Recognition of foreign divorce decree

Posted Mon, Nov 13, 2023 10:15 PM

If you want to remarry in the Philippines, your marriage to the Filipina must first be removed from the records of the PSA by filing a petition for the recognition of a foreign decree of divorce. 

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Posted Mon, Nov 13, 2023 10:48 PM

The Philippine courts have jurisdiction over petitions for recognition of a foreign divorce, provided that the petitioner or the respondent is a Filipino citizen at the time of filing the petition. 
 

I.   Grounds for Recognition: In order to successfully have a foreign divorce recognized in the Philippines, the divorce decree must be obtained under one of the following grounds: 

   a. The foreign spouse has obtained a valid divorce in a country that grants divorce to both citizens and non-citizens, and the divorce complies with the foreign jurisdiction's laws on divorce.
   
   b. The foreign spouse has obtained a valid divorce in a country that grants divorce only to its citizens, and the foreign spouse is the citizen of that country at the time of the divorce decree. 

II.  Judicial Process: To initiate the judicial recognition of a foreign divorce, you will need to file a petition in the Regional Trial Court in the Philippines. The court will evaluate the grounds for recognition and may require supporting documents, such as the divorce decree itself, proof of citizenship, and any other evidence that may be necessary. 

III. Legal Assistance: It is highly recommended to seek the assistance of a knowledgeable family lawyer in the Philippines who can guide you through the legal process, ensure all necessary documents are obtained and presented, and represent your interests effectively. 

Please note that the information provided above is intended as a general overview and should not be considered legal advice. The specific details of your case may influence the outcome, so it is important to consult with a qualified lawyer to assess your situation accurately. 

Hope this information helps clarify the process for you. Should you have any further questions or need additional assistance, please feel free to call or visit our profile to contact us.

Best regards,

Atty. Roque