Filipino Can Divorce non-Filipino outside Philippine

I often hear some people saying “Filipino in Japan cannot divorce because a family code of Philippine does not allow to divorce.”

After looking up law books, I found out that there was a way to divorce if the Filipino divorce non-Filipino outside of Philippine.

Here is the article of Family Code of Philippine which states international divorce outside Philippine;

Art. 26. All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35 (1), (4), (5) and (6), 3637 and 38. (17a)

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 capacity to remarry under Philippine law. (As amended by Executive Order 227)

It means that the divorce between Filipino and non-Filipino which was executed based on Japanese law is legally accepted by the Filipino government. You need to notify the consulate general of Philippine with notarized document (for example, a Koseki Tohon of your former spouse in which the fact of divorce is stated).

If your spouse is not Japanese, you should make sure if the divorce by Japanese way can be legally admitted in the other person’s country.

Multilingual Info for Non-Japanese DV Survivors

Gender Equality Bureau of Cabinet Office provides the information for DV Survivor on its website. There is the information for non-Japanese survivors, too.
This information is provided according to the DV prevention Act.

Information for DV Survivor provided by Gender Equality Bureau, Cabinet Office


Human Rights Counseling Centers For Foreigners

Spousal Violence Counseling and Support Centers

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