Do you want to remarry in the Philippines? Learn how can divorce in Canada be recognized in the Philippines:
Your Filipino Lawyer in Toronto from AJ Law LLP can help you.
There is still no general divorce in the Philippines, but certain divorces obtained in Canada can be recognized there. A Canadian divorce can be recognized in the Philippines if at least one of the spouses was a non-Filipino when the divorce took place.
The citizenship at the time of the divorce is what matters
What matters is the citizenship when the divorce took place. Even if the couple were both Filipinos when they married, the Canadian divorce can be recognized in the Philippines if one or both of them is no longer a Filipino citizen when the Canadian divorce is approved.
This is true even if the Filipino spouse was the one who applied for divorce. So long as one of them was not a Filipino, it does not matter whether the divorce was initiated by the Canadian or Filipino spouse.
How can it be recognized?
After the divorce in Canada becomes final, a case for its recognition can be filed with a court in the Philippines. The object of the case is to prove that the divorce took place and was valid in Canada.
Who can file the case?
Either ex-spouse can file the recognition case. Once the court accepts the case, it will send notice of the proceedings to the other ex-spouse.
Where is the case filed?
If the couple was married in the Philippines, the case to recognize their Canadian divorce should be filed in the city or province where the marriage took place.
If they were married outside the Philippines, the case is typically filed in Quezon City because that is where the national office of the Philippine Statistics Authority / Civil Registrar General is located.
What is needed for the court case?
The Philippine case is not meant to redo the divorce that already became final in Canada. Instead, its purpose is simply to prove to the Philippine court the fact that the divorce took place.
This is done by presenting the following documents to the Philippine court:
- Petition for Recognition of Foreign Divorce
- Affidavit of a witness
- Marriage certificate
- Proof of date of citizenship
- The Canadian divorce order
- The Canadian divorce law
Since they are to be used in a Philippine court, the documents originating from Canada must be authenticated by the Philippine Consulate.
It is preferable that the applicant should testify to these documents at the trial.
Because of the pandemic, Philippine courts have adopted video conference court hearings which may allow testimony to be received remotely.
How to be Legally Separated with the help of a Filipino Lawyer in Toronto
What happens when recognition is granted?
The court will issue a decision recognizing the Canadian divorce under Philippine law. The court’s decision will direct the Philippine civil registry system to annotate the marriage record to reflect the Canadian divorce.
Recognition of the Philippine divorce will also allow the Filipino to remarry under Philippine law. We can arrange to help you with all these as well. You may find more resources related to this at http://www.lawyerphilippines.org/
You can talk to our Filipino Family Lawyer in Toronto to guide you to understand more about the process of divorce in Canada and having it recognized back home. Contact AJ Law LLP’s Divorce Lawyer by calling us at +1 (416) 409-5991 or via email at [email protected] You can also visit our website at www.ajlawpartners.ca for more information about our Law Firm.