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While divorce is not recognized in this jurisdiction, it is acknowledged that divorce is a possibility in marriages between a Filipino and an alien national. “Where a marriage between a Filipino citizen and a foreigner is validly celebrated, and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have the capacity to remarry under Philippine law.” Article 26 recognizes the validity of a foreign divorce decree obtained by the alien spouse.
In the scenario where a foreign national obtains a divorce in his country of residence (should be allowed by Australian law) capacitating him/her to remarry, the Filipino citizen spouse can also remarry under Philippine law. However, for the divorce obtained abroad to be legally binding under Philippine laws, the divorce must be recognized or acknowledged in the Philippines. This is done by filing a petition for judicial recognition of foreign divorce before the appropriate Regional Trial Court.
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