For many Filipinos married to non-citizens, obtaining a divorce overseas is only the first step in a longer legal journey.
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.
Understanding Article 26 of the Family Code
However, when a foreign divorce decree is issued, it does not automatically change the Filipino spouse's status in the PSA (Philippine Statistics Authority).
Whether it is a divorce in the US recognized in the Philippines or a divorce in Korea recognized in the Philippines, the procedure remains largely the same: you must prove the divorce happened and that it was valid under the foreign spouse's national law.
Key Requirements for Foreign Divorce Recognition
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.
Proof of Foreign Law: You must prove that the law of the foreigner's country allows for divorce.
PSA Marriage 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:
Engagement of a Lawyer: Since this recognition of divorce in the philippines is a judicial process, legal representation is mandatory.
Filing the Petition: The case is filed in the province or city where the petitioner resides or where the marriage was recorded.
Trial and Evidence: You (or your representative) will present the evidence of the divorce and the foreign law.
Judgment and Registration: Once the court grants the petition, the decree must be registered with the PSA and the Civil Registrar. recognition of foreign divorce in philippines cost
Cost of Recognition of Foreign Divorce in the Philippines
Many applicants are concerned about the recognition of foreign divorce in Philippines cost.
There is no fixed price, as several factors divorce in us recognized in philippines influence the total investment.
Attorney’s Fees: This is usually the largest portion of the expense.
Filing Fees: Paid directly to how to recognize foreign divorce in philippines the petition for recognition of foreign divorce philippines 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
Securing a judicial recognition of foreign divorce in the Philippines is the only way to ensure your legal records are accurate.