Dealing with a foreign divorce decree in the Philippines can be a complex and often confusing process for many overseas Filipinos.
Understanding the judicial recognition of foreign divorce in the Philippines is essential for any Filipino looking to update their civil status and regain the capacity to remarry.
Understanding Article 26 of the Family Code
However, when a foreign divorce decree is issued, it does not automatically change the Filipino spouse's status in the PSA (Philippine Statistics Authority).
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.
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 article 26 family code philippines divorce 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.
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: 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.
Judgment and Registration: Once the divorce in us recognized in 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
Budgeting for this legal procedure is vital for Filipinos living abroad.
Generally, you recognition of foreign divorce in philippines cost should expect to pay for:
Attorney’s Fees: This is usually the largest portion of the expense.
Court Costs: Standard administrative 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 cost of recognition of foreign divorce in philippines understanding Article 26 of the Family Code, you can finally move forward with your life with the peace of mind that cost of recognition of foreign divorce in philippines your civil status is correctly updated.