Judicial Recognition of Foreign Divorce Philippines

Filing for Judicial Recognition of Foreign Divorce and Seeking Financial Assistance for Emotional Damages

Question:

The client is divorced from her Japanese ex-husband, who has been ignoring her. She wants to know if she can file for judicial recognition of their foreign divorce in the Philippines and seek financial assistance for emotional damages.

Answer:

Judicial Recognition of Foreign Divorce:

1. Eligibility: In the Philippines, judicial recognition of foreign divorce can be initiated by either the Filipino spouse or the foreign spouse.
2. Procedure: To file, you'll need to submit the foreign divorce decree and its certified translation, among other documents, to a Philippine court.
3. Effects: Once recognized, the foreign divorce has the same effect as a Philippine-issued decree, allowing you to remarry under Philippine law.

Financial Assistance for Emotional Damages:

1. Filing a Civil Case: To seek financial compensation for emotional damages, you can file a separate civil case against your ex-husband.
2. Jurisdiction Issues: Given that he is a Japanese national, enforcing a Philippine court order may be challenging if he is not residing in the Philippines.
3. Evidence: You would need to provide substantial evidence to show that you suffered emotional damages due to his actions.

International Law Considerations:

1. Enforcement in Japan: If your ex-husband resides in Japan, enforcing a Philippine court order for financial assistance may require additional legal steps in Japan.
2. Legal Assistance: Due to the international aspects of the case, seeking the advice of a lawyer experienced in international family law is advisable.

Disclaimer:

This article is intended for informational purposes only and should not be construed as legal advice. Consult a lawyer for case-specific guidance.