Foreign Divorce Philippines
Legal Foundation
In the Philippines, divorce is generally not recognized due to the predominance of Roman Catholicism and the constitutional mandate to protect the family. However, the law makes an exception for foreign divorce decrees, which can be recognized through a judicial process under the jurisdiction of Philippine courts.
Conditions for Recognition
For a foreign divorce decree to be recognized, at least one of the parties must be a foreign citizen at the time the divorce was obtained. Philippine law follows the nationality principle, which means that the law of the foreign citizen will apply in determining the validity of the divorce.
The Recognition Process
Recognition of a foreign divorce decree starts with filing a petition in a Regional Trial Court. The petitioner must prove both the existence of the foreign law that allows divorce and the foreign divorce decree itself. This is typically done by presenting duly authenticated copies of foreign law and the divorce decree, often requiring consular legalization or an Apostille certificate.
Effects of Recognition
Once a foreign divorce is judicially recognized, it can affect various aspects of the petitioner's life, including civil status and property relations. In particular, a recognized foreign divorce decree would allow a Filipino citizen to remarry under Philippine law.
Changing Last Name
If a female petitioner wishes to revert to her maiden name after the recognition of a foreign divorce decree, she can file a petition for a change of name under the Rules of Court. This is a separate judicial process that must be supported by proper justification, such as the reversion to maiden status.
Legal Consequences
Failure to have a foreign divorce decree recognized in the Philippines can result in complications, such as being charged with bigamy if one remarries without recognition. Furthermore, unrecognized foreign divorce decrees do not have any effect on the division of conjugal assets or child custody arrangements under Philippine law.
Conclusion
The recognition of foreign divorce decrees and subsequent changes to one's last name involve intricate legal processes. They are governed by specific legal provisions and court procedures that must be meticulously followed. Considering the complications that may arise from non-compliance, obtaining legal advice is often indispensable.