What is recognition of foreign divorce in the Philippines?

Recognition of foreign divorce is a legal process in the Philippines that allows a Filipino citizen, who has obtained a divorce decree from a foreign country, to have that divorce recognized in the Philippines. This process is necessary because the Philippines does not automatically recognize a foreign divorce laws, and so this case formally ends the marriage in the Philippines so that property and spousal rights are ended and a new spouse can be recognized.

Who can file for recognition of foreign divorce in the Philippines?

A Filipino citizen who has validly divorced a foreigner is eligible for recognition of foreign divorce. Either the Filipino or the foreigner can file the case.

What are the requirements for filing for recognition of foreign divorce?

We can begin the case with the marraige decree, the divorce decree and IDs. We will also instruct you on how to gather the foreign law and other documents as needed.

What are the requirements for filing for recognition of foreign divorce?

You should file the petition for recognition of foreign divorce in the Regional Trial Court (RTC) of the place where the marriage was celebrated.

How long does the process take?

The process can take a year to a year and a half from filing to Decision, depending on the complexity of the case and the workload of the court.

Can I remarry in the Philippines once the foreign divorce is recognized?

Yes, you will be free to remarry under Philippine law, once the foreign divorce is recognized and so long as you meet all other requirements for marriage. Often the case is needed so that a PH marriage licence will be given to you. Any new marriage can also only be recognized when the first one has formally ended.

Do I need a lawyer to file for recognition of foreign divorce in the Philippines?

Yes, you will need a lawyer to file for Recognition of Foreign Divorce in the Philippines as this is an actual court case with hearings.

Can my foreign spouse remarry in the Philippines after the divorce is recognized?

Yes, your foreign spouse can remarry in the Philippines after the case. The foreign spouse may need to file for Recognition of Foreign Divorce in the Philippines to remarry, as they will not be able to get a CENOMAR to get a marriage license since their former PH marriage was recorded in the PH.

What happens if my petition for recognition of foreign divorce is denied?

If your petition is denied, you can appeal the decision or consult with a lawyer to understand your options. If the petition is ultimately denied, the foreign divorce will not be recognized, and you will still be considered legally married under Philippine law.

Can I file for annulment in the Philippines if my foreign divorce is not recognized?

Yes, if your foreign divorce is not recognized, you may consider filing for annulment in the Philippines to legally end your marriage.

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