Who Can File for Recognition of Foreign Divorce?

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 Philippine courts. This process is essential for updating civil status and ensuring that the Filipino spouse is no longer considered legally married under Philippine law. However, not everyone can file for recognition of foreign divorce. There are specific qualifications and legal requirements that must be met.

Eligible Individuals Who Can File for Recognition of Foreign Divorce

1. Filipino Citizens or Former Filipinos Who Have Reacquired Citizenship Who Were Previously Married to Foreigners

A Filipino citizen who was married to a foreign national and obtained a divorce abroad can file for recognition of the foreign divorce decree. This is based on Article 26, Paragraph 2 of the Family Code of the Philippines, which states that a Filipino spouse shall also be allowed to remarry if the foreign spouse obtained a divorce that legally allows them to remarry.

2. Foreigners Previously Married to Filipinos Who Would Like to Have Their Foreign Divorce Decree Recognized

Foreigners who were previously married to Filipinos can also file for recognition of their foreign divorce decree. Although foreigners can re-marry once they receive their foreign divorce decree, they may want to have their foreign divorce decree recognized, especially when they have properties in the Philippines and would like to ensure that their properties after the divorce remain separate.

Individuals Who Cannot File for Recognition of Foreign Divorce

Marriages Between Two Filipinos

If both spouses are Filipino citizens at the time of divorce, recognition of foreign divorce is not possible. Under Philippine law, divorce is generally not recognized between two Filipino citizens, regardless of where the divorce was obtained.

Legal Requirements for Filing for Recognition of Foreign Divorce

To file a petition for recognition of foreign divorce, the following documents must be prepared:

1. Certified Copy of the Foreign Divorce Decree – A duly authenticated or apostilled document from the country where the divorce was granted.
2. Official Copy of the Foreign Law on Divorce – A certified document that proves the divorce was legal under the laws of the foreign country.
3. Marriage Certificate (PSA Copy) – A copy of the Philippine marriage certificate to establish the original marriage record.
4. Birth Certificate of the Filipino Spouse (PSA Copy) – Proof of Filipino citizenship.
5. Affidavit of Legal Expert (if required) – Some courts may require an expert to explain the foreign divorce law.
6. Other Supporting Documents – Identification cards, proof of residency, and other legal papers.

All foreign documents must be translated into English (if applicable) and authenticated by the Philippine Embassy or Consulate or bear an apostille.

Steps to File for Recognition of Foreign Divorce

1. Consult a Lawyer – A legal expert can help assess your eligibility and gather the necessary documents.
2. File a Petition in the Regional Trial Court (RTC) – The case is filed where the marriage was recorded.
3. Court Hearings – The case will go through hearings where evidence is presented.
4. Court Decision – If the court grants recognition, a decision will be issued.
5. Annotation in Civil Registry – The decision is registered with the PSA and the Local Civil Registry to update the Filipino spouse’s civil status.

Conclusion

Recognition of foreign divorce is essential for Filipinos who have obtained a divorce abroad and wish to update their civil status in the Philippines. If you are a Filipino who has divorced a foreign spouse or a foreigner who would like to have your foreign divorce decree recognized, consulting an experienced lawyer like us is crucial to ensure a smooth and successful petition for recognition of foreign divorce. You can email us at kpborra@borralaw.com