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?
However, when a foreign divorce decree is issued, it does not automatically change the Filipino spouse's status in the PSA (Philippine Statistics Authority).
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
The court requires "prima facie" evidence of the foreign divorce and the foreign law that allows it.
Essential Documents Include:
The Foreign Divorce Decree: This must be an authentic copy issued by the foreign court or authority.
Apostilled/Authenticated Copy of the Foreign Divorce Law: Evidence that the divorce is valid under the foreign spouse's national legislation.
PSA Marriage Contract: The official record of the marriage you are seeking to dissolve.
Identification how to recognize foreign divorce in philippines 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 divorce in us recognized in philippines of a Lawyer: Since this is a judicial process, legal representation is mandatory.
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: recognition of foreign divorce in philippines cost You (or your representative) will present the evidence recognition of foreign divorce philippines of the divorce and the foreign law.
Finality and PSA 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 the Philippines
One of the most frequent questions is: what is the cost of recognition of foreign divorce in the Philippines?
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 requires the petition to be published recognition of divorce in the philippines in a newspaper of general circulation.
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.