Key Points
- In Australia, individuals holding temporary visas, such as student visas, are eligible to apply for divorce, provided they meet the legal requirements.
- While an Australian divorce is recognised internationally, it does not automatically dissolve the marriage under Philippine law.
- Even if a Filipino is divorced in Australia, their marriage remains legally valid in the Philippines unless it is annulled.
- Australian law does not allow bigamy or marrying someone while still legally married to another person.
What are the differences between divorce in Australia and annulment in the Philippines?
According to Family Law Expert Atty. Jesil Cajes, divorce in Australia is a straightforward legal process. The law only requires 12 months of separation to recognise the breakdown of a marriage.
Under the country’s ‘no-fault’ divorce system, either party can file for divorce without needing to prove any wrongdoing.
In contrast, the Philippines does not have divorce. Instead, annulment is the legal process used to nullify a marriage, which can be lengthy and costly. The cost of annulment in the Philippines typically ranges from around P300,000 to P400,000, depending on the complexity of the case and the lawyer's fees.
Annulment in the Philippines requires proving specific legal grounds, such as psychological incapacity or fraud.
LISTEN TO THE PODCAST
Can you get divorced in Australia if you were married in the Philippines?
SBS Filipino
04/03/202513:45
Remarrying in Australia
Atty. Cajes explains that a person in Australia can remarry once they receive a final Divorce Order from the court. This legally ends their previous marriage, allowing them to marry again.
However, for Filipinos, remarrying in Australia does not mean their new marriage is recognised in the Philippines. Since the Philippines does not allow divorce, their first marriage remains valid under Philippine law unless they go through an annulment.
Meanwhile, for Filipinos who have become Australian citizens, they can apply for Judicial Recognition of Foreign Divorce from a Philippine court, which allows their foreign divorce to be legally acknowledged in the Philippines.
You can get married in Australia if you have a Divorce Order, even if you're still legally married in the Philippines. However, you can only marry in Australia.
Atty. Cajes further explains, “The problem is you cannot remarry in the Philippines even if you have a Divorce Order in Australia, as the country does not recognise divorce. The issue here is jurisdictional.
What you need to do is file for the recognition of foreign divorce in the Philippines, specifically in the Regional Trial Court where you were married. It is essential to consult a Filipino lawyer to guide you through this legal process."
Bigamy in Australia and the Philippines
In Australia, bigamy is strictly prohibited. Bigamy is the act of marrying someone while still legally married to another person, and it is considered a criminal offense under Australian law.
For Filipinos, remarrying in Australia without securing an annulment or divorce recognition in the Philippines can lead to legal issues when returning home.
Atty. Cajes reminds everyone that whether you are filing for divorce in Australia or seeking an annulment in the Philippines, understanding your rights and obligations is crucial to avoid future legal complications. For Filipinos living in Australia, consulting with family law experts is essential to ensure all legal requirements are met and to navigate any potential challenges.
The information and explanations in this podcast are for general guidance. For personalised advice and details specific to your situation, please consult a legal practitioner in Australia.
