A couple living in the Philippines can often divorce in India if the marriage was solemnised or registered under Indian law, or the parties last lived together in India, or the respondent lives there. Mutual consent is quickest. After the Indian decree, the Filipino spouse files a petition for judicial recognition of foreign divorce in a Philippine Regional Trial Court, proving the decree and the Indian law, before the PSA record is annotated and they can remarry.
- Document route
- Philippine notary public, then DFA apostille
- Time difference
- IST is 2h30 behind Philippine time all year (no daylight saving)
- Main laws
- Hindu Marriage Act 1955, Special Marriage Act 1954
- Mutual consent
- Section 13B, after 1 year of separation
Divorce for NRIs from the Philippines: how it works
We first check which Indian law governs the marriage. A marriage solemnised by the Embassy marriage officer falls under the Foreign Marriage Act, which applies the divorce provisions of the Special Marriage Act; a Hindu ceremony in India between Hindus falls under the Hindu Marriage Act; a purely Philippine civil wedding between an Indian and a Filipino raises jurisdiction questions that must be answered before anything is filed. Both spouses then sign their affidavits and vakalatnamas before a Philippine notary, with DFA apostille, and we file in the competent family court or district court in India.
Indian courts generally expect the parties to appear for recording of statements in a mutual consent case, and several now allow this by video for spouses abroad. The statutory waiting period between the first and second motions can be waived in suitable cases. Once the decree is passed we obtain certified copies, have them apostilled through the Ministry of External Affairs and send them to the Philippine lawyer handling recognition. That court will want proof of the Indian statute, so we prepare an affidavit on Indian law in a form Philippine courts are used to receiving.
What clients in the Philippines should know
- Under Article 26 of the Family Code and the Manalo ruling, the Filipino spouse can rely on a foreign divorce in a mixed marriage, but only after a Philippine court recognises it.
- Custody and support orders made in India are not automatically enforced in the Philippines, so the settlement should be drafted with enforcement in both countries in mind.
- A Philippine declaration of nullity is not automatically treated as a divorce in India; it must meet the tests set by the Supreme Court in the Narasimha Rao case.
Step by step from the Philippines
Video consultation
A call at a time that suits the Philippines, after we have read your documents.
Documents signed in the Philippines
Philippine notary public, then DFA apostille
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in the Philippines where needed.
The full guide
This page covers what changes when you are in the Philippines. For the law, the documents and the step-by-step procedure, read our main page on Divorce for NRIs, or see all services for clients in the Philippines and the Cross-Border Family Law practice area.
Questions from clients in the Philippines
Can we file mutual consent divorce in India while both of us live in Manila?
Yes, if an Indian court has jurisdiction. Affidavits are signed in the Philippines with apostille, and appearance can often be arranged by video, though some courts still insist on one visit.
Will the Indian divorce let my Filipino ex-wife remarry?
Not immediately. She must first obtain a judgment from a Philippine Regional Trial Court recognising the Indian decree, after which the civil registry annotates her marriage record.
What if my spouse in the Philippines refuses to cooperate?
A contested petition is possible on grounds such as cruelty or desertion, but service in the Philippines, evidence and appearances all take longer. We assess the grounds before advising you to file.