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).
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.
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 petition for recognition of foreign divorce philippines Report of Marriage.
Identification Documents: Valid passports and birth records.
The Process: How to Recognize Foreign Divorce in the Philippines
To foreign divorce philippines successfully file your petition, you will generally follow this roadmap:
Hiring 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 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?
Generally, you should expect to pay for:
foreign divorce decree philippines Attorney’s Fees: This is 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.
Apostille and Translation Services: Ensuring your divorce in us recognized in philippines foreign documents are legally recognized in the Philippines.
Final Thoughts
By understanding Article 26 of the Family Code, you can finally move forward with your life with the peace of cost of recognition of foreign divorce in philippines mind that your civil status is correctly updated.