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.
What is the Recognition of Foreign Divorce in the Philippines?
However, when a foreign divorce decree is issued, it does not automatically change the Filipino spouse's status in the PSA (Philippine Statistics Authority).
To be legally considered single again, you must file a petition for recognition of foreign divorce in the Philippines.
What You Need to Prepare
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.
Proof of Foreign Law: You must prove that the law of the foreigner's country allows for divorce.
Marriage Record: A recognition of foreign divorce philippines 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
Navigating the judicial system involves several critical phases:
Hiring Legal Counsel: cost of recognition of foreign divorce in philippines You will need a lawyer to draft and file the petition in the RTC.
Filing the Petition: The case is cost of recognition of foreign divorce in philippines 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
Budgeting for this legal procedure is vital for Filipinos living abroad.
Costs typically include:
Attorney’s Fees: This is usually the largest portion of the expense.
Court Costs: Standard administrative fees for filing a civil case.
Publication Costs: The law requires the petition to be published recognition of foreign divorce in philippines cost in a newspaper of general circulation.
Apostille and Translation Services: Ensuring your foreign documents are legally recognized in the Philippines.
Final Thoughts
By understanding Article 26 of the Family Code, you can finally move forward with your life with the peace of mind how to recognize foreign divorce in philippines that your civil status is correctly updated.