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.
Understanding Article 26 of the Family Code
The Philippine legal system follows the nationality principle, meaning Philippine laws follow its citizens wherever they go.
This is a judicial process where a Philippine court "recognizes" the foreign judgment, effectively capacitating the Filipino spouse to remarry.
What You Need to Prepare
The court requires "prima facie" evidence of the foreign divorce and the foreign law that allows it.
Common Requirements:
Certified True Copy of the Divorce Decree: The official document proving the marriage was dissolved.
Apostilled/Authenticated Copy of the Foreign Divorce Law: Evidence that the divorce is valid under the foreign spouse's national legislation.
PSA Marriage Contract: The official record of the marriage you are seeking to dissolve.
Identification Documents: Valid passports and birth cost of recognition of foreign divorce in philippines records.
The Process: How to Recognize Foreign Divorce in the Philippines
The process of how to recognize foreign divorce in the Philippines typically follows these steps:
Engagement of a Lawyer: Since this is a judicial process, legal representation is mandatory.
Filing the Petition: foreign divorce decree philippines The recognition of divorce in the philippines case is filed in the province 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.
Finality and PSA 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
Budgeting for this legal procedure is vital for Filipinos living abroad.
Generally, you should expect to pay for:
Attorney’s Fees: This is usually the largest portion of the expense.
Filing Fees: Paid how to recognize foreign divorce in philippines directly to the court.
Newspaper Publication: A 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, foreign divorce philippines requirements or the Americas, following the correct legal steps is crucial.