Philippines on Divorce
I know I have written about divorce in the Philippines in my other blog but I also have to write about it here specially because this blog is not only about intercultural relationships but this blog is also about married couples and marriage as a whole. Now, for those of you who don’t know yet, there is no divorce in the Philippines. Meaning Philippine citizens can only marry once until their partner dies or until their marriage is annulled.
There is a huge difference between annulment and divorce but in simple words, annulment can be defined as the process of proving that a marriage is not valid. Annulment needs deeper reasons and these reasons should be proven before an annulment is granted and once it’s granted, the two persons in an annulled marriage can marry other persons. Divorce, on the other hand is a legal act to dissolve a marriage and reasons for divorce can be anything. Is there annulment in the Philippines? Yes. Is it easy to get an annulment and can any couple apply for an annulment? No and no. Why? Well for annulment, you need a “valid” reason to begin with. Is your spouse gay? Is your spouse mentally crazy and you only learned about it after the marriage? Were you too young when you got married making you “psychologically incapacitate” at the time of your marriage (or vice versa)? These are just some of the accepted reasons but I tell you, there aren’t a lot. Reasons like home violence and infidelity are not accepted as grounds for annulment. And for people who like to get out of a failed marriage, they normally can just result to separation which can end marital problems but does not stop the marriage. Meaning, separated couples are still considered by the law as “married” and therefore they cannot remarry.
What if you are married to somebody who is not Filipino? What if you married outside the Philippines? Can you get divorced? The answer is a big fat NO. You see, when you get married to a foreign person in another country, you normally register your marriage to the nearest Philippine Embassy. You need to do this specially if you need to change your name in your Passport and because Philippine Law demands that you do. Once you register your marriage to the embassy, you’ll be regarded as “married” so no matter where you are, if you are a Filipino, you are still under and you are still expected to abide by the Philippine Law. Your foreign spouse can divorce you but you can’t divorce your foreign spouse. Why? Because your foreign spouse is not bound to the Philippine Law but you are. Your non-Filipino spouse can remarry but you can’t.
Many will dispute this but I personally agree that the proposed Divorce Bill in the Philippines should be approve immediately because I believe that there is no sanctity in an oppressive marriage and for a person who is in such deserve to get out from it should be given a chance to find quality marital relationship with another person.
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hi my name is leon balante, living in calgary alberta canada for 9 years. i was married to a filipina here in the philippines in 1981 and we have 3 kids now. my wife migrated to canada in 1995. she then petitioned me and our 3 kids in 1998 and we finally migrated to canada in june 1991. In 2005 me and my wife separeted. In 2006 I became a canadian citizen. In 2007 she filed a divorced and was graneted on that same year. In december 2008 i came to the philippines to marry my gf but we could not get a marriage license because the phils law has no specific guidelines of filipinos married to filipinas in the philippines and divorced in other countries. Some towns and municipalities allowed to get a marriage permit and many dont dont issue permits. What is really the requirements to get a permit based on my situation? Please give me an advise..ASAP.. thank you.
Leon
sorry for the error we finally migrated to canada in 1999..
There is jurisprudence that says what counts is the citizenship of the party at the time of divorce. If a person is no longer a citizen of the Philippines, the laws of the Philippines no longer apply to him.
Hello Leon,
Any progress with your situation?
Please share it to us..
Thank you..
DivorcePinoy
I want to know and be friend. No other reasons. I want to go to Canada also but I have a problem.
The Philippine ‘law’ regarding divorce is a civil and human rights abuse against the international rights of Philippine citizens.
If a Filipino marries outside in a foreign country the laws of that country where the legal marraige occured apply, not Philippine law. Whether they register at a Philippine consulate or not. Anyone who cares to put it to the test can apply to the ECHR for a legal judgement where Philippine consulates must comply with.