If you are a Filipino citizen who was married to a foreigner and has since obtained a divorce abroad, you likely know that divorce is not technically "legal" within Philippine borders.
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.
Understanding Article 26 of the Family Code
The Philippine legal system follows the nationality principle, meaning Philippine laws follow its citizens wherever they go.
This is a judicial process where a Philippine court "recognizes" the foreign judgment, effectively capacitating the Filipino spouse to remarry.
What You Need to Prepare
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.
PSA Marriage Contract: The official record of the marriage you are seeking to dissolve.
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:
Engagement of a Lawyer: Since this is a judicial process, legal representation is mandatory.
Court Filing: Your lawyer submits the petition for recognition of foreign divorce Philippines to the appropriate court.
The Hearing Phase: The court will schedule hearings to verify the documents and testimony.
Finality recognition of foreign divorce philippines 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
Many foreign divorce philippines applicants 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.
Attorney’s Fees: This is usually the recognition of divorce in the philippines largest portion of the expense.
Court Costs: Standard administrative fees for filing a civil case.
Publication Costs: The law requires the petition to be published in a newspaper of general circulation.
Translation and Authentication: divorce in korea recognized in philippines For judicial recognition of foreign divorce philippines documents not in English or issued by non-Apostille countries.
Final Thoughts
Securing a judicial recognition of foreign divorce in the Philippines is the only way to ensure your legal records are accurate.