How Long Does the Recognition of Foreign Divorce Take?
Recognition of foreign divorce is an essential legal process for Filipinos who have obtained a divorce abroad and want to update their civil status in the Philippines. However, the time it takes to complete the process varies depending on several factors. This article outlines the expected timeline and factors affecting the duration of recognition of foreign divorce proceedings.
Estimated Timeline for Recognition of Foreign Divorce
The entire process of recognizing a foreign divorce in the Philippines generally takes six months to two years. The timeline depends on various factors, such as the availability of documents, court schedules, and legal complexities involved in the case.
1. Preparing and Gathering Documents (1 to 3 Months)
Before filing the petition, the petitioner must secure and authenticate all necessary documents, including:
- Certified True Copy of the Foreign Divorce Decree (authenticated by the Philippine Embassy or Consulate or bearing an apostille)
- Official Copy of the Foreign Divorce Law (translated if necessary and authenticated)
- PSA Marriage Certificate (showing the original marriage record)
- PSA Birth Certificate (of the Filipino spouse)
- Affidavit of Legal Expert (if required by the court)
- Other supporting documents
The time it takes to obtain and authenticate these documents varies depending on the country where the divorce was granted.
2. Filing of the Petition in the Regional Trial Court (RTC) (1 to 2 Months)
Once all documents are complete, the lawyer will draft and file the petition for recognition of foreign divorce in the Regional Trial Court (RTC) where the petitioner resides. Filing the petition can take one to two months, depending on the court’s processing speed and schedule.
3. Court Proceedings and Hearings (6 Months to 1.5 Years)
The court will schedule hearings to evaluate the petition. The length of this stage depends on:
- The court’s caseload and availability of hearing dates.
- Whether the Office of the Solicitor General (OSG) or public prosecutor opposes the petition.
- The need for expert witnesses to explain foreign divorce laws.
Some courts may expedite the process if all documents are in order, while others may take longer due to heavy case backlogs.
4. Issuance of Court Decision (1 to 3 Months)
Once the hearings are concluded, the judge will issue a decision. Courts typically take one to three months to release a final decision, but this may vary.
5. Registration and Annotation of Court Decision (2 to 6 Months)
After obtaining a favorable court ruling, the petitioner must register the decision with the:
- Philippine Statistics Authority (PSA)
- Local Civil Registry (LCR) where the marriage was recorded
- Department of Foreign Affairs (DFA), if necessary
The registration and annotation process usually takes between two to six months, depending on the workload of these agencies.
Factors That Can Delay the Process
Several factors can extend the time needed for recognition of foreign divorce:
- Incomplete or improperly authenticated documents
- Court backlogs and scheduling delays
- Opposition from the Office of the Solicitor General (OSG)
- Issues with proving the foreign divorce law
- Errors in the petition that require corrections or additional evidence
Conclusion
The recognition of foreign divorce in the Philippines is not an automatic process and can take anywhere from six months to two years, depending on case complexity, document readiness, and court schedules. To avoid unnecessary delays, it is best to work with an experienced lawyer who can efficiently handle the process and ensure that all requirements are met. While the timeline may vary, patience and proper legal guidance will help in securing a favorable outcome.
Should you need assistance in having your foreign divorce decree recognized, you can send us an email at kpborra@borralaw.com