In recent years, the issue of recognizing foreign divorce decrees in the Philippines has gained significant attention, especially with the growing number of Filipinos who have obtained divorces abroad. As the Philippines remains to be one of the few countries without a divorce law, understanding the legal process of recognizing a foreign divorce decree is crucial for those who wish to remarry or settle their marital status in the country. In this blog, we will explore the concept of recognizing foreign divorce decrees in the Philippines and shed light on the steps and requirements involved in the process.
Is there a divorce in the Philippines?
There is no divorce in the Philippines, but when a divorce is validly obtained abroad and initiated by the foreign spouse, the Filipino spouse shall have the capacity to remarry under Philippine law.
What is a Foreign Divorce Decree?
A foreign divorce decree refers to a legal judgment issued by a foreign court, dissolving a marriage between spouses.
Can the Filipino spouse validly obtain a divorce against a foreign spouse?
The Filipino spouse is also capacitated to obtain a divorce from the foreign spouse, provided that the same was done duly and validly under the national law of the foreign spouse. Paragraph 2, Section 26 of the Family Code only requires that the divorce be validly obtained abroad. The law did not explicitly restrict this requirement solely to the foreign spouse. To countenance another interpretation of paragraph 2, Article 16 would result in an absurd situation where a Filipino spouse essentially remains legally married and bound to their foreign spouse while the latter is free to remarry.[1]
How can a divorce obtained abroad be recognized in the Philippines?
A divorce obtained abroad can be recognized in the Philippines through the process of judicial recognition where both the foreign divorce and the foreign divorce law need to be proven in Court. You will need to file a Petition for Recognition of Foreign Divorce with the Regional Trial Court.
What are the requirements for judicial recognition of a foreign divorce decree?
The following are the requirements for the judicial recognition of a foreign divorce decree in the Philippines:
- Original or certified true copy of the foreign divorce decree.
- Certificate of Finality or Authentication from the foreign court that issued the divorce decree.
- Proof of service of the petition to the other spouse.
- Marriage Certificate duly authenticated by the Philippine Embassy or Consulate where the marriage took place.
- Proof of residence in the Philippines for at least six months prior to filing the petition.
Note that this is a general list. Depending on the particular foreign country involved, and depending on the particular case, there may be other documents necessary. This is because different countries have different divorce processes and different kinds of marriage and divorce documents.
What must be proved in cases involving recognition of foreign divorce decree?
Divorce Decree and the applicable national law of the alien spouse must be proven as facts under our rules on evidence.[2]
What are the legal implications of the recognition of a divorce decree in the Philippines?
Once the divorce decree is recognized, the Filipino spouse is free to remarry.
[1] Republic v. Manalo, G.R. No. 221029, April 24, 2018
[2] Moraña v. Republic, G.R. No. 227605, December 5, 2019
