05/06/2025
The Supreme Court has ruled that when a Filipino asks a Philippine court to recognize a foreign divorce, they only need to prove the law of the country where the divorce was obtained-not the law of their foreign spouse's nationality.
Read below.
The (SC) has ruled that when a Filipino asks a Philippine court to recognize a foreign divorce, they only need to prove the law of the country where the divorce was obtained โ not the law of their foreign spouseโs nationality.
In a Decision written by Associate Justice Henri Jean Paul B. Inting, the SCโs Third Division sent a case back to the Court of Appeals (CA) to give a Filipina a chance to properly prove the divorce laws of Kentucky, United States of America (U.S.A).
The Filipina married a Peruvian citizen in New Jersey, U.S.A; they later settled in Kentucky. Due to marital issues, the husband ended the marriage by obtaining a divorce decree from a Kentucky court.
The Filipina then filed a petition before the Regional Trial Court in the Philippines to have the divorce recognized. She submitted a copy of the divorce decree, along with printouts of Kentucky and Peruvian marriage laws.
The SC clarified that in recognition of foreign divorce cases, what matters is the law of the country that issued the divorce decree. Since the divorce was granted in Kentucky, only Kentucky law needed to be proven.
The SC explained that under Article 26 (2) of the Family Code, a Filipino may remarry if their foreign spouse gets a valid divorce abroad that allows them to remarry. Philippine courts must first determine if the divorce was valid under the applicable foreign law, and the Filipino spouse must prove this law.
The SC also emphasized the relevance of the international law principle of comity of nations. This principle allows judicial acts of one country โ such as court rulings or decrees โ to be recognized in another, based on mutual respect between states. It also acknowledges the authority of a foreign state not only over its citizens but also over other individuals under its jurisdiction, like legal residents.
However, the SC returned the case to the CA to give the Filipina, who submitted a mere printout of Kentucky law, a chance to submit the proper documents.
Read the full text of the Press Release at https://tinyurl.com/4jhyh8vv.
Read the full text of the Decision at https://tinyurl.com/ympmypuz.
Copying of this content is subject to the SC PIOโs Credit Attribution Policy: https://sc.judiciary.gov.ph/credit-attribution-policy/.