Recognizing Foreign Divorce
Jurisdictional Requirements
In the Philippines, foreign divorce decrees can be recognized, but such recognition requires judicial approval. This means that a petition has to be filed in court to recognize the foreign divorce decree and thereby make it enforceable in the Philippines.
Applicable Laws
The recognition of foreign divorce decrees is generally governed by Rule 39, Section 48(b) of the Rules of Court, the Family Code, and pertinent case law. These instruments provide the legal basis and procedural guidelines on how a foreign divorce decree can be recognized.
The Procedure
- Filing a Petition: The individual must file a petition for recognition of foreign judgment with the appropriate court.
- Submission of Evidence: Required documentation typically includes a certified true copy of the foreign divorce decree and the foreign law on divorce.
- Hearing: A hearing will usually be scheduled, during which both parties can present further evidence and make arguments.
Factors Affecting Timeframe
The timeframe for completion varies significantly and depends on various factors including, but not limited to:
- The court’s docket
- Efficiency of the legal counsel
- Complexity of the case
Legal Implications
If recognized, the foreign divorce decree allows the Filipino citizen to remarry under Philippine law. It will also settle matters such as division of property, custody of children, and spousal support, in accordance with the terms of the foreign divorce decree.
Costs
Aside from legal fees, there may be court fees for filing the petition. Furthermore, acquiring a certified true copy of the foreign divorce decree and other related documents may involve additional costs.
Conclusion
Recognition of a foreign divorce decree is not automatic in the Philippines and involves a judicial process. Consult with a competent legal advisor to navigate the complexities of this procedure.