Marriage is “forever” for most Filipinos. Divorce is not an option. The Philippines is one of only two countries in the world that do not allow divorce. The other is Vatican City. Thus, Filipinos who are separated from their spouses can only apply for divorce abroad. In Canada, home to close to a million Filipino expatriates, the divorce process is clear and simple. In contrast, getting an annulment in the Philippines is complicated and results are uncertain.
The grounds for the annulment of marriage in the Philippines are strict and must exist at the time of marriage. However, relationship breakdowns naturally happen after marriage. This is the reason most marriage breakdowns do not qualify for an annulment in the Philippines. Legal separation is a remedy but that is another topic for discussion. If you’re Filipino (or born Filipino) and are considering applying for a divorce in Canada, continue reading to know more.
What is divorce?
Divorce is the legal dissolution of a marriage by a court or other competent body. This means marriage no longer has an effect and a person with a “divorced” status can remarry as if their status is “single”. Many Filipinos are naturally confused by this because the concept is completely foreign to them. In the Philippines, marriage continues to have legal consequences even if the couple is in fact already separated. Filipinos have a Tagalog saying “ang kasal ay hindi parang mainit na kanin na pag napaso ka, iluluwa mo na”. Translate that into English and write your comments below. It is surprising for some Filipinos to learn that, outside the Philippines, divorce is allowed in every country except the Vatican.
What is an annulment of marriage?
Annulment is the declaration by a court that the marriage is null and void. Like divorce, this also means that the marriage is no longer in effect. However, unlike divorce, an annulled marriage is usually considered null and void from the beginning (at the start of marriage), not just when the annulment was granted. This is because the grounds for annulment must exist at the time of marriage.
What’s the difference between Divorce in Canada and Annulment in the Philippines?
The grounds for divorce in Canada are the following:
- being separated for at least one year;
- adultery; and
- physical or mental cruelty.
Some grounds for annulment of marriage in the Philippines are the following:
- marriage between minors;
- marriage solemnized without a marriage license;
- marriage solemnized by a person not authorized;
- psychological incapacity;
- lack of parental consent;
- consent obtained by fraud, force, intimidation, or undue influence;
- either party was physically incapable of consummating the marriage with the other; and
- either party was afflicted with a sexually transmissible disease.
The most important distinction between the grounds for annulment or divorce is the timing.
For divorce, the grounds can happen after the marriage. For annulment, the grounds must exist at the time of marriage. This explains why the effect of an annulment is that the marriage is void or without effect from the beginning. Also, note that being separated in fact for at least one year is sufficient grounds for divorce. It does not matter what caused the separation. In Canada, a married person can decide to separate for any reason. There is no need to explain or give reasons.
Looking For An Advice About Divorce
If you need further advice and assistance on how to get a divorce in Canada, you may give us a call at 1-855-522-5290 or send us a direct message on our Facebook Page.
Frequently Asked Questions (FAQs)
Can I get divorced in Canada even if I’m not a Canadian citizen?
Yes. You may apply for a divorce order even if you’re not a Canadian citizen. Permanent and temporary residents including foreign students, workers, or visitors, may apply for a divorce if all other requirements are met.
Can I get a divorce in Canada even if I’m only a visitor?
Yes. A foreign visitor may apply for a divorce in Canada. The minimum requirement is that the applicant has been a resident of Canada for a least one year.
Do I need a lawyer to file an application for divorce?
No. Hiring a lawyer is not mandatory but is recommended if you are not familiar with the rules.
Can I hire someone else, not a lawyer, to help me with the divorce application?
No. Only licensed lawyers are allowed to advise and represent you for the divorce application.
How long does it take to get a divorce?
It used to take only a few months (less than a year) to get a divorce order (pre-COVID) but this can vary depending on many factors.
What can cause a delay in getting a divorce?
One of the most common causes of delay is the service of documents, especially if the respondent (your ex-spouse) lives outside of Canada. “Service” means providing a copy of your divorce application documents to the respondent. This is an essential part of the process and will cause a delay if not done according to the rules. Another cause of delay is if no reasonable arrangements have been made for the support of any children of the marriage.
Do I have to be present in court for the divorce application?
No. Generally, you do not need to attend court particularly if the divorce is uncontested. Uncontested means that your divorce application is not being opposed by the respondent.
Do I need to get divorced if I’m applying for permanent residency in Canada and am already separated from my spouse in the Philippines?
No. However, getting a divorce order can be useful in case you are applying to become a permanent resident in Canada and are already separated from your spouse. A divorce certificate is proof that you are no longer married to your ex-spouse and you need not included him or her in your application. It is recommended that you seek the advice of a qualified lawyer for a full discussion.
Can I be charged with bigamy in the Philippines if I get married after a divorce?
It depends. Since the Philippines has no divorce law, a second marriage can be considered bigamous even after getting divorced abroad. Your divorce order (which is a foreign judgment) may need to be recognized by a Philippine court. It is recommended that you seek the advice of a qualified lawyer for a full discussion.
Will my divorce in Canada be recognized in the Philippines?
It depends. Since there is no divorce law in the Philippines, divorce is recognized only for non-Filipino citizens. Your divorce may be recognized in the Philippines if you are no longer a Filipino citizen. This is a complicated topic involving conflicts of international laws. It is recommended that you seek the advice of a qualified lawyer for a full discussion.
Is it cheaper to get a divorce in Canada than to get an annulment in the Philippines?
Generally, yes. While costs vary depending on several factors such as your choice of lawyer, getting a divorce order in Canada is relatively inexpensive.
Do I need to get divorced before I can be in another relationship?
No. Getting separated from a spouse or being in another relationship is a personal decision. It is not affected by whether you are divorced.
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I filed divorce to my x husband and it is contested. My divorce was rejected by the court because I with the help of the paralegal did not reply immediately with the response of the respondent.
Please help me through it.
Thank you.
Hi Rizzy, please send us a message (via the Facebook Messenger button above) or call us at 855-522-5290 so we can privately discuss how we can help you. Thanks.
I wanna get divorce to my ex husband. We’re no longer living together more than 2 years. But I don’t know how much I’m gonna spend for the divorce coz I’m a single mom with 2 kids and I don’t get support from him.
I am respondent received the papers late last yr from my husband in canada and I’m in the Philippines will I still be able to contest now because he declared wrong information on his filing
Hello. It depends on when did you receive the papers and on whether the wrong information is material.
Hello we have the same situation..did you fill up forms for child support and other financial support? Thank you
How to request a certificate of divorce in canada? I’m from the Philippines. My ex remarried while I’m stuck married with him in the Philippines. Someone help me
You may contact us if you wish to avail of our service to obtain a copy of a divorce certificate in Canada.
I filed my divorce here in canada in 2015 before i apply my permanent residence as i was married in the philippines and separated for 10 yrs since my divorce application, 2019 i got my canadian citizenship my annulment in the philippines was denied and my lawyer mentioned my other option is to file recognition of foreign divorce back home, as im still filipino when my divorce filed here in canada is there any best advice that i can do regarding on my divorce here in canada to file recognition of foreign divorce in the philippines?
Hi Vannie,
Thank you for getting in touch with JCA LAW. Someone from our Legal team will be getting in touch with you and will be sending you an e-mail. Salamat.
I’m a dual citizen, filipino and canadian. My ex, born filipino but have been a canadian citizen for 25 years. She has already filed for a divorce and remarried in Canada. Can I file for Recognition of Foreign Divorce? She is a canadian citizen, but born Filipino.
Hello Eduardo, we need more information from you so we can properly address your inquiry. Thank you.
Hi, can I file a case for my canadian husband that abandoning me here in Philippines. He is originally filipino but now canadian citizen. He just ghosted me. And it mentally depressing.
Hi Jona, please send us an email or a private message on Facebook. Thank you.
Hi,
I filed my divorce after my Canadian Citizenship. My next move is to apply for divorce recognition in the Philippines. Can I re-marry while waiting for the recognition?
Thank you.
Hi Chutzi,
Thank you for getting in touch with JCA LAW.
We will be sending out our consultation policy and requirements via e-mail. Salamat.
My wife filed a divorced in canada and she was able to get married in a canadian citizen after that. I just want to ask because in the philippines where still married what can I do to dissolve the marriage, what steps I need to do?
I am a visitor in Canada. I have an approved Court Order for Violence Against Women and Children form the Philippine court because I was mentally abused by my husband. I fled an annulment in the Philippines since 2012 but up t this time, the approval is not yet granted. My husband is a lawyer and he does everything to delay the legal proceedings. Can I file for divorce here without obtaining the consent of my husband?
Hi Beng,
Thank you for getting in touch with JCA LAW. Someone from our legal team will be sending you an email regarding your matter.
we have same issues . it is hard to marry a lawyer .
Hello. I just want to ask i am not planning to get my husband as i am applying for pgwp for this coming month. And back in the philippines we dont have a good relatioship we dont actually live in the same house. And i left my kids to my parents and sometimes he visits them but most of the time he doesnt give them any support unless my parents will remind him to do so. What should i do so i dont include him to my pgwp application.
Hello. Please send us an email or a private message on Facebook. We can only provide general information via these comments but we cannot give personal advice in public. Thank you.
My husband and I have been separated since 2011. We do not have any communication, and a few days ago I found out he is now in Canada. How to ask support and also in our marriage certificate the spelling of my last name was incorrect, is that a ground for nullity of our marriage?
Hello Kristina,
Thank you for getting in touch with JCA LAW. One of our team members will reach out to you.
My spouse (naturalized Canadian) had an extra-marital affair in the Philippines during vacation.
If there’ll be court case to be filed in the Philippines by the affair partner’s spouse adultery and concubinage to both spouse and affair partner (also married) – can he get deported and lose my spouse citizenship?
I filed my divorce last Nov. 2021 and the court grant my divorce last may 2022 in Canada but that time I was applying for PR. Is there any chance that Philippines can recognized my divorce in Canada before I apply my Canadian citizenship? or Do I still need to file an Annulment in Philippines? Because my grounds is I just turn 18 and forced to marry because of teenage pregnancy and I was suffering of Psychological incapacity before and after of marriage. Am I qualified to file annulment or I just need to be a Canadian citizen before I file a Petition for Recognition of Foreign Divorce.
Hello Jen, we need more information from you so we can properly address your inquiry. Please check your email. Thank you.
hi, i was a filipino citizen when i applied for a divorce, what are my option in order for the divorce to be recognized in the philippines now that i am a canadian citizen
Hello Cindy, we will be sending you an email for us to further assist you.
I am a Canadian Citizen living in Philippines, married in Philippines, and seperated in Philippines for 2 1/2 years. Can I return to Canada to obtain a divorce? I lived in Canada for 20 years, but haven’t been back for several years. Do I have to return to Canada and LIVE there for ANOTHER year before I file for divorce, or do my PAST years negate my doing that? Also, Is there another country that could MARRY my current fiance’ and myself without my being a the Ceremony? Absentee? Somehow Notarized? Thailand perhaps? I am DESPERATE!!
I am a Canadian Citizen living in Philippines who has not lived with (or seen) his filipina wife for more than two years. I am moving back to Canada. Can I now marry my fiance’ in Canada as she will be in Canada on a Visitors visa?
I’m a Canadian citizen. I married a Filipino in Singapore, this year, 2023. She divorced her ex-husband, a Filipino citizen, in Singapore, last year, in 2022. My wife intents to visit her family (parents and children) in the Philippines by the end of this year, during her 2 weeks vacation. Is any risk that she will be accused of bigamy in the Philippines, during her stay? Could she face arrest in the Philippines?
I would really appreciate an answer to my question!
Possibly but not likely. Please consult with a licensed legal professional for a full discussion.
I’m currently waiting for my PR approval. I declared my wife in my application but we are separated for 8 years, she is in the Philippines and has no plans of coming here. I have a partner and we are together for 7 years but I didn’t declare her as my common law because I don’t have proof that I ended my previous marriage. If I filed for a divorce here in Canada and marry my partner will I be charged with misrepresentation?
Hello. It is recommended that you obtain a private legal consultation because the matter is sensitive and for you to have proper advice.
Hi I am a canadian citizen . I want to file a divorce . My ex is in Philippines . Our children are in legal age . My question is how much is the legal fee to file a divorce ? Thanks
Hi Chel,
Thank you for getting in touch with us. We will send you an email for our consultation policy and requirements.
Hi, just wanna inquire about my situation. I was divorced in HK 2018 and I just waited the result here in Canada, and I got my citizenship recently and planning to get married in the Philippines. But as they’ve I need to file a petition for recognition of decree/divorce first first. my question is can I file the petition here in Canada? in Philippine consulate? thanks
I am a Canadian divorced From a Filipino in the Philippines who was cheating. I married another Filipina in Hong Kong who now lives with me in Canada. Is it true I can be stopped from entering the Philippines and be arrested for bygamy?
The likelihood for that happening is low. There is no bigamy if your previous marriage was dissolved by a divorce order.
Divorce is not only about dividing assets but also about dealing with emotional turmoil. Having a support system in place, whether it’s friends, family, or a therapist, can make a huge difference.