REGOGNITION OF

FOREIGN DIVORCE
Atty. Khristian Damielle A. Jamer, RN, LPT, JD
Senior Associate Lawyer, Bongat Law Office
8 STEPS TO A SUCCESSFUL JUDICIAL
RECOGNITION OF FOREIGN DIVORCE IN THE
PHILIPPINES
STEP 1: Determine if you qualify for recognition of divorce.
A divorce can be recognized in the Philippines only if one spouse is a
foreign national or when both spouses are already foreign nationals
at the time the divorce became final. Any one of the spouses can now
file the Petition for Recognition of Divorce.

For example, if a Filipino citizen is married to an American or when a

former Filipino citizen is naturalized while married to an American, then
the law allows any divorce of that marriage to be recognized by a court
in the Philippines.
8 STEPS TO A SUCCESSFUL JUDICIAL
RECOGNITION OF FOREIGN DIVORCE IN THE
PHILIPPINES
STEP 2: Choose an Attorney
The choice of an attorney or lawyer is the most important part of the
recognition process. Your choice will determine your probable success
and whether or not the legal services you are seeking would match your
financial budget and your timetable.
8 STEPS TO A SUCCESSFUL JUDICIAL
RECOGNITION OF FOREIGN DIVORCE IN THE
PHILIPPINES
STEP 3: Prepare the required documents
a) A Brief Marital History;
b) A certified true copy of the marriage certificate registered in the Philippines or in another country and
registered with a Philippine consulate;
c) A certified copy of the divorce decree, order, or decision duly translated to English if in another
language, duly authenticated by Apostille;
d) A certified copy of the specific law on divorce in the country where it was obtained duly translated to
English if in another language, duly authenticated by Apostille, and should indicate that the parties to the
divorce can remarry.
e) Birth Certificates of children, if any;
f) Proof of Residence of the spouse;
g) Proof of Philippine citizenship (Passport or Certificate of Naturalization) or proof of foreign citizenship;
h) Proof of the citizenship of the spouse. (Passport or authenticated proof of naturalization)
8 STEPS TO A SUCCESSFUL JUDICIAL
RECOGNITION OF FOREIGN DIVORCE IN THE
PHILIPPINES
STEP 4: File the Petition
Your lawyer will prepare a draft of the petition which should be
finalized with your input and approval. When the petition is finalized,
you would need to sign the Verification and Affidavit of non-forum
shopping which will be attached to the petition.

If you are in the Philippines, the Verification and Affidavit have to be

sworn before a notary public. It may be signed before the nearest
Philippine consulate if you are abroad.
8 STEPS TO A SUCCESSFUL JUDICIAL
RECOGNITION OF FOREIGN DIVORCE IN THE
PHILIPPINES
STEP 5: Testify in Court
The first hearing will most likely be for purposes of establishing the
jurisdictional facts, that is the service of the summons to the other
party or publication if the party's whereabouts cannot be ascertained or
are unknown.

After that, witnesses will be called to testify. Normally, the first witness
will be the Petitioner followed by a representative from the Office of
the Civil Registrar where the marriage which is the subject of the
divorce is registered. Other witnesses may be required by the court.
8 STEPS TO A SUCCESSFUL JUDICIAL
RECOGNITION OF FOREIGN DIVORCE IN THE
PHILIPPINES
STEP 6: Wait for the Decision of the Court
After the testimonies of all the witnesses, all the evidence in
the case will be offered in evidence and the case submitted for
decision by the court.

STEP 7: Wait for the Finality of the Decision

The Decision of the Court becomes final 15 days from receipt
thereof by the Petitioner.
8 STEPS TO A SUCCESSFUL JUDICIAL
RECOGNITION OF FOREIGN DIVORCE IN THE
PHILIPPINES
STEP 6: Wait for the Decision of the Court
After the testimonies of all the witnesses, all the evidence in
the case will be offered in evidence and the case submitted for
decision by the court.

STEP 7: Wait for the Finality of the Decision

The Decision of the Court becomes final 15 days from receipt
thereof by the Petitioner.
8 STEPS TO A SUCCESSFUL JUDICIAL
RECOGNITION OF FOREIGN DIVORCE IN THE
PHILIPPINES
STEP 7: Annotation of the Decision
After the finality of the decision, a Certificate of Finality will be issued
by the court which rendered the decision and this will be endorsed to the
Office of the Civil Registrar – Local Civil Registrar or City Civil
Registry Office in Manila – where the marriage is registered for
annotation. The annotation will include information on the title of the
case, the court, and the relevant dates.
8 STEPS TO A SUCCESSFUL JUDICIAL
RECOGNITION OF FOREIGN DIVORCE IN THE
PHILIPPINES
STEP 8: Submission to the Office of the Civil Registrar-General
After the annotation at the relevant Office of the Civil Registrar, the
annotated documents and their requirements must be submitted to the
Office of the Civil Registrar-General in Manila.