Dear Atty. Duran-Schulze,
Can you help me and my wife with this problem? I would like to know how to change the surname of my wife from her prior marriage and officially revert her name to mine, even in official documents like her passport.
We managed to get married in the Philippines. However, she still carries the name of her former husband, a Japanese. They got divorced in Japan but divorce is still not recognized in the Philippines.
Can this be done? Hoping you can help.
Answer:
Hi Max,
A Filipino citizen who gets married to a foreigner then seeks a divorce afterward can remarry. However, the divorce must be validly obtained abroad.
Prior to validly remarrying, the divorced Filipino spouse must file a petition for judal recognition of foreign divorce decree (Republic of the Philippines v. Florie Grace M. Cote) in application of Article 26 Paragraph 2 of the Family Code.
Going back to your case, your wife should make two requests in the appropriate Court: A Recognition of Foreign Divorce decree and Cancellation of Entry of Marriage. But even if the Court grants these, your wife still cannot automatically use your last name. That’s because divorce was still not recognized in the Philippines when you and your wife got married. That said, your wife did not have the capacity to remarry.
Note, though, that you must have been able to prove the occurrence of the divorce on foreign soil, backed by the corresponding foreign laws that made the divorce possible. The best proof of this is a copy of the divorce decree that has been presented and submitted as evidence. This is the most plausible reason why you got the approval to get married.
We hope that you and your wife resolve this issue concerning her surname soon. For further assistance, Duran & Duran-Schulze Law is ready to assist you. Call us at (+632) 478 5826 or send an email to info@duranschulze.com. You can also send your message to us here.
Please be informed that the legal opinion above is based solely on facts provided to us and our appreciation of the same.
One Response
Dear Attorney,
Hope this message finds you well. I am Michelle, an immigrant in the US. I’ve been searching and inquiring on practical and efficient options or solutions for my situation with my Phil. marriage / US divorce. I found your contact information in your website.
This is in relation to my request for state board verification of my PRC – Registered Nurse license. I am unable to proceed with the PRC process because my name is not updated in their system. I still have my former married name. On the contrary, I have reverted to using my maiden name as my last name since my US divorce and US citizenship. I had my divorce decree in 2009, and became a US citizen in 2011. Presently, PRC asked me about the PSA marriage certificate with divorce annotation so that they could make the change of my last name. I am in a tight spot, as the time is clicking on me for the state board processing time allotment as it’s time-sensitive which needs prompt submission of complete requirements.
I currently live abroad and looking to transact remotely or all online. I’m also searching about the assistance of US – Phil Embassy Consulate.
I have a very limited period of time to complete and submit the documents to CGFNS and New York State OP regarding the update of the entry of my current legal last name in my PRC document. Kindly advise the practical, and efficient options, please.
Looking forward to your response at your earliest convenience, please. Thank you.
Sincerely,
Michelle De La Rima