Last reviewed: 28 October 2026
Quick answer
You can usually divorce in Australia if either spouse is an Australian citizen, is domiciled in Australia, or has ordinarily lived here for 12 months, even if you married in the Philippines. The harder question is whether the Philippines will recognise that divorce. The Philippines still has no general divorce law for non-Muslims. A foreign divorce is recognised there only in certain mixed-nationality cases, including where a Filipino spouse became a foreign citizen before the divorce, and only after a Philippine court petition. Until then, a Filipino spouse who remarries risks problems under Philippine law. Child support can be enforced between the two countries, but the Hague Child Abduction Convention is not yet in force between them.
Filipino and Chinese-Filipino families form a large community in Australia, and many keep property, businesses and close family in Manila, Cebu and elsewhere. For these families, an Australian divorce is often only half the job.
Divorcing in Australia
At least one spouse must:
- be an Australian citizen;
- be domiciled in Australia, treating it as home and intending to stay indefinitely; or
- have ordinarily lived in Australia for the 12 months before filing.
You must have been separated for 12 months with no reasonable likelihood of reconciliation, which can include separation under one roof. Couples married less than two years need a counselling certificate or an explanation. A Philippine marriage certificate issued by the Philippine Statistics Authority (PSA) needs to be filed with the application.
The divorce ends the marriage under Australian law. Property and children are separate. Married couples must generally apply for property orders within 12 months after the divorce becomes final.
Serving a spouse in the Philippines
The Philippines joined the Hague Service Convention in 2020, so Australian court documents can be served there through the Convention process. Documents must be served at least 42 days before the hearing.
Is there divorce in the Philippines?
As at October 2026, the Philippines has not enacted a general divorce law. Divorce bills have passed the House of Representatives in the past and are pending again, but none has become law. Check the current position before relying on this.
The options within the Philippines are:
- Declaration of nullity, for example on the ground of psychological incapacity under Article 36 of the Family Code. In 2021 the Supreme Court held that psychological incapacity is a legal concept, not a mental disorder, which has made these cases more workable.
- Annulment, on limited grounds that existed when the marriage was celebrated.
- Legal separation, which allows spouses to live apart and divide property but does not end the marriage.
- Divorce for Muslims, under the Code of Muslim Personal Laws.
These proceedings are often slow and expensive. Many Filipino families in Australia therefore look to an Australian divorce instead.
Will the Philippines recognise an Australian divorce?
This depends on the spouses’ citizenship at the time of the divorce.
A Filipino married to a foreigner. Under Article 26 of the Family Code, where a Filipino and a foreigner are married and a divorce is validly obtained abroad that allows the foreign spouse to remarry, the Filipino spouse can also remarry under Philippine law. In 2018 the Supreme Court confirmed this applies even where the Filipino spouse started the divorce.
A Filipino who became an Australian citizen. The Supreme Court has held that what matters is citizenship when the divorce is obtained, not when the couple married. Where two Filipinos married and one later became an Australian citizen before the Australian divorce, the divorce can generally be recognised.
Both spouses still Filipino citizens only. Where both spouses were still only Filipino citizens at the time of the divorce, for example permanent residents in Australia who have not naturalised, the Philippines generally will not recognise the Australian divorce. The Australian divorce is still valid in Australia, but under Philippine law the marriage continues.
Dual citizens. The position of a spouse who holds both Philippine and Australian citizenship, for example after reacquiring Philippine citizenship, is not settled. Take advice before relying on recognition.
How recognition works
Recognition is not automatic. The spouse must file a petition in a Philippine court, usually where the marriage is registered, and the local civil registrar is a party. After the court decision, the marriage record is annotated with the Local Civil Registry and the PSA. Only then can the Filipino spouse safely remarry in the Philippines.
In October 2026 the Supreme Court approved amendments to the Rules of Court that make this easier. A foreign divorce decree granted without restrictions will be presumptive evidence that the foreign spouse can remarry, so the petitioner no longer has to prove the foreign divorce law in detail. A court petition is still required.
For recognition, the Australian divorce order needs to be apostilled. The Philippines is part of the Apostille Convention, and our firm’s notary public can assist with the documents.
Remarriage and the risk of bigamy
A Filipino citizen who remarries before the foreign divorce is recognised in the Philippines may face serious problems there, including questions over the validity of the new marriage and the status of children and inheritance. If you plan to remarry, own property in the Philippines, or may inherit there, plan for recognition early.
Property in Australia and the Philippines
An Australian court considers all property and debts of both spouses, including houses, condominiums, businesses, bank accounts and investments in the Philippines. Each party must fully disclose their finances. Since 10 June 2025, the Family Law Act sets out the property framework directly, including the economic effect of family violence and children’s housing needs.
An Australian court cannot change title to property in the Philippines. It can order a spouse to transfer or sell it, or adjust what each spouse receives from Australian assets.
Under Philippine law, marriages since 1988 are governed by absolute community of property unless the couple made a marriage settlement. Foreigners generally cannot own land in the Philippines, so land is usually in the Filipino spouse’s or relatives’ names. Philippine courts have refused to reimburse a foreign spouse who paid for land in breach of that rule. An Australian court looks at contributions rather than title alone, which can matter for a non-Filipino spouse.
Children
In Australia, parenting decisions are made in the child’s best interests. Since May 2024 there has been no presumption of equal shared parental responsibility. In the Philippines, a child under seven is generally not separated from the mother unless there are compelling reasons.
The risk of a child being taken to the Philippines
The Philippines joined the Hague Child Abduction Convention in 2016, but Australia has not accepted its accession. The Convention is therefore not in force between the two countries, and an Australian parent cannot use it to seek a child’s return from the Philippines.
Prevention is critical. An Australian court can order that a child be placed on the Family Law Watchlist, that passports including Philippine passports be surrendered, and that a parent not take the child overseas. These orders can be sought urgently.
Child support
The Philippines is a reciprocating jurisdiction for child support. Services Australia can assess and collect child support where one parent lives in the Philippines.
Resolving it by agreement
Mediation, including online, can resolve parenting and property issues without parallel proceedings. An agreement can be made into Australian consent orders, with steps such as recognition and property transfers in the Philippines handled alongside.
Frequently asked questions
We married in the Philippines. Can we divorce in Australia?
Yes, if one of you meets the Australian requirements.
I am Filipino and my husband is Australian. Will the Philippines recognise our Australian divorce?
Generally yes, once a Philippine court grants a recognition petition and the record is annotated.
We are both Filipino citizens living in Australia. Can we divorce here?
Yes, under Australian law. But unless one of you became a foreign citizen before the divorce, the Philippines will generally not recognise it.
Can I remarry in the Philippines after an Australian divorce?
Only after the divorce is recognised by a Philippine court and annotated with the civil registry and PSA.
What if my child is taken to the Philippines?
The Hague Convention is not in force between Australia and the Philippines, so prevention is key. Seek orders before travel if you are concerned.
Can I get child support from a parent in the Philippines?
Yes. The Philippines is a reciprocating jurisdiction for child support.
How we help
Chua Tan Associates has practised in Melbourne since 1990 and advises Filipino and Chinese-Filipino families on matters in both countries. Our firm’s notary public prepares documents for use in the Philippines, and we work with Philippine lawyers on recognition petitions and property steps there.
Our principal, Justin Chua, is a Nationally Accredited Mediator, Family Dispute Resolution Practitioner and family law arbitrator. We help with:
- divorce in Australia after a Philippine marriage;
- planning for recognition of the divorce in the Philippines;
- property settlements involving Philippine assets;
- urgent orders to prevent a child being taken overseas;
- child support where a parent lives in the Philippines.
The initial consultation is a paid 30-minute consultation by video or in Melbourne. Contact us to book.
This article is general information only and is not legal advice. Philippine law points are a general overview; advice from a Philippine lawyer is needed for recognition petitions and other steps in the Philippines.
Official sources
Cross-border separation guides for other countries
Chua Tan Associates acts for families and their professional advisers on Australian legal matters with a cross-border dimension, working alongside lawyers overseas. To arrange a confidential consultation, please contact our Melbourne office on +61 3 9602 3988 or submit an enquiry. Advice is available in English, Mandarin and Cantonese.
Justin Chua (蔡智勋), lawyer and mediator, Chua Tan Associates, Melbourne. General information only, not legal advice.
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