For many Filipinos married to non-citizens, obtaining a divorce overseas is only the first step in a longer legal journey.
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.
What is the Recognition of Foreign Divorce in the Philippines?
However, when a foreign divorce decree is issued, it does not automatically change the Filipino spouse's status in the PSA (Philippine Statistics Authority).
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
Success in your petition depends heavily on the documentation you provide to the Regional Trial Court (RTC).
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 recognition of foreign divorce philippines records.
The Process: How to Recognize Foreign Divorce in the Philippines
The process of how to recognize foreign divorce in the Philippines typically follows these foreign divorce decree philippines steps:
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 foreign divorce philippines requirements was recorded.
Trial and Evidence: You (or your representative) will present the evidence of the recognition of foreign divorce philippines 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
Budgeting for this legal procedure is vital for Filipinos living abroad.
There is no fixed price, as several factors influence the total investment.
Attorney’s Fees: This is usually the largest portion of the expense.
Court Costs: Standard administrative fees for filing a civil case.
Publication Costs: The law recognition of divorce in the philippines 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 Philippines.
Final Thoughts
Securing a judicial recognition of foreign divorce in the Philippines is the only way to ensure your legal records are accurate.