Recognition of Foreign Divorce

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Recognition of Foreign Divorce

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Recognition of Foreign Divorce is a Philippine court case that recognizes a valid foreign divorce that amends the PSA marriage record, addresses immigration concerns, clarifies property rights and allows a second marriage to be recognized. It is available only when one of the spouses is a foreigner at the time of the divorce and is recommended when there are long term ties to the Philippines.

WHY DO YOU NEED RECOGNITION OF FOREIGN DIVORCE?

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IMMIGRATION

Countries such as Norway require the divorce to be recognized before they allow the immigration of a new spouse to their country

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REMARRIAGE

Countries such as Korea and Japan require this case before allowing remarriage in their country. A foreigner in the PH may also need this to remarry.

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CLARIFY PROPERTY RIGHTS

If you live, invest, or have property in the Philippines, the case is needed so that it is clear that your ex-spouse has no claim on your PH assests.

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FORMALLY REMOVE SPOUSAL RIGHTS

To prevent harassment or nuisance cases, it is best to file this case to formally end the marriage and remove spousal rights.

WHAT ARE THE REQUIREMENTS?

Marriage Certificate

Divorce Decree

Passport and IDs

Foreign law

ATTY BRITANICO ON RECOGNITION OF FOREIGN DIVORCE
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RECOGNITION OF FOREIGN

 DIVORCE IN STEPS

CONTACT US
CONTACT US
Contact us to explain your situation
ASSESSMENT
ASSESSMENT
We'll do an initial assessment
DOCUMENTS
DOCUMENTS
We instruct you on missing documents
CASE FILED
CASE FILED
We file the case at the RTC
TRIAL
TRIAL
We attend all hearings
DECISION
DECISION
We receive and work on the Decision

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FREQUENTLY ASKED QUESTIONS

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.

 

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.

 

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. 

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

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.

 

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.

 

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.

 

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.

 

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.

 

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