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.
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.
To be legally considered single again, you must file a petition for recognition of foreign divorce in the Philippines.
Key Requirements for Foreign Divorce Recognition
The court requires "prima facie" evidence of the foreign divorce and the foreign law that allows it.
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.
Marriage Record: A PSA-issued Marriage Certificate or Report of Marriage.
Identification Documents: Valid passports and birth records.
The Process: How foreign divorce philippines requirements to Recognize Foreign Divorce in the Philippines
To successfully file your petition, you will generally follow this roadmap:
Engagement of a Lawyer: Since this is a judicial process, legal representation is mandatory.
Court Filing: Your lawyer submits the petition for recognition of petition for recognition of foreign divorce philippines foreign divorce Philippines to the appropriate judicial recognition of foreign divorce philippines 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 Philippines
Budgeting for this legal procedure is vital for Filipinos living abroad.
The total expenses can vary significantly based on the recognition of divorce in the philippines complexity of the case and the lawyer's fees.
Legal Fees: Charges for the lawyer’s expertise and representation.
Court Costs: Standard administrative fees for filing a civil case.
Publication Costs: The law requires the petition to be published in a newspaper of general circulation.
Translation and Authentication: For documents not in English or issued by non-Apostille countries.
Final Thoughts
By understanding Article 26 of the Family Code, you can finally divorce in us recognized in philippines move forward with your life with the peace of mind that your civil status is correctly updated.