Showing posts from March, 2010

MARRIAGE MATTER: Petition for Recognition of a Foreign Divorce

I received a Request For Legal Assistance Form from a sister A of Marikina City. She is asking the J. Reuben Clark Law Society Legal Aid to assist her in filing a nullity of marriage against her former husband, J. However, the review of the facts of the case finds the application of the relative divorce provision found in the second Paragraph of Section 26, of the Family Code which states:
"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)"

The Facts: