Dealing with a foreign divorce decree in the Philippines can be a complex and often confusing process for many overseas Filipinos.
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.
Whether it is a divorce in the US recognized in the Philippines or a divorce in Korea recognized in the Philippines, the procedure remains largely the same: you must prove the divorce happened and that it was valid under the foreign spouse's national law.
What You Need to Prepare
Success in your petition depends heavily on the documentation you provide to the Regional Trial Court (RTC).
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 under the foreign spouse's national legislation.
PSA Marriage Contract: The official record of the marriage you are seeking to dissolve.
foreign divorce philippines 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 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 foreign divorce philippines requirements appropriate court.
The Hearing Phase: The court will schedule hearings to verify the documents and testimony.
Judgment and Registration: Once divorce in korea recognized in philippines the judicial recognition of foreign divorce philippines 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
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 largest portion of the expense.
Filing Fees: Paid directly to the court.
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
Whether you are dealing with a foreign how to recognize foreign divorce in philippines divorce decree Philippines from Europe, Asia, or the Americas, following the correct legal steps is crucial.