Dealing with a foreign divorce decree in the Philippines can be a complex and often confusing process for many overseas Filipinos.
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.
To be legally considered single again, you must file a petition for recognition of foreign divorce in the Philippines.
Key Requirements for Foreign Divorce Recognition
Success in your petition depends heavily on the documentation you provide to the Regional Trial Court (RTC).
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.
Marriage divorce filipino citizen married to foreigner Record: A PSA-issued Marriage Certificate or Report of Marriage.
Identification Documents: Valid passports divorce in us recognized in philippines and birth records.
The Process: How to Recognize recognition of foreign divorce philippines 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: 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, divorce in us recognized in philippines the 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.
Costs typically include:
Attorney’s Fees: This is usually the largest portion of the expense.
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.
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, divorce filipino citizen married to foreigner or the Americas, following the correct legal steps is crucial.