In the Philippines, divorce is not yet allowed due to the strong influence of the Catholic Church on the country’s laws and cultural norms. However, marriages that have been legally dissolved abroad are recognized by Philippine law, but this only applies to marriages between a foreign spouse and a Filipino spouse.
What is Divorce?
Divorce occurs when either or both spouses wish to end their marriage and live separately. To officially end their marital union, they must sign legal documents. In addition, the divorce shall be passed upon judicially by a Philippine court to prove its validity before the Filipino spouse can remarry under Philippine law.
Why Do I Need to Have my Foreign Divorce Recognized in the Philippines?
Recognition of foreign divorce is crucial in the Philippines because of the following reasons:
- It allows the divorced Filipino to remarry, preventing them from committing bigamy.
- It permits them to update their last name or surname in their Philippine passport.
- It simplifies immigration processes by eliminating the need to prove marital status.
- It enables banks to issue loans without interference from the previous spouse.
- It removes the foreign spouse’s rights as an heir in the event of the Filipino spouse’s death.
- If the Filipino citizen wishes to remarry, he/she is required to obtain a Certificate of No Marriage (CENOMAR).
Who May File a Judicial Recognition of Foreign Divorce Decree?
In the Philippines, for a foreign divorce decree to be judicially recognized, one of the parties must be a foreign citizen. If both spouses are Filipino citizens, they cannot file for recognition of a foreign divorce, even if their marriage was legally dissolved abroad.
Either spouses can file a petition for a recognition of foreign divorce. This is necessary if either spouse wishes to remarry in the Philippines. This requirement is based on the second paragraph of Article 26 of the Family Code of the Philippines, which states:
“Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall likewise have capacity to remarry under Philippine law.”
Where to File a Judicial Recognition of Foreign Divorce Decree?
According to Rule 108 of the Rules of the Court, a Petition for a Judicial Recognition of Foreign Divorce must be filed at the Regional Trial Court of the Philippines at the city or municipality where the marriage of the parties were solemnized and the corresponding marriage contract was registered.
What are the Requirements for Judicial Recognition of Foreign Divorce Decree?
In the Philippines, the following documents are required for the recognition of foreign divorce:
- Philippine Marriage Certificate (if the marriage occurred in the Philippines)
- Report of Marriage of a Filipino Married Abroad (if marriage occurred outside the Philippines, and reported with the Department of Foreign Affairs)
- Certified copy of the Foreign Divorce Decree or Judgment
- Certified copy of the Divorce law allowing the foreign spouse under his national law to dissolve marriage thru divorce
- Birth Certificates of both spouses, and their child/children if any
- Copies of valid Philippine passport of both spouses
Additionally, foreign divorce documents must be translated into English and authenticated with an apostille certificate. Other documents may be required depending on the specifics of the case and the foreign country involved, as divorce processes and documents may vary.
How to File a Judicial Recognition of Foreign Divorce Decree?
To have a foreign divorce recognized in the Philippines, both the foreign divorce decree or judgment and the foreign divorce law must be proven in court. To file for recognition of a foreign divorce, a lawyer must prepare and sign the petition, which must be sworn to by the petitioner. The petition should include copies of the required documents and be accompanied by the Judicial Affidavit of any proposed witnesses. Additionally, testimonies from the petitioner and their witnesses are required.
What is the Court Process for Judicial Recognition of Foreign Divorce Decree?
A court process is required for a divorce between a Filipino citizen and a foreign national to be recognized in the Philippines. The process involves the following steps:
- Jurisdictional Requirement: The Regional Trial Court will verify whether the Court has jurisdiction over the case, and any opposition will be recorded thereto. Afterwhich, the Court will order the petition to be published in their chosen newspaper once a week.
- Court Trials: During the court trials, witnesses and other evidence, including written memoranda, may be required. The testimonies of witnesses will be provided through Judicial Affidavits to expedite the proceedings. The petitioner and the State will be given both opportunities to present their side.
- Await for Court’s Decision: After all evidence is presented, and both parties rested their case, the petitioner will await the Court’s decision.
- Registration of Decision: If the Court rules in favor of the petitioner, the decision will be registered with the Local Civil Registrar and the Philippine Statistics Authority (PSA) for annotation on the Marriage Contract.
How Long Does a Judicial Recognition of Foreign Divorce Decree Case Take?
In the Philippines, the recognition of a foreign divorce can take several months to a year from the date of filing, depending on the complexity of the case and the court’s schedule.
How Much Does Recognition of Foreign Divorce in the Philippines Cost?
The cost of recognizing a foreign divorce decree in the Philippines may vary. Required fees include payments for certified copies of documents from government offices and charges by the Department of Foreign Affairs (DFA) or the Philippine Embassy for authenticating public documents.
When filing the petition, an initial filing fee is collected by the court. Other expenses associated with the court proceedings, such as publication fee, court transcripts, photocopying, postage, and messenger services, may also include.
A lawyer’s professional fees cover charges for their time, preparation of written pleadings and other documents, and appearance in court. These fees are agreed upon during the initial consultation, once the circumstances of the case are better understood.
Need further information and assistance regarding Recognition of Foreign Decree? Talk to our team at Duran & Duran-Schulze Law to know more about the requirements and process. Call us today at (+632) 8478 5826 or +63 917 194 0482, or send an email to info@duranschulze.com for more information.
