Divorce and Philippine Law

The Philippines doesn't have absolute divorce; it has annulment. There is, however, what is known as partial or relative divorce; the actual term is legal separation. Regarding absolute divorce the following rules are to be observed:

1.) If a divorce case is brought in a Philippine court, regardless of the nationality of the parties, it won't be entertained.

 

2.) If the divorce suit is brought in a foreign court, the following things will happen:

a.) If between Filipinos -won't be recognized in the Philippines (due to nationality).

b.) If between foreigners -will be recognized in the Philippines if the foreign court has the jurisdiction to grant divorce and if the divorce is recognized by the personal law of the parties (national or domiciliary law.)

c.) If between a Filipino and a foreigner -recognized in the Philippines if obtained by the foreigner and valid according to his/her personal law.

 

If the Filipino spouse is the innocent party, the courts have decided that the divorce should be recognized in order to afford legal protection to the Filipino spouse.