How to get a foreign divorce recognized in the Philippines

[LKMK 85]

Here is the back-story.  I brought my wife here on a K-1 visa from the Philippines last November and we were married in December.  Previous to our marriage she married a Filipino in 2003.   5 months later immigrated to the US, left her in the Philippines, and not ever contacted her again.  Fast forward to present day.  When we started the K-1 process she obtained a copy of her CENOMAR, which of course came back stating that she was married.  Although there is no divorce in the Philippines, Philippine law does make an exception where as if a Foreigner divorces the Filipina then her status can be returned to single and she can remarry.  So I contacted the previous husband and helped her to obtain a divorce from him in the state of New York where he had to file for divorce as he lives there now.  Everything went well and I got the divorce decree from NY and completed the K-1 process.

 

No that she is here, we want to clear her CEMAR.  We were advised to file for a recognition of foreign divorce in the Philippine Court system.  This in itself is being a giant pain in the rear end.  We have been through 2 different regional courts.  The first saying they did not have jurisdiction and the other wants a copy of the actual divorce law in New York.  We have been working on this for nearly a year now with very little progress in the Philippine system.  I finally figured out how to get an Attestation of the Domestic Law of New York to send to the Philippine court and will cost $150 on top of the $1500 Filipino Attorney fee to file the paperwork with the court.  So far we have paid the attorney $750 and have been working on this since July 2016.

 

However, before I send them the Attestation of the Law of Divorce in New York, has anyone been through this process or can you recommend an easier way to clear her CEMAR in the Philippines?  Can you go through the Philippine Embassy or NSO?  We both realize that this is not necessary, but we want her to be completely "free" of her past so we can file a report of marriage with the Philippine Embassy so I can be eligible for a Balikbayan visa.

 

Any advice or experience in this would be extremely helpful.

Edited April 13, 2017 by LJ2016

[Sagot 1,548]

I have read that you take the foreign divorce decree to DFA for authentication, then take everything over to PSA (was NSO) where they will annotate the CEMAR (Advisory of Marriage certificate).   This was someone that had completed the process.. not sure if the process changed.

 

http://consular.dfa.gov.ph/authentication-functions

Edited April 14, 2017 by Sagot

[LKMK 85]

11 hours ago, Sagot said:

I have read that you take the foreign divorce decree to DFA for authentication, then take everything over to PSA (was NSO) where they will annotate the CEMAR (Advisory of Marriage certificate).   This was someone that had completed the process.. not sure if the process changed.

 

http://consular.dfa.gov.ph/authentication-functions

Thank you so much Sagot!  That really helps!

[AmerFila 10]

I have the same situation with you LJ2016. I have asked a lawyer about this too, he said the divorce decree needs to be recognize in the court first. I don't know, whatever works I guess. Can you guys update us here if it works for you? Thanks

[LKMK 85]

2 hours ago, AmerFila said:

I have the same situation with you LJ2016. I have asked a lawyer about this too, he said the divorce decree needs to be recognize in the court first. I don't know, whatever works I guess. Can you guys update us here if it works for you? Thanks

So I just found this on the PSA website:

 

Annotation on the effects of divorce declared in a foreign country:

 

A request for copy issuance of COM with annotation on the effects of divorce abroad resulted to a negative result or COM without annotation.

 

How to correct:

 

1. The divorce decree granted by a foreign country must first be filed for recognition in the Philippine Regional Trial Court (RTC).

2. Once the local court recognized the foreign divorce decree, register it to the LCRO of the place of jurisdiction of the RTC which granted the petition.

3. The next step is to provide the copy of the registered court decree and certificate of finality to the LCRO where the marriage was registered for the annotation in the COM.

4. Once registered, you may now request for an annotated COM at NSO.  The complete set of documents: registered court decree, certificate of finality, certificate of registration and the annotated COM is to be forwarded through courier to NSO for processing. Also hand-carry the set of documents for filing an application at NSO-Central Outlet, East Avenue.

 

I think I'm just going to proceed with filing it in the Philippine RTC and do it the correct way.  Not sure what the difference is, but, I don't want any trouble in the future if we decide to buy land, etc.  I will let you know what happens for sure.  I'm guessing it will be several months before I can get an answer.  For now, I'm going to get the Attestation of the Law of Divorce in New York and send it to our attorney in the Philippines.  He already has a certified copy of my wife's divorce decree.  And we will see what happens.

 

I wonder if there is any difference between filing it through the RTC or just going to the DFA for authentication and then take everything over to PSA.  I guess we will see, but I'll keep you informed.

[AmerFila 10]

I'm not sure. But if you go to the dfa first see what they say, till then for the next move. 

[Chuck and Blaire 10]

On 4/14/2017 at 5:56 AM, LJ2016 said:

Here is the back-story.  I brought my wife here on a K-1 visa from the Philippines last November and we were married in December.  Previous to our marriage she married a Filipino in 2003.   5 months later immigrated to the US, left her in the Philippines, and not ever contacted her again.  Fast forward to present day.  When we started the K-1 process she obtained a copy of her CENOMAR, which of course came back stating that she was married.  Although there is no divorce in the Philippines, Philippine law does make an exception where as if a Foreigner divorces the Filipina then her status can be returned to single and she can remarry.  So I contacted the previous husband and helped her to obtain a divorce from him in the state of New York where he had to file for divorce as he lives there now.  Everything went well and I got the divorce decree from NY and completed the K-1 process.

 

No that she is here, we want to clear her CEMAR.  We were advised to file for a recognition of foreign divorce in the Philippine Court system.  This in itself is being a giant pain in the rear end.  We have been through 2 different regional courts.  The first saying they did not have jurisdiction and the other wants a copy of the actual divorce law in New York.  We have been working on this for nearly a year now with very little progress in the Philippine system.  I finally figured out how to get an Attestation of the Domestic Law of New York to send to the Philippine court and will cost $150 on top of the $1500 Filipino Attorney fee to file the paperwork with the court.  So far we have paid the attorney $750 and have been working on this since July 2016.

 

However, before I send them the Attestation of the Law of Divorce in New York, has anyone been through this process or can you recommend an easier way to clear her CEMAR in the Philippines?  Can you go through the Philippine Embassy or NSO?  We both realize that this is not necessary, but we want her to be completely "free" of her past so we can file a report of marriage with the Philippine Embassy so I can be eligible for a Balikbayan visa.

 

Any advice or experience in this would be extremely helpful.

I've gone through that process, unfortunately there is no divorce in the Phils. What is recognized is the Annulment, marriage that is void from the beginning. That is the only way to dissolve a marriage in the Phils. Many married Filipinos go there and get married to USC. They will file a divorce then send the paper here to be signed by their previous spouse and then send it back to US and free to get maarried again.  I am sorry to tell, those piece of paper is not recognized in the Phils. So, if she comes back here, lets say her husband still lives in the Phils, the husband can file Adultery case against her. They are still recognized as husband and wife eventhough you are married to her.  I do not want to be nosy but how did you able to file a K1 without Cenomar or annotated marriage contract? Anyways, I see 2 ways for her to be free again. First, file an annulment in the Philippine court, this is difficult and no guarantee. It will drag you to 18 months to years. But only the court can change her status and to obtain an annotated marriage contract. Second way is, wait for her and her ex to be USC. If both of them are USC, therefore Philippine law is no longer applicable to them.  My two cents...

Edited April 30, 2017 by Chuck and Blaire

[Chuck and Blaire 10]

On 4/15/2017 at 5:15 AM, AmerFila said:

I'm not sure. But if you go to the dfa first see what they say, till then for the next move. 

Unfortunately, only court can change her status.  DFA or any department (except judicial) in the goverment have no jurisdiction to change her status. 

[Chuck and Blaire 10]

On 4/15/2017 at 5:03 AM, LJ2016 said:

I wonder if there is any difference between filing it through the RTC or just going to the DFA for authentication and then take everything over to PSA.  I guess we will see, but I'll keep you informed.

You are right, the correct way is to file an annulment in a regional court where the marriage celebrated or where they used to reside. But I have to warn you, the grounds for annulment is ridiculous and very strict. Unlike in the US, there is a no fault divorce. Any connivance/agreement between her and spouse to terminate the marriage will be an outiright denial from the court. Many lawyers are out there to drain you financially esp knowing your currency is USD not PHP :(. Before, you can work your way around and have it annuled in less than a year, of course if you have fat wallet to give. With the new administration  and the cleaning up of corruption esp in the Judicial, everybody and most judges are now very careful. It is difficult and might be long process but that is the correct way. I hope I could give you an easy solution but as I've mentioned earlier there are only 2 ways. BTW, DFA cannot do anything, don't waste your time and money. They have no jurisdiction.

Edited April 30, 2017 by Chuck and Blaire

[Sagot 1,548]

http://www.philstar.com/freeman-opinion/2015/04/23/1446966/recognition-foreign-divorce-decree-philippine-courts-1

 

https://parispe.dfa.gov.ph/images/Forms/JUDICIAL RECOGNITION OF FOREIGN DIVORCE.pdf

Edited April 30, 2017 by Sagot

[LKMK 85]

21 hours ago, Chuck and Blaire said:

I've gone through that process, unfortunately there is no divorce in the Phils. What is recognized is the Annulment, marriage that is void from the beginning. That is the only way to dissolve a marriage in the Phils. Many married Filipinos go there and get married to USC. They will file a divorce then send the paper here to be signed by their previous spouse and then send it back to US and free to get maarried again.  I am sorry to tell, those piece of paper is not recognized in the Phils. So, if she comes back here, lets say her husband still lives in the Phils, the husband can file Adultery case against her. They are still recognized as husband and wife eventhough you are married to her.  I do not want to be nosy but how did you able to file a K1 without Cenomar or annotated marriage contract? Anyways, I see 2 ways for her to be free again. First, file an annulment in the Philippine court, this is difficult and no guarantee. It will drag you to 18 months to years. But only the court can change her status and to obtain an annotated marriage contract. Second way is, wait for her and her ex to be USC. If both of them are USC, therefore Philippine law is no longer applicable to them.  My two cents...

I agree.  It's a horribly painful process.  I was able to get a K-1 because my now wife's ex-husband (a Filipino who naturalized to became a US Citizen and lives in New York State) filled for divorce in NY State.  I helped him do this.  Thank goodness he was cooperative. In order to do this, I had to help my fiancee, at the time, get the VERIFIED COMPLAINT ACTION FOR DIVORCE notarized at the US Consulate in Cebu.  This document basically said yes, she agreed with the divorce and wanted it.  Several months later voila divorce granted.  Then I filled for K-1.  The US doesn't care about CENOMAR, or in this case CEMAR, because a divorce decree from the United States trumps it.  Therefore, we were able to obtain a K-1 visa.

 

However, now in order to clear her name in the Philippines, in case we want to live there in the future, we need to file for Annotation on the Effects of Divorce Declared in a Foreign Country.  This protects us both.

https://psa.gov.ph/civilregistration/problems-and-solutions/annotation-effects-divorce-declared-foreign-country

 

Here is information on that process.  Its shorter and cheaper than an annulment when certain conditions are met.

 

JUDICIAL RECOGNITION OF FOREIGN DIVORCE IN THE PHILIPPINES

There is no divorce in the Philippines, but when a divorce is validly obtained abroad and initiated by the foreign spouse, the Filipino spouse shall have the capacity to remarry under Philippine law.

There are exceptions to every rule. In the Philippines, marrying someone of another race or country may allow a divorce. Divorce can take place if the spouse from another country seeks it in their own home country. The foreigner’s country must accept the divorce for it to be valid. In the Family Code of the Philippines, paragraph 2 of Article 26 explains that legal marriages between a Filipino national and a non-native are genuinely recognized. A divorce must be accurately attained overseas by the non-native spouse which is the only way to allow remarriage.

In order for a Filipino to remarry, he or she must have been in a marriage that is recognized by Filipino law, involve a marriage between a Filipino and a non-native, and the non-native must have obtained a legally binding divorce while overseas. In order for the divorce to be legally binding, it must be filed in court and accepted there. If this process is followed, both parties are free to remarry.

Until recently, this applied only to mixed couples of Filipino marriages. The rule has broadened and now includes Filipinos who have become naturalized in another country and seek a legally binding divorce.

If the non-native has been approved a divorce, this does not mean that the Filipino has the right to enter into another marriage. There must be an acknowledgment of the divorce of a non-native from the Filipino courts for remarriage to be possible. After the Filipino courts have acknowledged the dissolution of marriage, only then can a Filipino citizen remarry.

 

I'll let you know how it turns out, hopefully sooner than later.  LOL

[Chuck and Blaire 10]

24 minutes ago, LJ2016 said:

I agree.  It's a horribly painful process.  I was able to get a K-1 because my now wife's ex-husband (a Filipino who naturalized to became a US Citizen and lives in New York State) filled for divorce in NY State.  I helped him do this.  Thank goodness he was cooperative. In order to do this, I had to help my fiancee, at the time, get the VERIFIED COMPLAINT ACTION FOR DIVORCE notarized at the US Consulate in Cebu.  This document basically said yes, she agreed with the divorce and wanted it.  Several months later voila divorce granted.  Then I filled for K-1.  The US doesn't care about CENOMAR, or in this case CEMAR, because a divorce decree from the United States trumps it.  Therefore, we were able to obtain a K-1 visa.

 

However, now in order to clear her name in the Philippines, in case we want to live there in the future, we need to file for Annotation on the Effects of Divorce Declared in a Foreign Country.  This protects us both.

https://psa.gov.ph/civilregistration/problems-and-solutions/annotation-effects-divorce-declared-foreign-country

 

Here is information on that process.  Its shorter and cheaper than an annulment when certain conditions are met.

 

JUDICIAL RECOGNITION OF FOREIGN DIVORCE IN THE PHILIPPINES

There is no divorce in the Philippines, but when a divorce is validly obtained abroad and initiated by the foreign spouse, the Filipino spouse shall have the capacity to remarry under Philippine law.

There are exceptions to every rule. In the Philippines, marrying someone of another race or country may allow a divorce. Divorce can take place if the spouse from another country seeks it in their own home country. The foreigner’s country must accept the divorce for it to be valid. In the Family Code of the Philippines, paragraph 2 of Article 26 explains that legal marriages between a Filipino national and a non-native are genuinely recognized. A divorce must be accurately attained overseas by the non-native spouse which is the only way to allow remarriage.

In order for a Filipino to remarry, he or she must have been in a marriage that is recognized by Filipino law, involve a marriage between a Filipino and a non-native, and the non-native must have obtained a legally binding divorce while overseas. In order for the divorce to be legally binding, it must be filed in court and accepted there. If this process is followed, both parties are free to remarry.

Until recently, this applied only to mixed couples of Filipino marriages. The rule has broadened and now includes Filipinos who have become naturalized in another country and seek a legally binding divorce.

If the non-native has been approved a divorce, this does not mean that the Filipino has the right to enter into another marriage. There must be an acknowledgment of the divorce of a non-native from the Filipino courts for remarriage to be possible. After the Filipino courts have acknowledged the dissolution of marriage, only then can a Filipino citizen remarry.

 

I'll let you know how it turns out, hopefully sooner than later.  LOL

Thank you for broadening my knowledge. I have done some reading as well. Your wife's case might fall to some exceptions in the Art 26. But you will still go through RTC (regional trial court) , as they are the only one has power to change the marital status in the public records. Just be careful in choosing a lawyer here. I will attach a link that might be helpful. If you have time, it's a good reading. Pls take note I am not endorsing any lawyer, I just found this article when I am doing some reading about your case. Pls keep us posted, not everybody knows about this annulment case exceptions , it might be helpful to others as well. Goodluck!  http://jlp-law.com/blog/divorce-annulment-philippines/

Edited May 1, 2017 by Chuck and Blaire

[mjt112215 1]

On 4/14/2017 at 4:03 PM, LKMK said:

So I just found this on the PSA website:

 

Annotation on the effects of divorce declared in a foreign country:

 

A request for copy issuance of COM with annotation on the effects of divorce abroad resulted to a negative result or COM without annotation.

 

How to correct:

 

1. The divorce decree granted by a foreign country must first be filed for recognition in the Philippine Regional Trial Court (RTC).

2. Once the local court recognized the foreign divorce decree, register it to the LCRO of the place of jurisdiction of the RTC which granted the petition.

3. The next step is to provide the copy of the registered court decree and certificate of finality to the LCRO where the marriage was registered for the annotation in the COM.

4. Once registered, you may now request for an annotated COM at NSO.  The complete set of documents: registered court decree, certificate of finality, certificate of registration and the annotated COM is to be forwarded through courier to NSO for processing. Also hand-carry the set of documents for filing an application at NSO-Central Outlet, East Avenue.

 

I think I'm just going to proceed with filing it in the Philippine RTC and do it the correct way.  Not sure what the difference is, but, I don't want any trouble in the future if we decide to buy land, etc.  I will let you know what happens for sure.  I'm guessing it will be several months before I can get an answer.  For now, I'm going to get the Attestation of the Law of Divorce in New York and send it to our attorney in the Philippines.  He already has a certified copy of my wife's divorce decree.  And we will see what happens.

 

I wonder if there is any difference between filing it through the RTC or just going to the DFA for authentication and then take everything over to PSA.  I guess we will see, but I'll keep you informed.

Following this 

[mjt112215 1]

On 5/1/2017 at 9:43 AM, Chuck and Blaire said:

Thank you for broadening my knowledge. I have done some reading as well. Your wife's case might fall to some exceptions in the Art 26. But you will still go through RTC (regional trial court) , as they are the only one has power to change the marital status in the public records. Just be careful in choosing a lawyer here. I will attach a link that might be helpful. If you have time, it's a good reading. Pls take note I am not endorsing any lawyer, I just found this article when I am doing some reading about your case. Pls keep us posted, not everybody knows about this annulment case exceptions , it might be helpful to others as well. Goodluck!  http://jlp-law.com/blog/divorce-annulment-philippines/

What if the divorce that was granted was a joint petition for summary of dissolution? Meaning both parties agreed to get Divorce? Does that mean I can’t file for Recognition for foreign Divorce in PI?

[Chuck and Blaire 10]

On 3/1/2018 at 8:02 AM, mjt112215 said:

What if the divorce that was granted was a joint petition for summary of dissolution? Meaning both parties agreed to get Divorce? Does that mean I can’t file for Recognition for foreign Divorce in PI?

I am sorry, I've deleted my opinion because I do not want to feed you wrong information. I hope by now you figure it out already. Good luck to your quest!

Edited March 16, 2018 by Chuck and Blaire