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).
To be legally considered single again, you must file a petition for recognition of foreign divorce in the Philippines.
What You Need to Prepare
Success in your petition depends heavily on the documentation you provide to the Regional Trial Court (RTC).
Common Requirements:
The Foreign Divorce Decree: This must be an authentic copy issued by the foreign court or authority.
Apostilled/Authenticated Copy of the Foreign Divorce Law: Evidence that the divorce is valid under the foreign spouse's national legislation.
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
Navigating divorce in us recognized in philippines the judicial system involves several critical phases:
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 foreign divorce decree philippines where the marriage was recorded.
The Hearing Phase: The court will schedule hearings to verify the documents and testimony.
Judgment and Registration: Once the court grants the petition, the decree must be registered with the PSA and the Civil Registrar.
Cost of divorce filipino citizen married to foreigner 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.
Filing Fees: Paid directly to the court. foreign divorce decree philippines
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
By understanding Article 26 of the Family Code, you can finally move forward with your life with the peace of mind that your civil status is correctly updated.