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.
Understanding the judicial recognition of foreign divorce in the Philippines is essential for any Filipino looking to update their civil status and regain the capacity to remarry.
What is the Recognition of Foreign Divorce in the Philippines?
The Philippine legal system follows the nationality principle, meaning Philippine laws follow its citizens wherever they go.
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.
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 recognition of foreign divorce philippines 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.
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 and PSA Annotation: recognition of divorce in the philippines 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 us recognized in philippines Divorce in the Philippines
Budgeting for this legal procedure is vital for Filipinos living abroad.
recognition of divorce in the philippines Generally, you should expect to pay for:
Attorney’s Fees: This is usually the recognition of foreign divorce philippines largest portion of the expense.
Filing Fees: Paid directly to the court.
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 ensure your legal records are accurate.