For many Filipinos married to non-citizens, obtaining a divorce overseas is only the first step in a longer legal journey.
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.
Understanding Article 26 of the Family Code
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:
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
The process of how to recognize foreign divorce in the Philippines typically follows these steps:
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 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.
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 recognition of foreign divorce in philippines cost Philippines
One of the most frequent questions is: what is the cost of recognition of foreign divorce in the Philippines? divorce in us recognized in philippines
Costs typically include:
Attorney’s Fees: This is article 26 family code philippines divorce usually the largest portion of the expense.
Court Costs: Standard administrative fees for filing a civil case.
Newspaper Publication: A mandatory step in the judicial process.
Translation foreign divorce decree philippines and Authentication: For documents not in English or issued by non-Apostille countries.
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.