Recognition Foreign Divorce Philippines
The Philippines, as a predominantly Catholic nation, does not recognize divorce. However, the country acknowledges the concept of "Recognition of Foreign Divorce," allowing Filipinos who have divorced abroad to have their marital status changed in the Philippines. For a foreign divorce decree to be recognized in the Philippines, certain procedures and requirements must be met.
Eligibility: Under Philippine law, only the Filipino spouse can file a petition for recognition of foreign divorce. It means that if the Filipino was the one who obtained the divorce abroad, they can seek its recognition in the Philippines. This petition is necessary for the Filipino spouse to remarry in the Philippines.
Required Documents:
- Certified True Copy of the Foreign Divorce Decree: This decree should be authenticated by the Philippine consulate in the country where the divorce was granted.
- Marriage Contract: A copy of the marriage contract between the parties, with an English translation if it's in another language.
- Official Receipts: Proof of the divorce filing fee and the lawyer's professional fee, if available.
- Affidavit of the Petitioner: This affidavit should state the facts necessary to establish the jurisdiction of the foreign court that granted the divorce and the regularity of the divorce proceedings.
Procedure:
- The petition for recognition of foreign divorce is filed at the Regional Trial Court of the petitioner's place of residence.
- Once the court receives the petition, it will evaluate the documents and might require additional evidence or clarification.
- After evaluating the evidence, the court will decide whether to recognize the foreign divorce decree.
Legal Principles: The Philippine Supreme Court has ruled in various cases that a foreign divorce decree can be recognized in the Philippines if the divorce was validly obtained abroad and one of the parties involved is a foreigner.
Implications of Recognition: Once the foreign divorce is recognized, the Filipino spouse can remarry under Philippine law. Additionally, the marital status of the Filipino spouse will be changed from "Married" to "Single" in official documents.
Duration: The entire process of recognition can take several months to a year, depending on the complexity of the case and the court's workload.
Legal Assistance: It is highly advisable to engage the services of a competent lawyer in the Philippines when pursuing recognition of a foreign divorce. This ensures that the process is handled correctly and efficiently.
In conclusion, while the Philippines does not allow divorce, it does provide a mechanism for Filipinos who have obtained a divorce abroad to have their marital status legally changed in the country. This process, while thorough, ensures that the rights and interests of the parties are protected.
Title: Foreign Divorce Recognition Philippines