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Free Legal Advice Philippines » FREE LEGAL ADVICE » FAMILY AND MARRIAGE » having divorce recognized in the philippines

having divorce recognized in the philippines

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edelweisse


Arresto Menor

We are Filipinos living abroad. If we decide to divorce here (while still having Filipino citizenship) will it still be recognized in the Philippines? or do we wait until we become naturalized citizens of this country before we jump into divorce, then have it recognized in the Philippines?

Please advise.

Thanks.

ibonidarna

ibonidarna
Reclusion Perpetua

If both of you are Filipinos divorce will not be recognized under the Philippine law. If at least one of you is naturalized under the country you are in and divorce is allowed, then you may do so.

Better have it annulled if it would be quite a time before either of you is naturalized.

edelweisse


Arresto Menor

Thanks Ibong Adarna.

My husband will be filing for annulment next week . But i'm still keen on filing a divorce (probably before the year ends, when i get naturalized) because i want the alimony, custody rights done here and not in the Philippines. Anyway, will it affect the speed of annulment decision if the family court in the Philippines knows that i am filing a divorce at the same time? I hope not, so please advice.

attyLLL


moderator

i agree that you should wait till you are naturalized to file for divorce, and it may be better to do it where you are based.

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