In the Philippines, where divorce is not legally recognized, a pathway exists for acknowledging foreign divorces initiated by non-Filipino spouses, enabling the Filipino spouse to remarry under Philippine law.
To validate a foreign divorce decree within the Philippines, it must undergo judicial confirmation through a civil action filed at the Regional Trial Court (RTC-Phil). Subsequently, the court decision is recorded at the Local Civil Registry Office (LCRO) under the jurisdiction of the relevant RTC-Phil.
The process entails submitting pertinent documents to the City Civil Registry Office at Manila City Hall (CCRO Manila), including the original or certified true copy of the foreign judgment, the certificate of finality from the RTC-Phil, and the registration certificate from the LCRO associated with the RTC-Phil.
Following annotation at the LCRO, the annotated documents and accompanying requirements must be presented to the Office of the Civil Registrar-General (OCRG) in Manila for further processing.
How is the recognition of foreign divorce facilitated in the Philippines?
Recognition necessitates a judicial procedure wherein both the foreign divorce and its corresponding law must be substantiated in court. Initiating a Petition for Recognition of Foreign Divorce with the Regional Trial Court (RTC) in the Philippines is essential, typically requiring legal representation for case preparation and proceedings.
What documents are required for this process?
- Philippine marriage certificate/record for domestically solemnized marriages
- Official marriage certificate/record from the foreign country for marriages conducted abroad
- Report of Marriage of a Filipino married abroad (if filed with the DFA)
- Official copies of foreign divorce documents
- Certified copy of the foreign country’s divorce law
- Citizenship proof documents such as a Naturalization Certificate
Note: this list is indicative and may vary depending on the specific foreign country involved and the particulars of the case, considering the diversity in marriage and divorce protocols and documentation across jurisdictions.
Foreign-issued documents necessitate certification by the issuing authority abroad and authentication by the Philippine Embassy or Consulate within its jurisdiction or apostillation by the competent foreign authority.
It is important to note:
- The Divorce Decree/Order must originate from a court and be certified by the Clerk of Court.
- The Divorce Law must be issued by a state and certified by a law librarian within that state where the divorce was granted, authenticating it as the relevant divorce law of that jurisdiction.
For those seeking legal assistance or information regarding legal services in the Philippines, referring to resources such as the Integrated Bar of the Philippines (IBP) or the Public Attorney’s Office (PAO) websites in Manila is advisable.