Remarrying in Japan after divorce: spouse visas for Filipinos without judicial recognition

1. Why remarriage is complicated for Filipinos

The Philippines is one of very few countries where divorce is generally not available. (Muslim Filipinos are an exception under the Code of Muslim Personal Laws.) For Filipinos married to foreigners, the Family Code provides one way out:

• Article 26, paragraph 2 of the Family Code: if a Filipino is married to a foreigner and a divorce is validly obtained abroad, the Filipino spouse can also remarry under Philippine law.
• In Republic v. Manalo (2018), the Supreme Court of the Philippines held that this also applies when the Filipino spouse started the divorce.

However, the foreign divorce does not take effect in the Philippine records automatically. You first need a Philippine court decision recognizing it, often called judicial recognition of foreign divorce. Only then can the divorce be annotated on your marriage record with the Philippine Statistics Authority (PSA).

This matters for marrying again in Japan. Japanese municipal offices usually ask a foreign national for a certificate of legal capacity to marry (婚姻要件具備証明書). For Filipinos, this is the Legal Capacity to Contract Marriage (LCCM) issued by the Philippine Embassy or Consulates. For divorced Filipinos, the Embassy and Consulates require the court decision recognizing the divorce and an annotated PSA marriage record. Without judicial recognition, you cannot get an LCCM.

The court process in the Philippines can take a long time and be costly. Many Filipinos living in Japan therefore look for another way.

2. Can you remarry in Japan without judicial recognition?

From the point of view of Japanese law, the answer can be yes.

1. Your divorce is valid in Japan. When one spouse is a Japanese national habitually residing in Japan, divorce is governed by Japanese law (Act on General Rules for Application of Laws, Article 27). A divorce by mutual agreement (協議離婚) registered at a municipal office is therefore valid in Japan.
2. Japan decides for itself whether your previous marriage has ended. Whether you can marry depends on Philippine law, which prohibits bigamy. But whether your earlier marriage has ended is a preliminary question, and Japanese courts decide it under Japanese conflict-of-laws rules. Japan’s Ministry of Justice has also stated that, if a divorce is valid under Japanese law, it is not bigamy to remarry, even if the home country does not recognize the divorce.
3. A marriage registered in Japan can then be valid. A new marriage registered at a Japanese municipal office can be valid under Japanese law, even though the earlier divorce has not been registered in the Philippines.

Since you cannot get an LCCM, the municipal office will ask for other documents instead, such as a sworn statement and your PSA birth certificate. The required documents differ from office to office, so ask the municipal office where you plan to register your marriage before you go.

3. The visa problem before 2024

Even after the marriage was registered in Japan, the next hurdle was the visa. For spouse visas, the ISA asks for a marriage certificate issued by your home country. Filipinos who remarried in Japan without judicial recognition cannot get one, because the Philippines still treats them as married to their former spouse.

In 2020, the ISA stated, in reply to an official inquiry, that the missing Philippine certificate relates to whether the marriage is genuine. It does not mean the marriage is legally invalid. Even so, applications were reportedly refused for some time mainly because the certificate could not be submitted.

4. Current practice since 2024

In 2024, the ISA changed how it handles cases where a marriage certificate from the home country cannot be submitted because a divorce from the previous marriage is difficult to complete in the home country.

Under the current practice, you may be treated as a spouse if both of the following apply:

1. The divorce from your previous marriage was registered at a Japanese municipal office.
2. Your new marriage was then also registered at a Japanese municipal office.

In that case, the following Japanese document can be used instead of a Philippine marriage certificate:

However, whether the marriage is genuine is still examined as before. A spouse visa requires a real married life, not just a legally valid marriage.

5. Who is and is not covered

Likely covered

• You divorced a Japanese spouse (or, in some cases, another foreign national), and the divorce was registered at a Japanese municipal office.
• You then married a Japanese national, a Permanent Resident or a Long-Term Resident, and the marriage was registered at a Japanese municipal office.

Unclear or likely not covered

• Your divorce took place outside Japan. The current practice concerns divorces registered at Japanese municipal offices. If your former spouse was Japanese and the foreign divorce was reported to a Japanese municipal office, so that it appears in their family register, your case may be covered, but this has not been confirmed. If the divorce was never registered in Japan, this practice does not seem to apply, and how such cases are treated is not clear.
• Your previous spouse was also Filipino. When both spouses are Filipino, Philippine law generally governs the divorce, and a divorce in Japan is usually not possible. In that case, an annulment or a declaration of nullity of the marriage in the Philippines may be needed.
• Your new marriage was registered only outside Japan. The current practice requires the new marriage to be registered at a Japanese municipal office.

This handling is not shown on the ISA website, and the ISA’s official document lists have not changed. We recommend preparing your application carefully, including a clear explanation of why a Philippine marriage certificate cannot be submitted.

6. Tips for your spouse visa application

The tips in this section are for your application to the Immigration Services Agency, which you file after your new marriage has been registered at a municipal office. For registering the marriage itself, see section 2.

Explain the missing certificate to Immigration

In the statement of reasons (理由書) that you submit with your visa application, explain that your divorce has not been judicially recognized in the Philippines, so the Philippine authorities cannot issue a marriage certificate for your new marriage. Also state that both your divorce and your new marriage were registered in Japan.

Show Immigration that your marriage is genuine

Because the Philippine certificate is missing, evidence of your real married life becomes even more important in your visa application. For example:

• Living together (juminhyo showing both of you in the same household)
• How you met and how your relationship developed
• Photos together, messages and call records
• Children you have together, and a shared household budget

Be ready to explain your marriage history

Immigration looks closely at cases where the previous marriage was short, where the new marriage came soon after the divorce, or where either spouse has divorced several times. This does not mean refusal, but you should explain your situation honestly and in detail. Your answers in the questionnaire (質問書) must match your family register and other records.

If you already hold a spouse visa

• After a divorce, you must notify the ISA within 14 days.
• If you do not live as a spouse for 6 months or more without a legitimate reason, your status may be cancelled (Immigration Control Act, Article 22-4, paragraph 1, item 7).
• If you hold Spouse or Child of Japanese National and marry another Japanese national during your period of stay, the procedure is generally an extension of period of stay, not a change of status. However, Immigration examines your new marriage almost as carefully as in a new application.
• If your new spouse has a different status from your former spouse (for example, you held Spouse or Child of Japanese National and now marry a Permanent Resident), you will usually need a change of status of residence.

For the general requirements and documents, see our page on Spouse of Japanese National, which also covers spouses of Permanent Residents. If your marriage ended and you are not remarrying, see Long-Term Resident after divorce.

7. What remains unresolved in the Philippines

Remarrying in Japan does not change your records in the Philippines. Unless your divorce is judicially recognized there, your PSA records are generally not updated, and you may still be treated as married to your former spouse. This can cause problems, for example when you:

• Report your new marriage to the Philippine Embassy or Consulate
• Change your surname in your Philippine passport
• Deal with inheritance or property in the Philippines
• Live in the Philippines with your new spouse in the future

You can still seek judicial recognition of your divorce later. For questions about Philippine law and court procedures, consult a lawyer qualified in the Philippines.

Disclaimer: This article is provided for general information only and is not legal advice on any individual case. The information is based on sources available as of October 13, 2026. Laws, guidelines and their application may change without notice. This article does not cover Philippine law in detail; for Philippine legal procedures, consult a lawyer qualified in the Philippines. TKG Immigration Consulting Office accepts no liability for any loss or damage arising from the use of this information. In case of any difference between our English descriptions and the original Japanese texts, the Japanese texts prevail.