Divorce in the Philippines for Foreigners and Expats – What You Need to Know
In the Philippines, divorce is a complex matter, as the country does not recognize divorce for its citizens except under very limited circumstances. However, as a foreigner, your situation might be different. Here’s an overview:
But firstly a warning Philippino marriage laws can cause all sorts of legal, corruption and scam issues
What is divorce situation in philippines i am foreigner getting divorced my country recognises that what does Philippines do
1. Divorce for Foreigners
- Recognition of Foreign Divorce: If you are a foreigner and your country recognizes your divorce, the Philippines generally respects your foreign status. You are not bound by Philippine laws prohibiting divorce for its citizens.
- Effect on Property and Marriage in the Philippines: If you were married to a Filipino citizen and divorced in your country, the Filipino spouse can file a petition in the Philippine courts to recognize the foreign divorce. This is essential for them to remarry or update civil records.
2. Filipino Citizen Marrying a Foreigner
- If you were married in the Philippines and are divorcing abroad, the marriage will not automatically be dissolved in the Philippines. The Filipino spouse must still petition for recognition of the divorce.
3. Property Division
- Property issues in the Philippines can be tricky due to rules on conjugal properties (shared assets of married couples). Any division of property may still need to follow Philippine laws.
4. Annulment vs. Divorce for Filipinos
- Since the Philippines doesn’t have divorce for its citizens (except for Muslim Filipinos under Sharia law), Filipino citizens may need to pursue annulment or legal separation to end the marriage legally in the Philippines.
5. Steps to Take
- For Foreign Divorce Recognition: If your Filipino spouse wants to recognize the divorce locally, they must file a case in Philippine courts. This typically involves submitting the divorce decree and proof of your foreign nationality.
- For You: Ensure you follow your home country’s legal procedures for divorce to avoid complications when remarrying or settling legal matters.
So it doesnt affect the foreigner
Yes, that’s correct! As a foreigner, your divorce is valid and recognized under the laws of your own country, so you are considered divorced elsewhere. However, in the Philippines, the legal recognition of that divorce may not automatically apply, particularly if your former spouse is a Filipino citizen.
Here’s the breakdown for you:
1. Your Legal Status
- You remain legally divorced under your country’s laws. This means you can remarry or take other legal actions without issue outside the Philippines.
2. In the Philippines
- If your former spouse is a Filipino citizen, they are still considered married under Philippine law until a court in the Philippines officially recognizes your foreign divorce.
- If both spouses are foreigners, the Philippines generally does not interfere with your marital status based on your country’s laws.
3. Does This Affect You?
- For Living in the Philippines: No, you are considered divorced and free to remarry or live your life.
- For Property or Business Matters: If you have shared assets in the Philippines with your former spouse, Philippine laws on property (conjugal property rules) might still be relevant and require legal resolution.
- For Future Marriages in the Philippines: If you plan to marry in the Philippines, the local civil registry may request proof of the divorce and may require the Filipino spouse to have the divorce recognized in Philippine courts.
Unless you plan to remarry or resolve issues involving property or legal records in the Philippines, your divorce does not affect your status or rights as a foreigner.
I can still live in the Philippines if i have correct visas
Yes, you can absolutely still live in the Philippines as long as you have the correct visa, regardless of your divorce status. Your personal marital situation does not affect your eligibility to stay in the country, provided you meet the visa requirements. Here’s how you can navigate this:
1. Common Visa Options for Foreigners in the Philippines
- Tourist Visa: Allows you to stay for up to 30 days initially, with possible extensions for up to 36 months (for most nationalities).
- Retirement Visa (SRRV): If you’re over 50, you can apply for a Special Resident Retiree’s Visa, which allows indefinite stay and multiple-entry privileges.
- Work Visa: If you have employment in the Philippines, you may qualify for a work visa sponsored by your employer.
- Investment Visa: Available if you invest a significant amount in a business or property.
- Long-Stay Visitor Visa Extension (LSVVE): For extended stays beyond the tourist visa period.
- Marriage Visa (13A): If your former marriage was to a Filipino, this visa may no longer be valid, but you can switch to another visa type.
2. Effect of Divorce on Residency
- If you were on a 13A Marriage Visa, this visa could become invalid upon divorce. You would need to apply for a new visa, such as a Tourist or Retirement Visa.
- If you are not on a marriage-based visa, your divorce has no impact on your residency as long as you comply with visa requirements.
3. Key Considerations
- Legal Compliance: Always ensure your visa is valid and stay updated on extensions or renewals to avoid overstaying.
- No Impact on Foreigners: As a foreigner, the Philippines does not tie your residency status to marital status unless you are on a marriage-based visa.
Is this automatic or needs to be applied for, until a court in the Philippines officially recognises your foreign divorce.
For a foreign divorce to be recognized in the Philippines, it is not automatic. The Filipino spouse must take active legal steps to have the foreign divorce recognized by a Philippine court. Here’s how it works:
1. Recognition of Foreign Divorce in the Philippines
- Applies to the Filipino Spouse: If your former spouse is Filipino and wishes to update their civil status (e.g., to remarry or for legal documentation purposes), they need to file a Petition for Judicial Recognition of Foreign Divorce in a Philippine court.
- Legal Requirements:
- The foreign divorce decree must be authenticated by the foreign government or through an Apostille, depending on the country of issuance.
- Proof of your foreign citizenship at the time of the divorce must be provided (e.g., passport or certificate of citizenship).
- Once approved by the court, the recognition will be recorded in the Philippine civil registry.
2. Does This Apply to You?
- As a foreigner, you are not required to take any action for the Philippines to acknowledge your divorce because you are governed by your own country’s laws.
- If you do not plan to marry or have legal issues tied to the Philippines (e.g., property or shared children), you don’t need to concern yourself with Philippine court recognition of the divorce.
3. Impact Without Court Recognition
- The Filipino spouse remains legally married in the eyes of Philippine law until the court grants recognition.
- This does not affect you directly as a foreigner—you are still divorced under your home country’s laws.
If your former spouse is Filipino and wishes to resolve this, they will need to initiate the legal process. Otherwise, your divorce remains valid for you internationally, and no further action is needed on your part.
So to marry another Philippino, my ex wife needs to do this [ This can cause issues ]
Yes, to legally marry another Filipino or anyone else in the Philippines, your ex-wife needs to have the foreign divorce recognized by a Philippine court. This step is necessary because, under Philippine law, she is still considered married until the court officially recognizes the divorce.
Here’s Why This is Necessary:
- Philippine Law on Marriage:
- The Philippines does not recognize divorce for its citizens unless a court grants recognition of a foreign divorce. Without this, your ex-wife remains married under Philippine law.
- Bigamy is a criminal offense in the Philippines, so your ex-wife cannot legally remarry without resolving her marital status.
- Steps Your Ex-Wife Must Take:
- File a Petition: She must file a Petition for Recognition of Foreign Divorce in a Philippine Regional Trial Court.
- Documents Needed:
- Authenticated copy of the foreign divorce decree.
- Proof of your foreign citizenship at the time of the divorce (e.g., passport or certificate of citizenship).
- Your marriage certificate (to establish the original marriage).
- Court Approval: Once the court grants the petition, the decision will be recorded in the civil registry, updating her marital status to “divorced.”
- Your Role:
- Typically, you are not required to participate in this process unless your ex-wife needs your cooperation (e.g., providing proof of your foreign citizenship or other supporting documents).
If You Want to Marry in the Philippines:
- As a foreigner, your divorce is valid under your country’s laws, so you can remarry in the Philippines without needing recognition of the divorce there.
- However, your new Filipino spouse will need to ensure that your divorce documents are presented to prove that you are legally free to marry.
If i divorce Filipino wife and we have 2 houses can i be the owner of one of them
Yes, as a foreigner, you can own a house in the Philippines under certain conditions, but you cannot own the land it is built on due to constitutional restrictions on land ownership by non-Filipinos. Here’s how property ownership works in your case:
1. Ownership of the House (Structure)
- As a foreigner, you can legally own the house or building, but not the land. If the house was built during your marriage, it is likely considered conjugal property, meaning it belongs to both you and your Filipino spouse.
2. Ownership of the Land
- Philippine Land Law: Foreigners cannot own land in the Philippines. The land under the house will remain under your ex-wife’s name or her heirs if she passes away.
- However, you can:
- Lease the Land: A long-term lease (up to 50 years, renewable for another 25 years) can be arranged with your ex-wife or whoever owns the land.
- Use legal agreements to ensure rights to the house and its usage.
3. Property Division After Divorce
Under Philippine family law:
- If the properties were acquired during the marriage, they are presumed to be conjugal property, shared equally between both spouses, regardless of who paid for them.
- Upon divorce (or annulment), the properties will be divided equally unless a prenuptial agreement specifies otherwise.
4. How You Could Retain One House
- Mutual Agreement: You and your ex-wife can agree to transfer ownership of one of the houses to your name (the structure, not the land). This agreement would need to be notarized and documented.
- Court Decision: If there’s no agreement, a Philippine court may decide on how the properties will be divided.
- Selling Your Share: If you cannot directly own the land, you may negotiate with your ex-wife to sell your share of the property’s value to her or another party.
5. Practical Advice
- Legal Assistance: Work with a lawyer experienced in Philippine property law to ensure a fair division and legal documentation.
- Protecting Your Investment: If you funded the purchase of the house(s), ensure there are clear records (e.g., receipts, bank transfers) that show your financial contribution.
- Leasing Option: Consider leasing the land beneath one house if you plan to live in it.