Flashcards Studio

Maria, a Filipino citizen, marries Daniel, a Dutch national, in Manila in 2012. They establish domicile in the Netherlands in 2014 and live there until 2023, when Daniel obtains a Dutch divorce from Maria on the ground of irreconcilable differences. Maria now intends to remarry in the Philippines. (a) State the controlling doctrine on whether a foreign divorce dissolves a mixed marriage and the effect of that divorce on Maria’s status as a spouse under Philippine law. (b) Distinguish the effect of foreign divorce on the status of the marriage from its effect on the right of the parties to remarry in the Philippines. (c) Apply to these facts: is the Dutch divorce recognized to dissolve the marriage for purposes of Philippine law? If not, what remedy would allow Maria to remarry lawfully in the Philippines?