For many Filipinos married to non-citizens, obtaining a divorce overseas is only the first step in a longer legal journey.
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.
Understanding Article 26 of the Family Code
The Philippine legal system follows the nationality principle, meaning Philippine laws follow its citizens wherever they go.
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
Success in your petition depends heavily on the documentation you provide to the Regional Trial Court (RTC).
Essential Documents Include:
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 divorce in korea recognized in philippines records.
The Process: How to Recognize Foreign Divorce in the Philippines
To successfully file your petition, you will generally follow this roadmap:
Hiring cost of recognition of foreign divorce in philippines 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.
Trial and Evidence: You (or your representative) will present the evidence 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 recognition of divorce in the philippines 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?
The total expenses can vary significantly based on the complexity of the case and the lawyer's fees.
Attorney’s Fees: This is usually the largest portion of the expense.
Filing Fees: Paid directly to the court.
Publication Costs: The law requires the petition to be published in a newspaper of general petition for recognition of foreign divorce philippines circulation.
Translation 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 how to recognize foreign divorce in philippines steps is crucial.