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
However, when a foreign divorce decree is issued, it does not automatically change the Filipino spouse's status in the PSA (Philippine Statistics Authority).
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.
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 divorce in us recognized in philippines foreigner's country allows for divorce.
judicial recognition of foreign divorce philippines 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
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.
Court Filing: Your recognition of foreign divorce philippines lawyer submits the petition for recognition of foreign divorce Philippines to the appropriate court.
The Hearing Phase: The court will schedule hearings recognition of foreign divorce in philippines cost 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
Many applicants are concerned about the recognition of foreign divorce in Philippines cost.
The total expenses can vary significantly based on the complexity of the case and the lawyer's fees.
Attorney’s Fees: This is usually the largest portion of the expense.
Court Costs: Standard administrative fees for filing a civil case.
Newspaper Publication: A mandatory divorce filipino citizen married to foreigner 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.