JUDICIAL RECOGNITION OF FOREIGN DIVORCE IN THE PHILIPPINES
It is a recognition by a Philippine Court of a divorce granted by a court in another country between a Filipino Citizen and a Foreign National, regardless of the place of marriage or the party which filed to obtain the divorce.
HOW CAN THE FOREIGN DIVORCE BE RECOGNIZED IN THE PHILIPPINES? Recognition is a judicial process where both the foreign divorce and the foreign divorce law need to be proven in Court. You will need to file a Petition for Recognition of Foreign Divorce with the Regional Trial Court in the Philippines. You will need to get a lawyer to prepare and conduct the case.
PROCESS OF JUDICIAL RECOGNITION OF A FOREIGN DIVORCE
CHOOSE THE RIGHT LAWYER You should choose a lawyer that you can trust and who has successfully handled recognition cases before to secure proper appreciation of documents and proven knowledge of the procedure.
PREPARE ALL THE REQUIRED DOCUMENTS Preparing all the required documents is an important step. Remember that all documents sourced or obtained in Japan and intended for use and submission to Philippine authorities must undergo apostille authentication at the Philippine Embassy in Tokyo or the Philippine Consulate General in Osaka through verification of the seal and signature of a duly appointed official of the Japanese Ministry of Foreign Affairs ( Gaimusho ).
FILING THE PETITION After preparing all the required documents, the lawyer will draft the Petition for Recognition of Foreign Divorce that is required to be signed by the lawyer and sworn by the petitioner. The Petition is going to be filed with the Regional Trial Court ( RTC ) in the Philippines.
COURT HEARING The case will be heard in court where witnesses’, testimonies, and other evidence will be presented. The Court Hearing will take about six months to a year. It will depend on how fast the Court will act on the Petition, scheduling the hearings, and drafting the decision.
FINALITY OF THE DECISION Philippine regulations require that there must be a Final Order from a competent Philippine Court before a foreign judgment, dissolving a marriage, can be registered in the Civil Registry. After the Court grants the Petition, the Certificate of Finality will be issued.
REGISTRATION WITH THE CIVIL REGISTRY If the Court grants the petition, the Decision can thereafter be registered with the Civil Registrar and the Philippines Statistics Authority for Annotation on the Marriage Record.
NOTE: It is important to hire an experienced lawyer to help you accomplish the Judicial Recognition process. We could help you find a lawyer who has successfully handled Judicial Recognition of Foreign Divorce cases before. For a free consultation, please do not hesitate to contact us.