RECOGNITION OF FOREIGN DIVORCE IN THE PHILIPPINES: WHAT YOU NEED TO KNOW
This article is written by PracticeForte foreign affiliate member Apolinario L. Caymo II
Many Filipinos divorced abroad make the mistake of remarrying without first going through the formalities required by Philippine law. While a divorce abroad dissolves that marriage in that country, this does not mean that the Filipino/Filipina divorcee automatically has the right to marry again under Philippine law. To avoid future inconveniences for divorced Philippine citizens, LEGAL One tackles the most common questions about judicial recognition of foreign divorce decrees.
1. Q: I am a Philippine citizen who obtained a divorce decree in a foreign country. Can I now legally marry under Philippine law?
A: No. Before you can legally marry again, you must have that divorce decree judicially recognized in the Philippines.
2. Q: What is the action required to have the divorce decree judicially recognized or enforced in the Philippines?
A: This can be done by filing a petition for the recognition of the foreign divorce decree before the Regional Trial Court (RTC) in the Philippines.
3. Q: Is judicial recognition of the foreign divorce decree in effect a petition for annulment or declaration of nullity of the foreign marriage in the Philippines?
A: No. The petition for the recognition of the foreign divorce decree is not the same as annulment or declaration of nullity of marriage under the Family Code.
4. Q: What, then, is the purpose of the filing of a petition for the recognition of the foreign divorce decree in the Philippines?
A: It is merely to prove the foreign divorce as a fact and that it was made in accordance with the laws of the country where it was obtained.
5. Q: What documents or evidences do I need to present in the RTC for the recognition of the foreign divorce decree?
A: To prove that the foreign divorce decree was validly obtained and issued in accordance with the law of that country, you must present the Original or Certified True Copy of the foreign judgment or order.
6. Q: After the divorce decree is recognized by the RTC, are there other steps to comply with to capacitate me to remarry?
A: Yes. The decision granting the petition recognizing the foreign divorce decree and the Original or Certified True Copy of the foreign divorce decree or order must be annotated/registered with the Office of Local Civil Registrar (LCR) of the place of the RTC which granted the petition. After having it registered/annotated with the proper LCR, the registered documents along with the Original or Certified True Copy of the Certificate of Finality of the decision of the RTC, shall be submitted to the LCR where the marriage is registered.
- PF Mediate – MEDIATION FOR HAGUE CONVENTION & RELOCATION CASES PART 2 – Travelling Mediators
- Collaborative Divorce
- An interview with PF’s Co-Founder Susan Tay
- Are Parents Always Liable for Their Children’s Maintenance?
- A Thankful Attendee of the Cross-Border Mediation Masterclass
- Recognition of Foreign Divorce In The Philippines: What You Need To Know
- Adopting the peace approach to avoid unnecessary litigation: The Case of Goh Rosaline v Goh Lian Chyu and another
- Adopting the Peace Approach in the interest of the Child
- Litigation & Mediation: The Hybrid Method
- Cyber law in Singapore: A Quick Overview
- Protection from Online Falsehood and Manipulation Act 2019: What is its impact on legitimate businesses?
- Collaborative Practice
- Mediation and Civil Disputes
- Protected: Mediation helps divorcing parties focus on real needs
- Caught Between The Devil And The Deep Blue Sea
- Breaking down a marriage: How can it be done?
- The ABCs of Trusts
- Start Anew, Start Afresh!
- Voice of The Unmarried Mother Heard
- Reflections of An Accounts Intern
- Portrait of the Old Timer – The Not-So-Private-Nor-Secret Life of a Sole Proprietor of a Singapore Law Practice 1990-2018 (with 2-year hiatus 2005-2007)
- Mediation for Hague Convention and Relocation Cases
- PracticeForte 3rd Anniversary
- Between A Rock And A Hard Place – Case Study of UFZ V UFY
- Hague Convention on International Child Abduction: The Other Side
- Mediation for *Hague and Relocation Cases
- On the Move – Parental Relocation in Singapore
- PracticeForte Day Out – FAST
- Basic Guide To Mediation
- Third Party’s Interest In Matrimonial Assets: The Case of UDA v UDB
- Can I leave Singapore with our child to move abroad without my ex’s consent?
- Sharing an article by AWARE on “Project Relocation” an initiative between OTP Law Corporation and Eden Law Corporation with the support from PracticeForte Pte Ltd.
- The Split After The Split – Part 2
- The Split After The Split – Part 1
- Same Sex Marriage & Their Rights
- An Interview With PracticeForte Advisory Affiliate Ms. Susan Tay of OTP Law Corporation on Practice, Pupillage & Pro Bono
- In-house Counsels: How Priviledged Are You?
- Is A Deed of Separation Always Foolproof and Ironclad?
- Re Claims on Property
- Re HDB Ownership
- Article on PracticeForte Garden Revelry
Please note that the topics of discussion on this website are prepared for the purposes of general information only. They do not constitute legal advice. No information presented on this website, or communicated to our through the website is intended to create a lawyer-client relationship. Therefore you are strongly encouraged to seek legal counsel for appropriate advise,