For many Filipinos married to non-citizens, obtaining a divorce overseas is only the first step in a longer legal journey.
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.
What is the Recognition of Foreign Divorce in the Philippines?
Because there is no absolute divorce law in the Philippines, a Filipino citizen cannot simply file for divorce.
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
The court requires "prima facie" evidence of the foreign divorce and the foreign law that allows it.
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 records.
The Process: How to Recognize Foreign Divorce in the foreign divorce philippines Philippines
The process of how to recognize foreign divorce in the Philippines typically follows these steps:
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 foreign divorce philippines 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 article 26 family code philippines divorce of recognition of foreign divorce in the Philippines?
Generally, you should expect to pay for:
Legal Fees: Charges for the foreign divorce decree philippines 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 divorce filipino citizen married to foreigner with a foreign divorce decree Philippines from Europe, Asia, or the Americas, following the correct legal steps is crucial.