The recognition of foreign divorce in the Philippines is a complex and nuanced issue that requires careful consideration and expert guidance. With the increasing number of Filipinos marrying foreigners, the need for clarity on this matter has become more pressing.
At present, there is no divorce law in the Philippines. The only way to sever martial tie between spouses is through a judicial declaration of nullity of marriage or annulment of marriage.
However, a foreign divorce decree obtained abroad that completely ends a marriage between a foreigner spouse and a Filipino spouse can be recognized in the Philippines, provided that the foreigner spouse is allowed by his/her national law to remarry.
In the Philippines, the recognition of foreign divorce is governed by the Family Code and relevant jurisprudence. Generally, a foreign divorce decree may be recognized in the Philippines if it is validly obtained in the country where it was rendered and is not contrary to Philippine public policy.
To recognize a foreign divorce in the Philippines, the following steps may be taken:
1. File a petition. A petition for recognition of foreign divorce must be filed with a Regional Trial Court (RTC) in the Philippines that has jurisdiction over said petition.
2. Allege and prove foreign citizenship of the foreign spouse. A divorce decree between two Filipinos even if issued abroad is not valid under Philippine law. Only a foreign divorce decree issued between a foreigner spouse and a Filipino spouse may be validly recognized by the proper Philippine court, regardless of who initiated the divorce. Thus, the foreign citizenship of the spouse of the Filipino must be proved.
3. Allege and prove the foreign divorce. The foreign divorce decree must be authenticated and proven in court, showing that it was validly obtained in the country where it was rendered/issued.
4. Allege and prove foreign law. The foreign law that is the basis of the issuance of the foreign divorce decree must also be authenticated and proven in court, showing that said law allows the foreigner spouse to remarry.
If you are considering recognizing a foreign divorce in the Philippines, it is essential to consult with a qualified lawyer practicing in family law, special proceedings, and private international law, who can provide you with expert guidance and representation. Do not hesitate to seek professional help to ensure that your rights are protected and your interests are represented.
Are you navigating the complexities of recognizing a foreign divorce in the Philippines? With our in-depth knowledge of family law, special proceedings, and private international law, we'll ensure that your rights are protected, and your interests are represented. If you are looking for a lawyer to represent you, contact us today to schedule a consultation. You may email us at inquiries@mpeclaw.com.