Guidelines in Filing a Petition for Recognition of Foreign Divorce

Published on May 10, 2017

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Joyce Domingo-Dapat
FollowJoyce Domingo-Dapat
Partner at Domingo Munsayac and Associates Law Offices. Family Law Expert. Immigration
Specialist. Licensed Realtor.

Philippine courts do not recognize foreign decrees, such as a divorce decree, unless the same is proven as
having been validly obtained abroad. When a Filipino gets divorced, his or her marital status as indicated in
the records of the NSO (now Philippine Statistics Authority) cannot be changed to single by merely
presenting a divorce decree. The Court needs to order the NSO to change the said entry to enable the
Filipino divorcee to remarry.

Where to file. This is done through a Petition for Recognition of Foreign Divorce filed at the Regional
Trial Court (RTC) of the place where the petitioner is a resident thereof.

Documentary requirements. Satisfactorily completing the documentary requirements is the major

roadblock in these kinds of petition. Not only is it difficult to properly accomplish, Courts also vary in their
appreciation of the sufficiency of the document.

For instance, to show the existence of the divorce law, you will present a copy of relevant portions of the
divorce law of Japan. As the same is in the Japanese language, you will need to find an accredited translator
to have the translation certified as the true translation. You also have to find the custodian of the divorce
law to certify the same as its true copy. Finally, you have to go to the nearest Philippine Embassy to have
the documents authenticated or as they call it, red-ribboned.

Here is a list of the documents we have so far used in the recognition cases we have handled:

1. Marriage Certificate

2. Divorce Decree

3. Birth Certificate of the spouses and the children, if any

4. Official publication of the Divorce Law (or portions of it indicating the right to obtain to divorce and
the right to remarry after the divorce is granted)

5. Special Power of Attorney (if case is filed in your behalf by a representative)

Guidelines in Filing a
Petition for Recognition of
Foreign Divorce
Published on May 10, 2017
LikeGuidelines in Filing a Petition for Recognition of Foreign D ivorce

8
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0
ShareShare Guidelines in Filing a Petitio n for Recognition of Foreign D ivorce
 1

Joyce Domingo-Dapat
FollowJoyce Domingo-Dapat
Partner at Domingo Munsayac and Associates Law Offices. Family Law
Expert. Immigration Specialist. Licensed Realtor.

Philippine courts do not recognize foreign decrees, such as a

divorce decree, unless the same is proven as having been validly
obtained abroad. When a Filipino gets divorced, his or her marital
status as indicated in the records of the NSO (now Philippine
Statistics Authority) cannot be changed to single by merely
presenting a divorce decree. The Court needs to order the NSO to
change the said entry to enable the Filipino divorcee to remarry.

Where to file. This is done through a Petition for Recognition of

Foreign Divorce filed at the Regional Trial Court (RTC) of the
place where the petitioner is a resident thereof.

Documentary requirements. Satisfactorily completing the

documentary requirements is the major roadblock in these kinds of
petition. Not only is it difficult to properly accomplish, Courts also
vary in their appreciation of the sufficiency of the document.

For instance, to show the existence of the divorce law, you will
present a copy of relevant portions of the divorce law of Japan. As
the same is in the Japanese language, you will need to find an
accredited translator to have the translation certified as the true
translation. You also have to find the custodian of the divorce
law to certify the same as its true copy. Finally, you have to go to
the nearest Philippine Embassy to have the documents
authenticated or as they call it, red-ribboned.

Here is a list of the documents we have so far used in the

recognition cases we have handled:

1. Marriage Certificate

2. Divorce Decree

3. Birth Certificate of the spouses and the children, if any

4. Official publication of the Divorce Law (or portions of it

indicating the right to obtain to divorce and the right to remarry
after the divorce is granted)
5. Special Power of Attorney (if case is filed in your behalf by a
representative)

6. Copy of Valid Philippine passport

All documents obtained abroad which are not in the English

language have to be translated, certified and authenticated. If the
documents are in English, then it only needs to be certified and
authenticated.

Formal requirements. Not all Filipinos who has obtained a

divorce can file for recognition. In the case of Republic vs.
Obrecido, the Supreme Court had the occasion to state the twin
elements that should be present before a Filipino can file for
recognition:

1. There is a valid marriage that has been celebrated between a

Filipino citizen and a foreigner; and

2. A valid divorce is obtained abroad by the alien spouse

capacitating him or her to remarry.

If the divorce was obtained by two Filipinos abroad, the same

cannot be recognized here as it was not a marriage between a
Filipino citizen and a foreigner. If, on the other hand, the divorce
was obtained by a former Filipino who obtained a citizenship
abroad and then filed for divorce, then he or she is effectively a
foreigner and may thus have the divorce recognized here. Note that
what matters is the citizenship of the parties at the time of divorce,
not at the time of marriage.

The divorce law must also allow the Filipino divorcee to remarry.
Although I have not heard of a divorce law that prevents the
divorcing spouses to remarry, this portion of the law must still be
specifically pointed out in Court.

Timeline and procedure. The entire proceeding should take about

six months to a year, depending on how quickly the Court will act
on the petition by scheduling the hearings and drafting the
decision. There will be at least two hearings- the jurisdictional
hearing and the presentation of the petitioner as a witness.

A judicial affidavit is required to be submitted to take the place of

the direct testimony of the petitioner but the petitioner still has to
attend in Court to confirm that he or she in fact executed the
judicial affidavit and that all the statements there are correct.

After the hearings are concluded, the Court, assuming the

petitioner satisfied all requirements, will grant the petition and will
order the NSO to indicate in their records that the status of the
petitioner is single and that as such, he or she is free to remarry.

Costs. Costs differ from one lawyer to another. Our personal

research revealed that lawyers charge about 80,000 Pesos to
150,000 Pesos, depending on the logistics involved and other
circumstances of the client.

It may be wise to choose a lawyer who has successfully handled

recognition cases before to ensure proper appreciation of
documents and proven knowledge of the procedure.

Other remedies. If after having read the above article, you

discovered that you are not eligible to file a recognition case, you
may also opt for the declaration of nullity of your marriage,
assuming you have a good ground for it.

6. Copy of Valid Philippine passport

All documents obtained abroad which are not in the English language have to be translated, certified and
authenticated. If the documents are in English, then it only needs to be certified and authenticated.

Formal requirements. Not all Filipinos who has obtained a divorce can file for recognition. In the case of
Republic vs. Obrecido, the Supreme Court had the occasion to state the twin elements that should be
present before a Filipino can file for recognition:

1. There is a valid marriage that has been celebrated between a Filipino citizen and a foreigner; and

2. A valid divorce is obtained abroad by the alien spouse capacitating him or her to remarry.

If the divorce was obtained by two Filipinos abroad, the same cannot be recognized here as it was not a
marriage between a Filipino citizen and a foreigner. If, on the other hand, the divorce was obtained by a
former Filipino who obtained a citizenship abroad and then filed for divorce, then he or she is effectively a
foreigner and may thus have the divorce recognized here. Note that what matters is the citizenship of the
parties at the time of divorce, not at the time of marriage.

The divorce law must also allow the Filipino divorcee to remarry. Although I have not heard of a divorce
law that prevents the divorcing spouses to remarry, this portion of the law must still be specifically pointed
out in Court.

Timeline and procedure. The entire proceeding should take about six months to a year, depending on how
quickly the Court will act on the petition by scheduling the hearings and drafting the decision. There will be
at least two hearings- the jurisdictional hearing and the presentation of the petitioner as a witness.

A judicial affidavit is required to be submitted to take the place of the direct testimony of the petitioner but
the petitioner still has to attend in Court to confirm that he or she in fact executed the judicial affidavit and
that all the statements there are correct.
After the hearings are concluded, the Court, assuming the petitioner satisfied all requirements, will grant
the petition and will order the NSO to indicate in their records that the status of the petitioner is single
and that as such, he or she is free to remarry.

Costs. Costs differ from one lawyer to another. Our personal research revealed that lawyers charge about
80,000 Pesos to 150,000 Pesos, depending on the logistics involved and other circumstances of the client.

It may be wise to choose a lawyer who has successfully handled recognition cases before to ensure proper
appreciation of documents and proven knowledge of the procedure.

Other remedies. If after having read the above article, you discovered that you are not eligible to file a
recognition case, you may also opt for the declaration of nullity of your marriage, assuming you have a
good ground for it.