Filipino divorce 101

This is a situation: A and B, Filipinos have gone to the United States to get married. A few years later, the couple began to have marital problems. After the failure of the reconciliation efforts, the two began to separate points. They believed that because they were married abroad, they decided to divorce in the United States.

After returning to the Philippines, after obtaining the divorce judgment, A and B split their property and divide them among them. Now, it becomes tricky here: Obviously, A has debt after divorce' . Now creditors are not only following A's property, but also following B, which makes the latter upset. Is this even possible? Yes.

The first thing to do: Divorce does not apply to Filipinos. Even in the case of the couple successfully obtaining a divorce verdict, the Philippines is the same. In fact, in the eyes of the law, the couple are still legal husbands and wives.

art. 15, the New Civil Code is also known as the principle of nationality, which states:

Laws relating to family rights and obligations, or the status, conditions and legal capacity of persons are binding on Filipino citizens, even if they live abroad.

In view of this, the creditor can follow B's property as the same part of A's community property. After all, they are still married couples.

However, divorce obtained abroad may be recognized in the Philippines in some cases. how about it?

Article 26 of the Family Law states:

All marriages that are held outside the Philippines are conducted in accordance with the laws in force in the country in which they are located and are valid here and are valid in the country, except those prohibited by Articles 35[1], [4] and 5] and [6], 36, 37 and 38.

If the marriage between a Filipino citizen and a foreigner is effectively celebrated and the divorced spouse is effectively divorced abroad after divorce to enable him to remarry, the Filipino spouse will be able to remarry under Philippine law.

The reason why this clause applies to Filipinos is that the following elements exist:
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  1. There is a valid marriage relationship between Filipinos and foreigners.
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  2. A spouse of a foreigner obtains a divorce abroad, such a decree enables him/her to remarry.

If the Filipino later became a foreign citizen of naturalization, does this apply to him now? it depends on. In the Republic and Orbecido III, the Supreme Court ruled: "The end of the calculation is not the citizenship of the parties, but when the foreign spouse gets a valid dispute overseas, their citizenship is remarried."

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