Navigating Article 26 of the Family Code

For many Filipinos married to non-citizens, obtaining a divorce overseas is only the first step in a longer legal journey.

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.

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.

Apostilled/Authenticated Copy of the Foreign Divorce Law: Evidence that the divorce is valid under the foreign spouse's national legislation.

divorce filipino citizen married to foreigner 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

The process of how to recognize foreign divorce in the petition for recognition of foreign divorce philippines Philippines typically follows these steps:

Hiring Legal Counsel: You will need a lawyer to draft and file the petition in the RTC. judicial recognition of foreign divorce philippines

Court Filing: Your lawyer submits the petition for recognition of foreign divorce Philippines to the appropriate court.

The Hearing Phase: The court will schedule hearings to verify the documents and testimony.

Judgment and Registration: Once the court grants the petition, the how to recognize foreign divorce in philippines decree must be registered with the PSA and the Civil Registrar.

Cost of Recognition of Foreign Divorce in the Philippines

Many applicants are concerned about the recognition of foreign divorce in Philippines cost.

The total expenses can vary significantly based on the complexity of the case and the lawyer's fees.

Legal Fees: Charges for the lawyer’s expertise foreign divorce philippines 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.

Apostille and Translation Services: Ensuring your foreign documents are legally recognized in the Philippines.

Final Thoughts

Whether you are dealing with a foreign divorce decree Philippines from Europe, Asia, or the Americas, following the correct legal steps is crucial.

Leave a Reply

Your email address will not be published. Required fields are marked *