Dealing with a foreign divorce decree in the Philippines can be a complex and often confusing process for many overseas Filipinos.
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).
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
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.
PSA Marriage foreign divorce decree philippines Contract: The official record of the marriage you are seeking to dissolve.
Identification Documents: Valid passports and birth records.
The Process: How to Recognize Foreign Divorce in the Philippines
Navigating the judicial system involves several critical phases:
Hiring Legal Counsel: You will need a lawyer to draft and file the petition article 26 family code philippines divorce 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 recognition of foreign divorce in philippines cost present the evidence of the divorce and the foreign law.
Finality and PSA Annotation: After the court's decision becomes final, your PSA petition for recognition of foreign divorce philippines marriage record will be annotated to show the divorce.
Cost of Recognition of Foreign Divorce how to recognize foreign divorce in philippines in the Philippines
One of 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.
Newspaper Publication: A mandatory step in the judicial process.
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 move forward with your life with the peace of mind that your civil status is correctly updated.