Dealing with a foreign divorce decree in the Philippines can be a complex and often confusing process for many overseas Filipinos.
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
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.
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 foreigner's country allows for divorce.
PSA Marriage Contract: The official record of cost of recognition of foreign divorce in philippines 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 recognition of foreign divorce philippines to draft and file the petition in the RTC.
Filing the Petition: The case is filed in the province or city where the petitioner resides or where recognition of foreign divorce in philippines cost the marriage was recorded.
Trial and Evidence: You (or your representative) will present the evidence of the divorce and divorce filipino citizen married to foreigner 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 foreign divorce decree philippines Recognition of Foreign Divorce in the Philippines
Budgeting for this legal procedure is vital for Filipinos living abroad.
Costs typically include:
Legal Fees: Charges for the lawyer’s expertise and representation.
Filing Fees: Paid directly to the court.
Newspaper Publication: A mandatory step in the judicial process.
Translation and Authentication: For documents not in English or issued by non-Apostille countries.
Final Thoughts
Securing a judicial recognition of foreign divorce in the Philippines is the only way to ensure your legal records are accurate.