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.
Understanding Article 26 of the Family Code
The Philippine legal system follows the nationality principle, meaning Philippine laws follow its citizens wherever they go.
To be legally considered single again, you must file a petition for recognition of foreign divorce in the Philippines.
What You Need to Prepare
The court requires "prima facie" evidence of the foreign divorce and the foreign law that allows it.
Common Requirements:
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 recognition of divorce in the philippines that the divorce is valid under the foreign spouse's national legislation.
Marriage Record: A PSA-issued Marriage Certificate or Report of Marriage. divorce in korea recognized in philippines
Identification Documents: Valid passports and birth divorce in korea recognized in philippines records.
The Process: How to Recognize Foreign Divorce in the Philippines
Navigating the judicial system involves several critical phases:
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 to the appropriate court.
Trial and Evidence: You (or your representative) will present the evidence of the 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
One of cost of recognition of foreign divorce in philippines 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.
Legal Fees: Charges for the lawyer’s expertise and representation.
Filing Fees: Paid directly to the court.
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 foreign divorce philippines Thoughts
Securing a judicial recognition of foreign divorce in the Philippines is the only way to ensure your legal records are accurate.