Introduction:
In filing a Petition for Recognition of Divorce in the Philippines, two essential documentary requirements are apostilled or authenticated copies of the divorce decree and the divorce law of the country where the divorce was obtained.
In a very recent decision of the Supreme Court of the Philippines, an issue arose as to the necessity of proving also the law on divorce in the country of the spouse who obtained the divorce if the marriage was dissolved in a third country.
In this case, a Peruvian husband was granted a divorce from his Filipino wife in the state of Kentucky , USA where both parties were residing at the time. The Filipino spouse subsequently filed a Petition for Recognition of Divorce . During the trial, authenticated copies of the divorce decree and the divorce law in the State of Kentucky were presented in evidence. The trial court granted the Petition but the Court of Appeals reversed the decision of the trial court insisting that the authenticated copy of the divorce law of Peru (which is the home country of the husband) should have been presented in evidence during the trial.
The Supreme Court of the Philippines ruled that it is not necessary to prove the divorce law in the country where the foreign spouse is a national because the law only requires proof of the divorce law in the country where it was obtained.
How to file a judicial recognition of a foreign divorce in the Philippines?
There are 8 steps in the process of filing a recognition of divorce in the Philippines:
Determine if you qualify. It is essential that at least one of the parties to the case be a foreign national.
Choose an attorney.
Gather the required documents, consisting of the following:
A certified true copy of the marriage certificate registered in the Philippines or in another country and registered with a Philippine consulate;
A certified copy of the divorce decree, order, or decision duly translated to English if in another language, duly authenticated by Apostille.;
A certified copy of the specific law on divorce in the country where it was obtained duly translated to English if in another language, duly authenticated by Apostille, and should indicate that the parties to the divorce can remarry .
Birth Certificates of children, if any;
Proof of Residence of the spouse;
Proof of Philippine citizenship ( Passport or Certificate of Naturalization) or proof of foreign citizenship;
Proof of citizenship of the spouse. ( Passport or authenticated proof of naturalization)
4. File the Petition
5. Testify in court or by videoconference if allowed by the court.
6. Wait for the Decision of the Court
7.Upon receipt of the decision of the court , wait for the finality of the decision after the expiration of 15 days counted from receipt of the order.
8. Register the judicial recognition of divorce with the Civil Registrar where the marriage is registered.
Why is this important:
There is no divorce law in the Philippines, although there have been numerous attempts through the years in the Philippine Congress to pass such a legislation.
Basically, annulment or declaration of nullity of marriage is the only way to legally end a marriage in the Philippines. However, if the Filipino spouse married a foreigner it is possible to file for divorce in another country and have that recognized in the Philippines.
The judicial recognition of a foreign divorce in the Philippines has become a popular way for Filipino spouses (mostly women) to end their marriages with their foreign spouses. Many overseas workers around the world have availed themselves of this remedy under Philippine law.
