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AllBar 2024CIVIL LAWIII. PERSONS AND FAMILY RELATIONSG. Mixed Marriages (Family Code, Art. 26)

Question

III. PERSONS AND FAMILY RELATIONS
Topic: Mixed Marriages (Family Code, Art. 26)

Situation: Jay, a Filipino citizen, got married to Mia, a foreigner. They had a happy married life until they encountered irreconcilable differences and decided to separate. Jay, being a Filipino, wants to file for divorce in their country of residence, which recognizes divorce. However, Mia's country of nationality does not allow divorce.

Question: What legal recourse is available to Jay, given the situation described above, in accordance with the Family Code, particularly Article 26? Explain.




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