Q. Dear Atty. Wong , I’ve read your column at the “Balita” newspapers about divorce judgment and getting married to the Philippines where you talked about filing a petition in court in the Philippines , for judicial recognition of a divorce decree issued by the Canadian Court.
My question is, what if the divorce decree was granted prior to having Canadian citizenship? I got my divorce when I was still a Filipino citizen to have a legal paper proving custody of my children, who are with me in Canada. Their biological father(my ex-husband) still lives in the Philippines and the divorce were jointly undertaken by both of us. Meaning he consented to the divorce.
My question now is what are the steps that I need to take for the divorce order which was granted prior to my becoming a Canadian citizen be recognized by the courts in the Philippines?
My ex-husband and I also have signed a separation agreement prior to the divorce which details the division of our conjugal properties. This document was notarized in the Philippines and commissioned here in Canada. Are separation agreements recognized in the Philippines? If my ex-husband does not abide by the provisions contained in the separation agreement , is there a way to enforce it. THANK YOU. “L”.
Ans: The divorce that you secured while you were still a Filipino Citizen is null and void as far as the Philippine Law is concerned.
Even assuming that your husband in the Philippines consented with your divorce, the same has no legal effect, because such act was and still is contrary to law and public policy. As Filipino citizen, the civil status and the laws on marriage are governed by Philippine Laws, even residing abroad. (Art. 15-Civil Code of the Philippines as amended).
Clearly , your marriage in the Philippines is still subsisting. Therefore, any subsequent marriage by either of you is also null and void, even if you got married here in Canada… even after you became a Canadian citizen.
You mentioned about signing a Notarized Separation Agreement with your husband, dividing your conjugal properties in the Philippines . Again this agreement is null and void being contrary to law and public policy. Under the law it is only the Court that can authorize the liquidation of conjugal properties of married spouses.
Kindly take note that in Legal Separation, assuming that the same is issued or authorized by the Court, the marriage is still subsisting. What is being separated or severed is the obligation of the couple to live together , to provide material support to each other ; and the liquidation or division of conjugal/matrimonial properties.
The marriage in “legal separation”, for all legal intents and purposes is still subsisting. In other words, despite of the Legal Separation ordered by the court or by the agreement of the parties , the couple is still married to each other. As such they cannot remarry, until their marriage is annulled or terminated.
Now that you are already a Canadian citizen, your remedy is to refile and seek again, a new divorce proceeding before the appropriate Canadian Court. Once the divorce is granted, then you marriage in the Philippines is deemed extinguished. And therefore you can remarry legally.
However, if you have properties in the Philippines that can be considered as “matrimonial or conjugal “ in nature and you want to have your share of it, then you will have to petition the Court in the Philippines for the recognition of your divorce judgment by the Philippine court. If all the documents are in order, this procedure being summary in nature will not take the usually protracted litigation processes.
I suggest that you confer with your lawyer in the Philippines for more details and professional advice. Thank you for writing and good luck!