Dear Attorney,
I am currently divorced, and I would like to change my legal documents back to my maiden name. Could you advise me on the legal steps to follow in the Philippines to achieve this?
Concerned Individual
Insights
In the Philippines, the legal process for changing one's name after a divorce is rooted in the Civil Code and relevant jurisprudence. According to Article 370 of the Civil Code, a married woman has the option to use her maiden name or her husband's surname. Upon dissolution of the marriage through annulment or divorce (in cases where foreign divorce applies), a woman can revert to her maiden name.
However, changing one’s name in official documents is not automatic after a divorce. The individual must follow the legal procedures set forth in Republic Act No. 9048 (as amended by Republic Act No. 10172), which governs the correction or change of entries in civil registry documents. This law provides the process for correcting clerical or typographical errors in a person's civil status documents without the need for judicial proceedings.
For reverting to a maiden name, particularly in passports, the Department of Foreign Affairs (DFA) allows this, provided that the divorce is recognized under Philippine law. You will need to submit authenticated copies of your foreign divorce decree (if applicable) and proof of recognition of the foreign judgment by Philippine courts. For other legal documents, such as driver's licenses or bank records, individual agencies may have their own specific procedures.
If a court proceeding is required (for example, if a foreign divorce needs to be judicially recognized in the Philippines), a petition must be filed before the Regional Trial Court. The petitioner must prove the validity of the foreign divorce and request that the court issue an order for the appropriate government offices to update their records. Once the court issues a decision, this can be used to update all government and financial records.
It is advisable to consult a lawyer specializing in family law to guide you through the legal process and assist in securing court recognition if necessary.