Step-by-Step Process for Recognition of Foreign Divorce in the Philippines

Recognition of foreign divorce in the Philippines is a legal process that allows a Filipino citizen to have a divorce obtained abroad recognized under Philippine law. This is crucial because, under Philippine law, divorce is generally not recognized unless it is filed by a foreign spouse. (Note: Today’s Philippine jurisprudence, however, allows the recognition of a divorce, even if the Filipino spouse initiated it or the divorce was filed jointly by the foreigner and Filipino spouse.) Without court recognition, a Filipino remains legally married despite a divorce abroad and cannot remarry under Philippine law. Here’s a step-by-step guide on how to obtain recognition of a foreign divorce decree in the Philippines.

Step 1: Consult a Lawyer

Before starting the process, it is essential to seek legal assistance from a family law attorney like us. We will assess your case and help you with the case preparation to ensure that you have all the documents required in order to file your petition for recognition of foreign divorce decree and correction of civil status entry.

Step 2: Gather Required Documents

To file a petition for recognition of foreign divorce, you need to secure and authenticate the following documents:

• Certified True Copy of the Foreign Divorce Decree – This must be authenticated by the Philippine Embassy or Consulate in the country where the divorce was granted or bear an apostille if applicable.
• Official Copy of the Foreign Divorce Law – This is necessary to prove that the divorce is valid under the foreign country’s legal system.
• Marriage Certificate (PSA Copy) – This serves as proof of the original marriage and must be secured from the Philippine Statistics Authority (PSA).
• Passport of the Filipino Spouse – Required to establish the citizenship of the petitioner.
• Affidavit of Legal Expert (if required) – Some courts may require a legal expert to explain the foreign divorce law.
• Other Supporting Documents – Proof of residence, identification documents, and any additional papers relevant to the case.

Step 3: File a Petition for Recognition of Foreign Divorce

We will draft and file the petition before the appropriate Regional Trial Court (RTC) in the Philippines. Our firm only handles cases in Metro Manila and the Greater Metro Manila Area. (Note: This means that the divorce must have been celebrated abroad, or if in the Philippines, within the said area of jurisdiction.) The petition must include:

• A narrative of the marriage and divorce details
• The legal basis for recognition under Philippine law
• Presentation of documentary evidence

Step 4: Service Upon Foreigner Spouse and Other Public Respondents

The court nowadays, upon motion, can approve of personal service upon foreigners. Service must also be made upon the other public respondents, such as the Civil Registry, in order to continue the case.

Step 5: Court Hearings and Presentation of Evidence

The court will set hearing dates where:

• The petitioner (Filipino spouse) and legal counsel present the case.
• Evidence, including the foreign divorce decree and proof of its validity, is submitted.
• Witnesses or expert testimonies may be required, depending on the complexity of the case.
• The Office of the Solicitor General (OSG) or the public prosecutor may provide input to ensure compliance with legal standards.

Step 6: Issuance of the Court Decision

Once the court is satisfied with the evidence presented, it will issue a decision granting the recognition of the foreign divorce. The decision will declare that the Filipino spouse is no longer legally married under Philippine law.

Step 7: Registration and Annotation of the Court Decision

After obtaining a favorable court ruling, the decision must be registered with the relevant government agencies:

1. Philippine Statistics Authority (PSA) – Submit the court order to have the civil status updated.
2. Local Civil Registry (LCR) – The decision is recorded to reflect the change in marital status.
3. Department of Foreign Affairs (DFA), if necessary – For authentication of legal documents.

Step 8: Secure an Updated Civil Status Document

Once the court decision is properly annotated in the PSA and LCR, the Filipino spouse can request an updated PSA marriage certificate reflecting the divorce or a Certificate of No Marriage (CENOMAR) if applicable.

Conclusion

The recognition of foreign divorce in the Philippines is essential for Filipinos who have legally divorced abroad and wish to remarry or update their civil status. The process involves legal proceedings and proper documentation, making it important to work with a knowledgeable lawyer like us to ensure a smooth and successful petition. By following these steps, you can complete the process and obtain legal recognition of your foreign divorce in the Philippines.

Should you need assistance, you can email us at kpborra@borralaw.com