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.
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
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.
PSA Marriage Contract: The official record of the marriage you are seeking to dissolve.
Identification Documents: Valid passports and birth records.
The divorce filipino citizen married to foreigner Process: How to Recognize Foreign Divorce in the Philippines
To successfully file your petition, you will generally follow this roadmap:
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.
The Hearing Phase: The court foreign divorce decree philippines will schedule hearings to verify the documents and testimony.
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
One of the most frequent questions divorce in korea recognized in philippines 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.
Legal Fees: Charges for the lawyer’s expertise and representation.
Court Costs: Standard administrative recognition of divorce in the philippines fees for filing a civil case.
Newspaper Publication: A mandatory step in the judicial 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 only way to petition for recognition of foreign divorce philippines ensure your legal records are accurate.