Dealing with a foreign divorce decree in the Philippines can be a complex and often confusing process for many overseas Filipinos.
However, thanks to Article 26 of the Family Code of the Philippines, there is a clear legal pathway to having your foreign marriage dissolution acknowledged.
Understanding Article 26 of the Family Code
Because there is no absolute divorce law in the Philippines, a Filipino citizen cannot simply file for divorce.
To be legally considered single again, you must file a petition for recognition of foreign divorce in the Philippines.
Key Requirements for Foreign Divorce Recognition
The court requires "prima facie" evidence of the foreign divorce and the foreign law that allows it.
Common Requirements:
The Foreign Divorce Decree: This must be an authentic copy issued by the foreign court or authority.
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.
Identification Documents: Valid passports and birth records.
The Process: How to Recognize Foreign Divorce in the Philippines
Navigating the judicial system involves several critical phases:
Hiring Legal Counsel: You will need a lawyer to draft and file the petition in the RTC. judicial recognition of foreign divorce philippines
Filing the Petition: The case is filed in the province or city where the petitioner resides or where the marriage was recorded.
The Hearing Phase: The court will schedule hearings to verify the documents and testimony.
Finality and PSA Annotation: After the court's decision becomes final, your PSA marriage record will be annotated to show the divorce.
Cost of Recognition of Foreign Divorce in the Philippines
One of the most frequent questions is: what is the cost of recognition of foreign how to recognize foreign divorce in philippines divorce in the Philippines?
Costs typically include:
Legal Fees: Charges for the lawyer’s expertise and representation.
Filing Fees: Paid directly to the court.
Newspaper Publication: foreign divorce philippines requirements A mandatory step in the judicial recognition of foreign divorce in philippines cost process.
Translation and Authentication: For documents not in English or issued by non-Apostille countries.
Final Thoughts
Securing a judicial recognition of foreign divorce in the Philippines is the divorce in us recognized in philippines only way to ensure your legal records are accurate.