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.
However, thanks to Article 26 of the Family Code of the Philippines, there is a clear legal pathway to having your foreign marriage dissolution acknowledged.
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.
Key Requirements for Foreign Divorce Recognition
Before heading to court, you must gather specific foreign divorce Philippines requirements.
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 Report of Marriage.
Identification Documents: Valid passports and birth records.
The Process: How to Recognize Foreign Divorce in the Philippines
To 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 how to recognize foreign divorce in philippines to the appropriate court.
The Hearing Phase: The court will schedule hearings to verify divorce in us recognized in philippines the documents and testimony.
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 recognition of foreign divorce in philippines cost Foreign Divorce in the Philippines
One of the most frequent questions is: what is the cost of recognition of foreign divorce in divorce in us recognized in philippines the Philippines?
Generally, you should expect to pay for:
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
Whether you are dealing with a foreign divorce decree Philippines from Europe, Asia, or the Americas, following the correct legal steps is recognition of foreign divorce in philippines cost crucial.