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.
Key Requirements for Foreign Divorce Recognition
Before heading to court, you must gather specific foreign divorce Philippines requirements.
Essential Documents Include:
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 article 26 family code philippines divorce under the foreign spouse's national legislation.
Marriage Record: A PSA-issued Marriage Certificate or Report of Marriage.
Identification Documents: Valid passports and birth records.
The Process: How to Recognize article 26 family code philippines divorce Foreign Divorce in the Philippines
The process of how to recognize foreign divorce in the divorce filipino citizen married to foreigner Philippines typically follows these steps:
Engagement of a Lawyer: Since this is a judicial process, legal representation is mandatory.
Court Filing: 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 judicial recognition of foreign divorce philippines 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 Divorce in the Philippines
One of the most frequent questions is: what is the cost of recognition of foreign divorce in the Philippines?
There is no fixed price, as several factors influence the total investment.
Legal Fees: Charges for the lawyer’s expertise and representation.
Filing Fees: Paid directly to the court.
Newspaper Publication: A mandatory petition for recognition of foreign divorce philippines 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.