For many Filipinos married to non-citizens, obtaining a divorce overseas is only the first step in a longer legal journey.
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
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.
Common Requirements:
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 foreign divorce philippines requirements the marriage you are seeking to dissolve.
Identification Documents: Valid passports and birth records.
The Process: How to Recognize Foreign Divorce in the Philippines
The process of how to recognize foreign divorce in the Philippines typically foreign divorce philippines follows these steps:
Hiring Legal Counsel: You will need a lawyer 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 the marriage was recorded.
The Hearing Phase: The court will schedule hearings to verify the documents and testimony.
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
Many applicants are foreign divorce philippines concerned about the recognition of foreign divorce in Philippines cost.
Generally, you should expect to pay for:
Attorney’s Fees: This is usually the largest portion of the expense.
Court Costs: Standard administrative recognition of foreign divorce philippines fees for filing a civil case.
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
By understanding Article 26 of the recognition of divorce in the philippines Family Code, you can finally move forward with your life with the peace of mind that your civil status is correctly updated.