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
Because there is no absolute divorce law in the Philippines, a Filipino citizen cannot simply file for divorce.
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
The court requires "prima facie" evidence of the foreign divorce and the foreign law that allows it.
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.
Marriage Record: A PSA-issued Marriage Certificate or Report of Marriage. divorce in korea recognized in philippines
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:
Engagement of a Lawyer: Since this is a judicial recognition of foreign divorce philippines process, legal representation is mandatory.
Filing the Petition: The case is filed in the province or city where the petitioner resides or where recognition of divorce in the philippines the marriage was recorded.
Trial and Evidence: You (or your representative) will present the evidence of the divorce and the recognition of foreign divorce philippines foreign law.
Finality and PSA Annotation: After the court's decision becomes final, your PSA marriage record will be annotated to show the divorce.
Cost of Recognition of Foreign Divorce in the Philippines
One of the most frequent questions is: what divorce filipino citizen married to foreigner is the cost of recognition of foreign divorce in the Philippines?
Generally, you should expect to pay for:
Attorney’s Fees: This is usually the largest portion of the expense.
Filing Fees: Paid directly to the court.
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
Whether you are dealing with a foreign divorce decree Philippines from Europe, Asia, or the Americas, following the correct legal steps is crucial.