For many Filipinos married to non-citizens, obtaining a divorce overseas is only the first step in a longer legal journey.
Under the provisions of the Family Code, specifically Article 26, the Philippine government allows for the recognition of a divorce validly obtained abroad by a foreign spouse.
What is the Recognition of Foreign Divorce in the Philippines?
Because there is no absolute divorce law in the Philippines, a Filipino citizen cannot simply file for divorce.
Whether it is a divorce in the US recognized in the Philippines or a divorce in Korea recognized in the Philippines, the procedure remains largely the same: you must prove the divorce happened and that it was valid under the foreign spouse's national law.
Key Requirements for Foreign Divorce Recognition
Before heading to court, you must gather specific foreign divorce Philippines requirements.
Common Requirements:
Certified True Copy of the Divorce Decree: The official document proving the marriage was dissolved.
Proof of Foreign Law: You must prove that the law of the foreigner's country allows for divorce.
Marriage Record: A PSA-issued Marriage Certificate or Report of Marriage.
foreign divorce philippines Identification Documents: Valid passports and birth records.
The Process: How to Recognize Foreign Divorce in the Philippines
The process of how to recognize foreign divorce in foreign divorce decree philippines the Philippines typically follows these steps:
Engagement of a Lawyer: Since this is a judicial process, legal representation is mandatory.
Filing the Petition: The case is filed in the province or divorce in us recognized in philippines city where the petitioner resides or where the marriage was recorded.
Trial and Evidence: You (or your representative) will present the evidence of the divorce and the foreign law.
Judgment and Registration: Once the court grants the petition, the decree must be registered with the PSA and the Civil Registrar.
Cost of Recognition of Foreign Divorce in the Philippines
Many applicants foreign divorce philippines requirements are concerned about the recognition of foreign divorce in Philippines cost.
The total expenses can vary significantly based on the complexity of the case and the lawyer's fees.
Legal Fees: Charges for the lawyer’s expertise and representation.
Court Costs: Standard administrative fees for filing a civil case.
Publication Costs: The law requires the petition to be published in a how to recognize foreign divorce in philippines newspaper of general circulation.
Apostille and Translation Services: Ensuring your foreign documents are legally recognized in the Philippines.
Final Thoughts
Whether you are dealing with a foreign divorce decree Philippines from Europe, Asia, or the Americas, following the correct legal steps is crucial.