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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

Alex, a Filipino citizen, marries Lars, a Dutch national, in Manila in 2011. They establish domicile in the Netherlands in 2013 and live there until 2022, when Lars obtains a divorce from Alex in a Dutch court on the ground of irreconcilable differences. Alex 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 Alex’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 Alex to remarry lawfully in the Philippines?

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The foreign divorce may be recognized by a Philippine court to dissolve the marriage for purposes of Philippine law, but such recognition requires a formal petition and a showing that the divorce is valid where obtained. The foreign divorce automatically dissolves the marriage in Philippine law, allowing Alex to remarry in the Philippines without any further action. The foreign divorce has no effect on Alex's status in the Philippines; she remains married unless a Philippine court recognizes the divorce. The foreign divorce dissolves the marriage only if both spouses were domiciled in the foreign country for at least one year.

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