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.
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
Success in your petition depends heavily on the documentation you provide to the Regional Trial Court (RTC).
Essential Documents Include:
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.
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
To successfully file your petition, you will generally follow this roadmap:
Hiring Legal Counsel: You will need a lawyer to draft and file the petition in the RTC.
Court Filing: Your recognition of foreign divorce philippines 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.
Finality and PSA Annotation: After the court's decision becomes final, your PSA marriage record will be annotated to show divorce filipino citizen married to foreigner the divorce.
Cost of Recognition of Foreign 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.
Attorney’s Fees: This is usually the foreign divorce decree philippines largest portion of the expense.
Court Costs: Standard administrative fees for filing a civil case.
Newspaper Publication: A mandatory step in the judicial process.
Apostille and Translation Services: Ensuring your foreign documents are legally recognized in the Philippines.
Final Thoughts
By understanding divorce in korea recognized in philippines Article 26 of the Family Code, you can finally move forward with your life with the peace of mind that your civil status cost of recognition of foreign divorce in philippines is correctly updated.