow its citizens to divorce and remarry would not be an alien spouse in this context, and so the law would not apply. The mixed marriage must be valid where the marriage was solemnized, under Philippine law and under the laws of the country of the alien spouse. The alien spouse must be a citizen of a country that allows its citizens to divorce and remarry. By definition, a mixed marriage is one between an alien spouse and a Filipino spouse. What are these requirements?įirst, there must have been a valid mixed marriage at the time the foreign divorce is obtained. However, a Filipino spouse may benefit from the law only when certain requirements are satisfied. (Note: alien spouse can mean a Filipino who has acquired foreign citizenship.) As long as the alien spouse can remarry after the divorce, the Filipino spouse can also remarry. This means that a Filipino spouse can remarry after being divorced abroad by his or her alien spouse.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |