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.
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.
Essential Documents Include:
Certified True Copy of the Divorce Decree: The official document proving the marriage was dissolved.
Proof of Foreign Law: You must foreign divorce philippines 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:
Hiring Legal Counsel: You will need a lawyer to draft and file the petition in the RTC.
Filing the Petition: The case is filed in the province or 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.
Finality and PSA divorce in us recognized in philippines 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 foreign divorce decree philippines the Philippines
One of the most frequent questions is: what is the cost of recognition of foreign divorce in the Philippines?
The total expenses can vary significantly based on the complexity of the case and the lawyer's fees.
Attorney’s Fees: recognition of foreign divorce in philippines cost This is usually the largest portion of the expense.
Filing Fees: Paid directly to the court.
Publication Costs: The law requires the petition to be published in a newspaper of general circulation.
Apostille and Translation Services: Ensuring your foreign documents are legally recognized in the recognition of foreign divorce in philippines cost 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.