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.
What is the Recognition of Foreign Divorce in the Philippines?
The Philippine legal system follows the nationality principle, meaning Philippine laws follow its citizens wherever they go.
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.
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 Philippines
To successfully file your petition, you will generally follow petition for recognition of foreign divorce philippines this roadmap:
Hiring Legal Counsel: You will need a lawyer to draft and file the petition in the RTC.
Filing the Petition: The case is filed in the province divorce in us recognized in philippines or city where the petitioner resides or where the marriage was recorded.
The Hearing Phase: The court will schedule hearings to verify the documents and testimony.
foreign divorce philippines requirements Judgment and Registration: Once the court grants the petition, the decree must be registered with the PSA and the Civil Registrar. recognition of divorce in the philippines
Cost of Recognition of Foreign Divorce in the Philippines
Budgeting for this legal procedure is vital for Filipinos living abroad.
There is no fixed price, as several factors influence the total investment.
Attorney’s Fees: This is usually the largest portion of the expense.
Filing Fees: Paid directly to the court.
Newspaper Publication: A petition for recognition of foreign divorce philippines mandatory step in the judicial process.
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.