Navigating Article 26 of the Family Code

For many Filipinos married to non-citizens, obtaining a divorce overseas is only the first step in a longer legal journey.

Under the provisions of the Family Code, specifically Article 26, the Philippine government allows for the recognition of a divorce validly obtained abroad by a foreign spouse.

What is the Recognition of Foreign Divorce in the Philippines?

However, when a foreign divorce decree is issued, it does not automatically change the Filipino spouse's status in the PSA (Philippine Statistics Authority).

To be legally considered single again, you must file a petition for recognition of foreign divorce in the Philippines.

What You Need to Prepare

The court requires "prima facie" evidence of the foreign divorce and the foreign law that allows it.

Common Requirements:

Certified True Copy of the Divorce Decree: The official document proving the marriage was dissolved.

Apostilled/Authenticated Copy of the Foreign Divorce Law: Evidence that the divorce is valid under foreign divorce philippines the foreign spouse's national legislation.

PSA Marriage Contract: The official record of the marriage you are seeking to dissolve.

Identification Documents: Valid passports and birth records.

The Process: How to Recognize Foreign Divorce in the Philippines

The process of how to recognize foreign divorce in the Philippines typically follows these steps:

Engagement of a Lawyer: Since this is a divorce in korea recognized in philippines judicial process, legal representation is mandatory.

Court Filing: Your lawyer submits the petition for recognition of foreign divorce Philippines to the appropriate court.

The Hearing Phase: The court will schedule hearings to verify the documents and foreign divorce philippines requirements testimony.

Judgment and Registration: Once the court grants the petition, the decree must be how to recognize foreign divorce in philippines registered with the PSA and the Civil Registrar.

Cost of Recognition of Foreign Divorce recognition of foreign divorce philippines in the Philippines

Budgeting for this legal procedure is vital for Filipinos living abroad.

The total expenses can vary significantly based on the complexity of the case and the lawyer's fees.

Attorney’s Fees: This is usually the largest portion of the expense.

Court Costs: Standard administrative fees for filing a civil case.

Newspaper Publication: A mandatory step in the judicial process.

Apostille and Translation Services: Ensuring your foreign documents are legally recognized in the Philippines.

Final Thoughts

By understanding Article 26 of the Family Code, you can finally move forward with your life with the peace of mind that your civil status is correctly updated.