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.
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.
What You Need to Prepare
Before heading to court, you must gather specific foreign divorce Philippines requirements.
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 records.
The Process: How to Recognize Foreign Divorce in the Philippines
Navigating the judicial system involves several critical phases:
Hiring Legal Counsel: You will need a lawyer to draft and file the petition in the RTC.
Court Filing: divorce filipino citizen married to foreigner Your lawyer submits the petition for recognition of foreign divorce Philippines to the appropriate court.
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.
Cost of Recognition of Foreign foreign divorce decree philippines 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 influence the total investment.
Legal Fees: Charges for the lawyer’s divorce in korea recognized in philippines expertise and representation.
Filing Fees: Paid directly to the court.
Newspaper Publication: A mandatory divorce in us recognized in philippines step in the judicial process.
Translation and Authentication: For documents not in English or issued foreign divorce decree philippines by non-Apostille countries.
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.