Q. Hi, please hear my story. I got married in the Philippines. And my wife is now in Canada and I am here the Philippines. Is it possible that my wife can file a divorce there in Canada even though we got married here?
If yes, will I be notified by the Canadian court about the divorce proceedings? You see I heard a lot of stories to the effect that Filipinos are getting divorce in Canada and got married again in Canada. I heard that the reason this is commonly done it’s because divorce is cheaper and easier than having an annulment proceedings in the Philippines.
Please I really need an answer about this issue. I hope you can clear my mind on these matters. Thank you very much and more power to you! God bless! AJ
Ans: Hi AJ , if your wife is a Canadian citizen and have complied with the residential requirements in the place of jurisdiction where the divorce proceedings in Canada is initiated, she can initiate divorce proceedings in Canada or in other jurisdiction where divorce is recognized.
The judgment or Divorce decree issued by the Canadian Court to a Canadian citizen may be recognized in the Philippines, and will in effect terminate or dissolve an existing marriage.
As a general rule, divorce is not recognized in the Philippines, being contrary to public policy . There is however an exception to this rule in the case of mixed marriage, wherein a Filipino is married to a foreigner.
Under Art. 26 of the Family Code, in a mixed marriage between a Filipino and a foreigner, any divorce obtained by the said foreigner abroad, the Filipino spouse is deemed capacitated to remarry as their marriage in the Philippines is deemed extinguished by virtue of the divorce decree .
Thus, assuming that the spouse seeking the Divorce is a foreigner , definitely it is less expensive and more practical way of severing or terminating marital ties , rather than through the annulment proceedings in the Philippines which is more expensive and tedious.
However, if the spouse initiating or filing the divorce in Canada is still a Filipino citizen, such divorce even if granted by the court in Canada , will not have any legal effect on the subsisting marriage. This means that the marriage is still subsisting. Looking forward you’ll find the above in order. Thank you for writing.