禁漫天堂

You can divorce and it is recognized in the Philippines because it is a mixed marriage.聽 What is forbidden is a divorce between 2 catholic philippinos. Even Muslim philippinos can divorce

Thanks for the accurate answer! Good to know :-)

So what you are saying is that philippinos - a pinay and pinoy - can divorce if they had a community marriage? Maybe it's unusual, but it happens, or that they get married in a mosque.

The general rule : divorce is not allowed for Filipinos

But one exception is for Filipino muslims

Now in the case of a couple with a spouse Filipino and a spouse foreigner:

1) Divorce is recognized in the Philippines if the country of the foreigner allows divorce. Knowing that Vatican is the only country, with the Philippines, not recognizing the divorce... But only the foreigner can initiate the divorce. Once recognized in the foreign country, the Filipino can file in the Philippines court and the judge will recognized the divorce. If the Filipino spouse forgets to make the recognition in the Philippines, he/she will not be recognized and can't remarry. Some foreigners who divorced did not give this information to their former Filipino spouse because they don't want to lose their investments in the Philippines... as foreigners can't own land etc. they will lose after the divorce...

2) Another case : 2 Filipinos got married ... After several years, one of them will take a foreign nationality... then divorce will be allowed.... except if the new nationality is ... from Vatican of course :-)

But

If your are a foreigner, and you get married to a Filipino spouse. After several years you decide to take the Filipino nationality and so lose your foreign nationality (only a former Filipino can reacquire a Filipino nationality and keep is foreign nationality). Then you are not anymore allowed to divorce (except if you are muslim !)

So we can say that it is based on your nationality when starting the procedure of the divorce

About land, just curious...聽 If I by some reason decide to apply for a Filippino nationality, will I then, being a Filippino, have the right to own some land? I will probably loose my Swedish pension too, so it's not a very good idea...

I am currently in Philippine RTC, to have my Foreign Divorce Recognized, so I can obtain a property settlement.聽 My Divorce was granted in the USA, but the process is the same for Sweden.聽
1.聽 Have your Final Divorce authenticated By the Philippine Embassy or Consulate in Sweden.
2.聽 Have your Authenticated Final Divorce Decree Authenticated at DFA, (Dept. of Foreign Affairs), in Manila.
3.聽 You will also need a copy of the divorce laws of Sweden.聽


Please Google, "Family Codes of the Philippines",聽 and "Recognition of a Foreign Divorce"



It is a very common occurrence in the Philippines that when things do not work out in a mixed marriage, the foreigner spouse obtains a divorce, nullity of his/her marriage in his/her country. On the part of the Filipino spouse, he/she should file a case for the judicial recognition of the foreign judgment or divorce decree.

When is the judicial recognition of foreign judgment/ divorce decree applicable? It is applicable when one of the parties to the marriage is a foreigner; and, the foreigner obtains a valid divorce/ nullity of marriage in his/her country. It is not essential that the union/marriage be a mixed marriage from the beginning: meaning, one of them is a foreigner during marriage. A judicial recognition of foreign judgment can still be had by a former Filipino who acquired a foreign nationality then was granted divorce in his/her country.

Before getting married again in the Philippines, it is mandatory for any divorced individual to go to court to secure a judicial recognition of their divorce decree. There is no other way.

The judicial recognition of a foreign judgment is based on Rule 108 of the Rules of Court as enunciated in FUJIKI vs. MARINAY, et. al., G.R. No. 196049, June 26, 2013, to wit:

Since the recognition of a foreign judgment only requires proof of fact of the judgment, it may be made in a special proceeding for cancellation or correction of entries in the civil registry under Rule 108 of the Rules of Court. Rule 1, Section 3 of the Rules of Court provides that 鈥淸a] special proceeding is a remedy by which a party seeks to establish a status, a right, or a particular fact.鈥� Rule 108 creates a remedy to rectify facts of a person鈥檚 life which are recorded by the State pursuant to the Civil Register Law or Act No. 3753. These are facts of public consequence such as birth, death or marriage, which the State has an interest in recording. As noted by the Solicitor General, in Corpuz v. Sto. Tomas this Court declared that 鈥淸t]he recognition of the foreign divorce decree may be made in a Rule 108 proceeding itself, as the object of special proceedings (such as that in Rule 108 of the Rules of Court) is precisely to establish the status or right of a party or a particular fact.鈥�

Rule 108, Section 1 of the Rules of Court states:

Sec. 1. Who may file petition. 鈥� Any person interested in any act, event, order or decree canadadrugs24 the civil status of persons which has been recorded in the civil register, may file a verified petition for the cancellation or correction of any entry relating thereto, with the Regional Trial Court of the province where the corresponding civil registry is located.

Thanx for your help! I hope I wont need it however :-) A phenomena worth mentioning: We dont have a "family code" in Sweden, cause "family" with the father and mother roles is considered non equal and old fashioned and here equality comes first regarding everything, including mutual support responsibility for the kids, no matter if the parents are straight, homo sexual, trans or whatever.