What is Recognition of Foreign Divorce in the Philippines?

Understanding Recognition of Foreign Divorce

Recognition of foreign divorce is a legal process in the Philippines that allows a Filipino citizen to have a foreign divorce decree acknowledged by the Philippine courts. This recognition is essential because, under Philippine law, foreign court judgments are not recognized unless such foreign judgment is confirmed by a Philippine court.

Why is Recognition of Foreign Divorce Necessary?

Without court recognition, a Filipino, whose marriage was reported with the Philippine government and who has obtained a foreign divorce, cannot remarry in the Philippines. The Philippine government, particularly the Philippine Statistics Authority (PSA) and the Local Civil Registry, does not automatically recognize foreign divorce decrees. As a result, the Filipino spouse remains legally married under Philippine law despite the divorce abroad.

Who Can File for Recognition of Foreign Divorce?

A Filipino citizen who was previously married to a foreign national may file for recognition of foreign divorce. This includes:

• Filipinos married to foreign nationals who obtained a divorce abroad
• Former Filipinos who have reacquired Filipino citizenship and wish to have their foreign divorce recognized
• Filipinos who married abroad and later divorced

If the Filipino spouse was the one who initiated the divorce, recognition may not be granted unless it is proven that the foreign spouse’s country allows such a divorce to be valid for both parties.

Legal Basis for Recognition of Foreign Divorce

Article 26 of the Family Code of the Philippines provides the legal basis for recognizing foreign divorce. It states:

“Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall likewise have capacity to remarry under Philippine law.”

This means that if a foreigner divorces a Filipino abroad, the Filipino spouse should also be allowed to remarry in the Philippines once the foreign divorce is recognized. Jurisprudence now allows a Filipino to obtain recognition of a foreign divorce decree, not only when the foreigner is the petitioner, but even if the divorce was obtained jointly or solely by the Filipino spouse.

Requirements for Filing a Petition for Recognition of Foreign Divorce

To file a petition for recognition of foreign divorce in the Philippines, the following documents are typically required:

1. Certified Copy of the Foreign Divorce Decree – The official divorce order issued by the foreign court.
2. Official Copy of the Foreign Law on Divorce – A duly authenticated copy of the foreign country’s law on divorce to prove its validity.
3. Marriage Certificate (PSA Copy) – Proof of the registered marriage in the Philippines.
4. Birth Certificate of the Filipino Spouse (PSA Copy) or Philippine passport – Required to confirm citizenship.
5. Other Supporting Documents – Such as proof of residency, identification documents, and related court papers.

All foreign documents must be authenticated by the Philippine Embassy or Consulate in the country where the divorce was granted or bear an apostille if the country is part of the Hague Apostille Convention.

Steps in Filing for Recognition of Foreign Divorce

1. Consult a Lawyer – We will assess your case and guide you on what documents you need to prepare.
2. File a Petition in the Regional Trial Court (RTC) – The petition is filed in the appropriate RTC where the marriage was recorded.
3. Court Hearings – The case will go through hearings where evidence will be presented.
4. Decision of the Court – If the court finds the foreign divorce valid, it will issue a decision recognizing the foreign divorce decree.
5. Annotation in the Civil Registry – The court’s decision will be registered with the PSA and Local Civil Registry, updating the civil status of the Filipino spouse.

How Long Does the Process Take?

The recognition of foreign divorce process varies in duration but typically takes between six months to two years, depending on factors such as:

• The availability of required documents
• The court’s schedule and possible delays
• The need for additional legal opinions or expert witnesses

What Happens After Recognition of Foreign Divorce?

Once the court issues a favorable decision:

• The Filipino spouse’s civil status will be updated from “married” to “single.”
• The updated civil status will be reflected in PSA records.
• The Filipino spouse can legally remarry in the Philippines.
• Any legal complications regarding property, inheritance, and remarriage can be properly settled.

Conclusion

Recognition of foreign divorce in the Philippines is a crucial legal process for Filipinos who were previously married to foreigners and obtained a divorce abroad. Without it, they remain legally married under Philippine law and cannot remarry. If you need assistance in filing for recognition of foreign divorce, send us an email at kpborra@borralaw.com