Divorce in the Philippines has been a widely discussed topic over the years. Despite growing public support, the Philippines—along with Vatican City—remains one of the only countries in the world without a general civil divorce law.

Over the years, lawmakers have filed several versions of the proposed Absolute Divorce Bill, seeking to allow couples to legally dissolve their marriage and remarry under Philippine law.

However, despite reaching the third reading in the House of Representatives, House Bill No. 9349 or the ‘Absolute Divorce Act,’ did not become law after the Senate failed to act on it before the 19th Congress adjourned, causing the bill to lapse.

Now, the topic of divorce resurfaced online after Filipino actress Barbie Forteza revealed her dream wedding during a media event for her upcoming film ‘Saving Cherry.’

“I wanna get married in Vegas, in Vera Wang, para may divorce,” she said.

However, Forteza’s—and many other Filipinos’—assumption that they could nullify their marriage by marrying and obtaining a divorce in a foreign country is not what Philippine law provides.

Divorce for two Filipino citizens

Atty. Rochelle Marie J. Cortez, litigation lawyer from Cortez Law Office and a law professor at Arellano University School of Law and University of Nueva Caceres, clarified that two Filipino citizens cannot legally get divorced abroad.

“No. Philippine law does not allow Filipino spouses to dissolve their marriage by obtaining a divorce abroad,” she told POP! “Two Filipinos cannot legally get divorced abroad. If the spouses are Filipino citizens when they married, a foreign divorce will generally not be recognized in the Philippines if both remained Filipino citizens at the time of divorce.”

This is based on the Article 15 of the Civil Code of the Philippines which reads:

“Article 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad.”

This states that Philippine laws about family relationships and personal legal status continue to apply in every Filipino citizen wherever they are.

What if a Filipino divorces a foreign spouse abroad?

Philippine courts can recognize foreign divorce as long as the other spouse has a foreign citizenship and the divorce is valid under the foreign spouse’s national law.

“Filipinos previously married to foreigners can seek judicial recognition of their foreign divorce under Article 26, paragraph 2 of the Family Code,” Cortez said.

The article allows a Filipino citizen to remarry after their foreign spouse obtains a valid divorce abroad that allows that spouse to remarry. It also “prevent[s] a situation where a foreign spouse can remarry while the Filipino spouse remains bound by the marriage.”

Cortez also added that in Republic v. Ng, G.R. No. 249238 (February 27, 2024), the Supreme Court ruled that it does not matter whether the foreign divorce was obtained through a court (judicial divorce) or through an administrative process.

The only important question is: ‘Is the divorce valid under the foreign spouse’s national law?’

But despite being acknowledged, foreign divorce does not automatically take effect in the Philippines.

“A petition for judicial recognition of foreign divorce should first be filed in court. For said petition to prosper, the party pleading it must prove the fact of divorce and the national law of the foreign spouse,” Cortez clarified. “Before a foreign divorce decree can be recognized by the court, the party pleading it must first prove the fact of divorce and its conformity to the foreign law allowing it.”

This shows that a foreign divorce does not automatically change a Filipino’s civil status in the Philippines. Until a Philippine court recognizes the divorce, the Filipino remains legally married under Philippine law and cannot remarry.

Common misconceptions

Forteza’s case shows one of the common misconceptions of Filipinos about foreign divorce.

With years of experience as a litigation lawyer handling family court cases, Cortez noticed some errors in people’s understanding about it.

The first is similar to the actress’s take: obtaining divorce abroad is the easiest way to dissolve a marriage bond and that there will no longer be any grounds (example psychological incapacity) to prove and appear in court proceedings.

“Second, [some people think] getting divorced abroad is automatic in a way that it is instantly recognized in the Philippines, and third, [that] it is less costly,” she added.

These misconceptions often lead Filipinos to believe that having a divorce outside of the country is their way out. But it is clearly not the case.

In connection to Forteza’s dream wedding, a divorce in Las Vegas usually costs between $1,500 and $7,000 if both spouses agree on everything. If they disagree and the case goes to court, the cost can increase to $10,000 to $40,000 or more.

Despite new divorce bills having been refiled in the 20th Congress, as of 2026, the Philippines still has no general civil divorce law and only rely on declaration of nullity and annulment to legally end their marriage in the country.

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